YeshivaThe torah world Gateway Beit Midrash
Beit Midrash
- Sections
- Chemdat Yamim
- Bemare Habazak - Rabbis Questions
Answer: Before explaining, we assure you that you should do nothing now.
A mishna (Makkot 5b) derives that if one of the members of a group of witnesses (=eidim) is pasul (invalid to serve), so is the testimony of its kosher members. The gemara (ibid. 6a) is bothered by the implication that events at which kosher and pasul (including relatives) eidim are together could not be halachically confirmed. The gemara provides a guideline: we ask if the people "came to see or to testify." In other words, if they came to testify, there would be no testimony. Kf was apparently aware of this concept and was suggesting that your testimony, which was needed to effectuate the kiddushin (Kiddushin 65b), was pasul.
However, it is highly unlikely that this was a problem. Rishonim ask that if the presence of relatives pasuls kosher witnesses, what do we do at weddings? Tosafot (ad loc.) posits that just seeing an event does not turn an observer into an eid, which would happen only if he testified in beit din. Since this did not happen in your case, Tosafot would justify your inaction. The Shulchan Aruch (Choshen Mishpat 36:4) cites two opinions, with a preference toward the opinion that argues on Tosafot.
The Rosh (Makkot 1:11) says that even when pasul eidim would invalidate the function of kosher witnesses at the point of observation, if the kosher witnesses were appointed eidim, their status is unaffected by others. (A critical question, subject to machloket, is when one of the appointed eidim was pasul, whether kosher observers at the wedding can effectuate the kiddushin. This is beyond our scope – see Otzar Haposkim, Even Haezer 42:31.) Since here too, you and your co-witness were appointed (as is standard), the Rosh would also have you ignore kf’s provocation.
Bemare Habazak - Rabbis Questions (650)
Rabbi Daniel Mann
669 - Ask the Rabbi: Possibly Early Mincha
670 - Ask the Rabbi: Witness Complication at a Wedding
671 - Ask the Rabbi: Late Payment?
Load More
There is an approach that explains that we are not concerned at weddings because we assume that relatives do not intend to be witnesses (see Shach, CM 36:8). Kf seems to say that this wedding was a problematic exception. Apparently, though, even one who relies somewhat on the pasul observer’s intention also accepts at least one of the previous distinctions (see ibid.), which do help in your case.
It is also not clear that we should trust kf that he intended to be an eid when there are no indications other than his word (and after all he is pasul for this too) that this is the case (see Ramban, Makkot 6a; Shach, CM 36:5). It is also difficult to understand exactly what he was saying about his intention and to put it in halachic perspective – did he actually plan to testify, did he just mean to cause a problem, and would that amorphous idea qualify? Did he have a real reason to disqualify the wedding? If he did, wouldn’t he have sat down with the mesader kiddushin or the couple and explained himself? It is far more likely that he was trying to be "cute" or trying to get under your skin.
In summary, even if kf tried to disqualify the kiddushin, he almost definitely did not and could not do so. If it were so easy, any of the many relative guests at anyone’s wedding could, and Halacha does not want us to start worrying about that. While kf did say something unusual, a passing comment to you is definitely not enough for us to start worrying about it. Now, when the marriage is an established fact, it would be a big mistake to sow doubt about it.
Lessons
fast navigation

Kuzari -Rabbi Ari Shvat Kuzari class 5- "Proofs of G-d"
This may be the most important class of the entire book, where we finally get to the Jewish proof of the existence of G-d and truth of the Torah. We should follow His own direction where He tells us how to get to Him: through the Nation of Israel: Jewish history, Jewish prophets (and today, prophecies fulfilled), and national reward & punishment towards Am Yisrael.

Ein Aya One Humanity, One Creator, One Jerusalem
Rav Kook innovatively and beautifully explains this aggadeta where our sages say that after Jerusalem was destroyed her cinnamon fragrance is only found locked in a particular kingdom's treasury.

Shlach Lecha "Why So Many Don't Make Aliya?" - Parshat Shlach
This short article deals with the weird phenomena that every single time Am Yisrael is meant to enter the Land of Israel, throughout the Tanach, 2nd Temple and until today, they "chicken out" and look for excuses. What's the problem with this mitzvah that proves so challenging. The article, based on sources, suggests that the difficulties of Eretz Yisrael is precisely her secret and beauty!

Kuzari -Rabbi Ari Shvat Kuzari class 4
The class deals with Islam and how the Muslim tries convincing the King of the Khazars, and why he was also rejected.

Beha'alotcha JEWISH STATE= GUIDE TO G-DLINESS & SELFLESSNESS
A Jewish State not only is a good idea, but educates us towards selflessness, altruism and G-dliness in our daily lives.

Ein Aya In Zion Even the Smoke of the Bark is Sweet
Just as Jewish nationalism is different from others, so too our capitol of Jerusalem is totally different than other national capitols. Rav Kook beautifully explains the passage in the Talmud that the trees of Yerushalayim were cinnamon trees.

Kuzari -Rabbi Ari Shvat Kuzari class 3
The second speaker invited to convince the Khazar King is the Christian, who presents their beliefs. Even before the questions of the King, "between the lines", the author R. Yehuda HaLevi already begins disproving them.

Ein Aya "Intimacy: Love, Life & Giving or Egocentric Taking & Expiration"
Today, many confuse between intimacy in marriage, based on love, giving and life which are diametrically opposed to empty "sex", pornography and prostitution which destroyed the Beit HaMikdash. The practical importance of clarifying this topic in today's western society is obvious, especially for young adults.
















