Obligated To See
A number of poskim are of the opinion that the eidim [witnesses] for kiddushin are obligated to see the face of the kallah, and if they don’t, the kiddushin in invalid. The source for this is the Mabit (Shu”t Mabit, Vol. 1, siman 220 and siman 331) cited in the Pischei Teshuvah (31:5). The Maharit (cited in Avnei Miluim 31:4) also quotes from his father the Mabit, that if a kallah is very modest and she covers her face with a thick vail and the eidim are unable to see who she is, the kiddushin is invalid, as at the time of kiddushin they don’t know who she is, and it is equivalent to there not being any eidim, and even if they see who she is afterwards it doesn’t help. The Mabit bases himself on a Shu”t HaRashbah (Teshuvah 780).
The Pnei Yehoshua explains the opinion of the Mabit, that the eidim for kiddushin need to be able to testify about the kallah in matters relating to life and death, and if they can’t see her, they can’t give eidus in matters relating to life and death.
The Shu”t Chasam Sofer (Even HaEzer, siman 100) and the Talumas Lev (Kuntros Halikutim, Even HaEzer, pg. 101, ois 8) bring that the minhag in Trabels (טראבלס) was to uncover the kallah’s face at the time of kiddushin. The Chessed L’Avraham (Vol. 1 siman 20) writes: The correct thing for all those who fear Hashem is to warn the witnesses to make sure to see that the woman being mekudeshes is the correct woman, שלא יהיה פקפוק בשורש קדושת ישראל – to avoid any doubt in matters related to kedushas Yisrael.
No Need to See
The Pischei Teshuvah brings that the Mabit’s son the Maharit argues on his farther, and he holds “since we know that the kallah being walked down to the chuppah is the correct person, it is as if the eidim themselves know it is the kallah, even if they never saw her and they don’t recognize her.”
The Avnei Miluim also argues on the Mabit and says that since at the time of kiddushin we could easily determine if the woman in front of us is the correct one, even if the eidim only see her immediately after kiddushin it is okay. Additionally, the Avnei Miluim writes, since we know that the kallah under the chuppah (under the veil) is the kallah that is supposed to be getting married, it is considered that there is eidus.
See the Aruch HaShulchan (31:9) who explains how one can give eidus if he can’t see the kallah’s face. See also the Yeshuos Yaakov (Even HaEzer, siman 42, Pirush Hakatzer, s.k. 6) and the Shu”t Nefesh Chayah (Even HaEzer, siman 20) who conclude that the halachah is not like the Mabit. See the Shu”t Chessed L’Avraham (Mahadura Kama, Even HaEzer siman 20) who writes that it was a wondersome to them when he told them to reveal the face of the kallah.
The Shu”t Beis Shlomah (Even HaEzer, siman 9) responded to someone who wanted to be mechadesh that the face of the kallah needs to be revealed before kiddushin etc. that: “I say, chas vesholam to change what has been the custom until now. Keeping the kallah’s face covered is an act of modesty and doing otherwise and looking at the kallah’s face and going against the widespread minhag is מכוער – disgusting. One who wants to change the current minhag has the lower hand.”
Further Reasoning for Those Who Hold There Is No Need to See the Kallah’s Face
HaGaon Melisa in his sefer Kehilas Yaakov (Even HaEzer 31:1) adds that seeing the kallah after kiddushin helps, since their hand did not move from her hand until they saw her, it is certainly evidence. Additionally, since everyone at the chuppah is there because they were invited to the chuppah of so and so, there is no bigger proof than this, that the kallah under the chuppah is in fact so and so.
This yesod is clear from a Shita Mekubetzes (Kesubos, daf 17) in the name of Talmiday Rabbeinu Yonah, and a similar thing is found in the Rosh (Kesubos 2:2). The Shita Mekubetzes is discussing if one is allowed to look at the kallah in order to make her more beloved in the eyes of her chosson. The Shita Mekubetzes brings an opinion that on the first day after the chasunah one is allowed. However, he subsequently brings that even on the first day it is forbidden. He then asks, if so, how can anyone give testimony about her? The Talmiday Rabbeinu Yonah answers:וי"ל שכיון שרואין הינומא ושאר דברים שעושין לבתולה וכל העולם אומרים זו כלה פלונית אותה חזקה היא כמו ראיה – since they saw that she went out with a veil and in a manner that other maidens go out, and the entire world is saying that this is kallah so and so, that chazokah is equivalent to seeing.”
