We have seen a number of reasons why it is not an issue that there are many “non-kosher” eidim at a wedding: 1) They are innocent bystanders. 2) The non-kosher eidim are excluded, even if they wanted to testify. 3) They don’t have plans to testify. 4) Eidus for kiddushin is different. But why do we designate specific eidim? There are a number of reasons:
1. TO ENSURE THAT THEY SEE
The Kitzos Hachoshen (36:1) writes that the relatives are usually the ones who are close to the chuppah and clearly see the kiddushin. If we would not call anyone else up, it may very well be that the kosher witnesses will be too far away to see and hear the kiddushin. The Aruch Hashulchan (E”H 42:31) also concurs with this reasoning. He adds that even if they are close by, they are often caught up in the festivities and are not focused on the kiddushin.
2. TOO MANY COOKS
The Maharim Shik (C”M 57) quotes his illustrious rebbi, the Chasam Sofer, who had the practice to designate two eidim. The Maharim Shik goes on to explain that this is a better method than announcing that all the kosher bystanders should testify. This is based on a halachic regulation. When there are many witnesses designated for a get, they must all come forth and testify in order to validate the get. The same should apply to kiddushin, and if they announce that all qualified witnesses should be witnesses, every single qualified participant would have to watch and testify in order to validate the kiddushin.
The Shu”t Binyan Tzion (157), on the other hand, writes that he never saw this practice of designating two eidim, and he writes that it is preferable not to designate any witnesses. He explains that by designating specifically two eidim, all others are excluded, and if one of the eidim is disqualified, the entire kiddushin is jeopardized. However, if all the kosher eidim are used, we are bound to have a few kosher witnesses who can be used as backups.
The Maharam Shik, however, rejects this concern. He proves that this is not an issue from the words of the Rama (E”H 42:4), in the name of the Rivash (479). He rules that even if specific witnesses are designated, the other kosher witnesses are not excluded and can still be used as backups if necessary.
IN SUMMARY
Although there are many “non-kosher” eidim at a wedding, this is not an issue because: 1) They are innocent bystanders. 2) The non-kosher eidim are excluded, even if they wanted to testify. 3) They don’t have plans to testify. 4) Eidus for kiddushin is different.
The prevalent practice is to designate eidim. One reason is to ensure that there are two kosher witnesses carefully witnessing the entire ceremony. Another reason is that if all qualified witnesses are witnesses, every single qualified participant would have to watch and testify in order to validate the kiddushin. But, if necessary, the other kosher witnesses who were present can be used for a backup.
RABBI NACHUM SCHEINER
