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Ruling: The Rama (Even Haezer 42:1) says that if a man and woman went through a basically valid act of kiddushin, including the woman’s expressed interest in it, except that the man threw the ring into her lap and she shook it off, she is considered married. He says that this is so even if there are reasons to believe her claims that she was just joking and did not intend for marriage, because we are very strict about the prospect of permitting remarriage to a woman who could be already married. We take into consideration that while she apparently did not want to marry the man who gave her the ring, maybe she decided not to be choosy.
However, this case is different in that the husband and the witnesses all say that the "marriage" was a joke. Here we say that the man is not likely to also have decided to enter a marriage that he apparently was not interested in, and he also has little to gain by denying a valid marriage since he can give a get if he wants (Tzuf D’vash 25; Halichot Eliyahu 13). While this approach is not certain, there are several other doubts on the validity of the kiddushin.
For one, the ring the man used was borrowed from another woman, and he did not tell the owner it was to be used for kiddushin. Therefore, it is questionable if he owned the ring, as is required (Shulchan Aruch, EH 28:19 – the Rosh, Kiddushin 1:20 says they are not married). Additionally, the witnesses were not set aside, in which case, some say that the presence of non-kosher witnesses (in this case, the women present) connects them to the kosher ones and disqualifies all (based on Ritva, Kiddushin 18b). Although we require a get in such cases, the matter is still a doubt that can join up with other doubts.
The witnesses are not reputable people, and there are strong indications that they are Shabbat desecrators. Even if we don’t trust them that they violated Shabbat, the fact that they are problematic personalities makes them unfit as witnesses Rabbinically, raising further questions about the need for a get (see Shut R. Akiva Eiger 100). Also, the witnesses are not able to testify in sufficient detail (e.g., remembering the "ceremony’s" date) to be considered "interrogated" (drisha v’chakira). A final point is that there are opinions that the Rabbinical decision not to do kiddushin without a simultaneous chupa might uproot the marriage.
While some of the doubts raised are stronger than others, it is clear that the confluence of the different reasons not to give legitimacy to the act of marriage is enough to not require a get. The two regional dayanim who required a get without explaining their halachic basis should cease acting in such a manner. [Editors note – the idea of connecting doubts and the rejection of unnecessary stringency are both hallmarks of Rav Ovadia Yosef zt"l’s halachic style.]
P'ninat Mishpat (829)
Various Rabbis
275 - Leprosy as Grounds for Divorce
276 - A Get for a Fake Marriage?
277 - An Unavoidable Cancellation
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P'ninat Mishpat P'ninat Mishpat: Did Any Furniture Go to the Buyer? – part I
based on ruling 84093 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: A Seller with Questionable Rights to the Property – part I
based on ruling 84062 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: How Many Dayanim?
based on ruling 84139-1 of the Eretz Hemdah-Gazit Rabbinical Courts
Kuzari -Rabbi Ari Shvat Kuzari class 8- "Answering Questions on the Kuzari's Proof from Mass Revelation
Rabbis in Midrash
Lessons
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Kuzari -Rabbi Ari Shvat Kuzari class 9 - "Seeing is Believing" (parag. 21-30)
These paragraphs elaborate on the theme that seeing and knowing is better than any attempt to prove logically, and begins explaining the difference between Israel and gentiles.
Ein Aya Various Universal Stages of the Geula Process
Rav Kook examines the various stages of redemption, explaining how (in addition to the obvious oft-mentioned stages of ingathering the exiles, reviving the Hebrew language, army, state etc.) the messianic dream of world prosperity, the State of Israel and world unity can and are realistically and logically gradually coming true.
Kuzari -Rabbi Ari Shvat Kuzari class 8- "Answering Questions on the Kuzari's Proof from Mass Revelation
How do we know that the "claim" of mass revelation to 2,000,000 witnesses at Mt. Sinai is really true? This important class answers all of the questions skeptics ask about this claim of the Kuzari.
Ein Aya Armies Still Necessary for Balance & the War Against Wars
Rav Kook explains why the world was originally divided into the various seemingly contradicting ideologies and cultures, in order to develop each one respectively. Swords or armies symbolize how each respective ideology defends themselves, as well as deters their opposing ideologies and cultures. On the other hand, the messianic era will be one of peace, and Rav Kook explains the transition to that stage, which mankind is already undergoing.
The Land of Israel LGBT'S IN ISRAEL
The question was asked, how can one make Aliyah with the LGBT parades?
Kuzari -Rabbi Ari Shvat Kuzari class 7 - Five Accumulative Proofs of G-d
As a preparation for the Kuzari's classic proof of G-d from the mass-revelation at Sinai, we start here with 5 other directions to strengthen our belief which also contribute to what the Kuzari will present as well.
Ein Aya Muscle & Meaning: The Dual Nature of Gevurah (Physical Strength)
Is physical strength and fitness a necessity or an ideal? Although it if often totally overlooked among topics of Judaism, Rav Kook writes that it clearly is also a necessity to deter the many enemies of Israel, but even in Y'mot HaMashiach, in the Messianic era, to a certain extent, it's ideal continues even after our enemies will have been finished off.