The Conduct of Various Different Gedolim
As we saw above, there is a big machlokes haposkim if the eidim need to see the face of the kallah. Below we will bring the minhag of various gedolim:
The Brisker Rav maintained that the eidim should see the face of the kallah before kiddushin (Apiryon Shlomah, R’ Eliyohu Boruch Finkel zt”l, Perek 6, sif 6). This was also the minhag of R’ Shach according to the testimony of R’ Rafoel Wolf (cited in introduction of Apiryon L’Shlomah of R’ Yehudah Aryeh Dunner shlita). Additionally, he would tell the eidim to go with the chosson to the badeken so they could see the face of the kallah then, and he would ask the eidim if they saw the face of the kallah before it was covered over. If they didn’t see, he would ask for the veil of the kallah to be lifted up under the chuppah in order that the eidim could see her face. R’ Binyomin Yutzak (יוז'ק) shlita relates that one time there was a righteous eid who didn’t want to look at the kallah, and R’ Shach made them take a different eid.
However, the opinion of the Maharil Diskin was that it is enough that the eidim see that the man (chosson) in front of them performs kiddushin with the woman (kallah) in front of them, even if they don’t see her face, and it is enough that they know that the finger the ring is being put on, is the woman being miskadeshes [betrothed] (Apiryon Shlomah, Perek 6, sif 6). The opinion of R’ Shlomah Zalman Auerbach zt”l was also that the eidim don’t need to see the face of the kallah, as the Ba’al Ketzos HaChoshen in Avnei Milium (31:4) and the Nesivos HaMishpat in his sefer Kehilos Yaakov already said that there is no need (Apiryon Shlomah, Perek 6, sif 6). They also bring from R’ Shmuel Wosner zt”l that there is no need to lift up the veil under the chuppah to see the kallah, as it is enough that they know who the woman is:שהרי לו יצויר שתזנה תחת חופתה יכולים להעיד שחייבת מיתה שראו שנתקדשה ואח''כ זינתה נמצא שיש כאן עדי קיום, ומה שאין זוכרים זה למחר גם כל עדים שבעולם אין זוכרים עדותם לעולם – as if for argument sake she would be mezaneh under the chuppah, the eidim would be able to testify who it was and she would be punished with death as they saw that the woman who was mekudeshes was mezaneh, therefore, it comes out that there are eiday kiyum. And the fact that by tomorrow they no longer remember who it is, that’s by all eidim, no eidim remember everything forever.
The minhag of R’ Nossan Tzvi Finkel zt”l was that when covering the kallah with a veil, he would tell the eidim to watch. Additionally, when drinking from the cup of wine used for the birchas erusin he would tell the eidim to look again at the kallah, to ensure it is still the same person. Many times, it happened that he was mesader kiddushin by the chasunos of talmidim who had the minhag not to look at the kallah, and he would be mevatel his da’as [forgo on his opinion] and was okay with them not looking.
They say in the name of R’ Elyashiv, that the eidim need to see the face of the kallah at the time of kiddushin and it doesn’t help to see her face at the time of the badeken.
R’ Moshe Bransdorfer shlita relates that his father R’ Meir Bransdorfer zt”l was very particular that the eidim should see the face of the kallah at the time of the badeken, and he wasn’t worried that the kallah may be swapped for a different one between then and the ma’aseh [act of] kiddushin. One time the eidim who saw the badeken, weren’t the same as the eidim for kiddushin, and he instructed that under the chuppah they should look at the face of the kallah.
He further related that one time they were missing an eid for a chasunah that took place in the B’nos Yerushalayim Hall on Rechov Baran (בהר''ן) and he stopped a random passerby who didn’t recognize any of the families, and he asked him to be an eid, and he graciously agreed. After the story, R’ Moshe started having second thoughts, that perhaps since he doesn’t know the family at all he can’t be an eid and the kiddushin isn’t binding, and he asked his father R’ Meir about it. His father shouted at him, “liar, liar, once someone gives eidus, he can’t give testimony again, and the kiddushin is 100% valid.”
Various Different Minhagim
Regarding the aforementioned issue, there are many different minhogim (collected from Otzer HaPoskim, Even HaEzer 42:4, ois 31, pg. 116; Nitei Gavriel Hilchos Kiddushin, Vol. 1, Perek 20, and Apiryon Shlomah, Perek 6, sif 6 and other seforim). Some have the minhag that the eidim look at the kallah before the badeken, so that they can give eidus that she is the one who was mekudeshes. Some have the minhag, that the eidim look at the face of the kallah under the chuppah just before kiddushin.
Some have the minhag that the eidim look at the face of the kallah when she drinks from the cup of wine used for the birchas erusin (Shu”t Yabia Omer, Vol. 4, siman 5, ois 6). Some are stringent and have the eidim look twice, once before the badeken, and a second time when she is under the chuppah, as perhaps her father is like Lavan HoArami and he swapped her on the way. According to this opinion, the eidim that see the badeken, need to be the same eidim as under the chuppah. Some have the minhag to make a thin veil so the eidim can see through it. And some have the minhag that the eidim don’t need to see the kallah at all, and they rely on other women at the chuppah who testify that the kallah is in fact so and so the kallah.
(This write-up is based on gilyon Oimek HaPeshat #19)
