In this week’s parsha, the Torah (Shoft- im 17:6) states that whenever eidim are re- quired, two or three can testify. This has a di- rect impact on Jewish weddings, since many more than two witnesses are watching the ceremony.
One of the honors given out at a wed- ding is the eidi kiddushin, the witnesses. As we know, eidim must be kosher witnesses in order to testify. This means that they have to be upright Jews who keep the Torah and do not do aveiros. Additionally, they cannot be relatives of the chosson or kallah or related to each other.
However, even if one is sure to prepare two kosher eidim, there is still a potential con- cern. There is another regulation in the laws of eidim that should seemingly cause a major problem.
The Mishna in Makkos explains that al- though two eidim are always sufficient, three or more eidim can also testify and become a part and parcel of the testimony. Thus, even if there are two kosher eidim, if one of the “ex- tra” eidim is disqualified because he is found to be pasul or a relative, the entire testimony is invalidated.
Base on this regulation, the Rishonim raise an obvious concern. Since there are usually relatives of the chosson and kallah in attendance at every chasuna, they should all become a part and parcel of the testimony. Thus, even if there are two kosher eidim, the entire testimony should be invalid because of other witnesses. There are a number of an- swers given to this question.
INNOCENT BYSTANDERS
The Daas Zekainim, on the aforemen- tioned pasuk, answers that this regulation is only applicable if the non-kosher witness wishes to testify. However, if he is just an inno- cent bystander, with no intention of testifying, he will not be considered a witness and will not have any effect on the kosher witnesses.
DESIGNATION
He adds that his rebbi would announce at the chasuna that all of the kosher eidim should be considered eidim for the kiddu- shin, which has the connotation that the non-kosher eidim should not testify and are excluded, even if they wanted to testify. Many Rishonim and Acharonim also suggest that this is a good idea, and this has become the standard procedure at our weddings.
PLANS TO TESTIFY
Tosfos and the Rosh give another answer to this question. They posit that the issue of non-kosher eidim is not dependent on if they witnessed the scene, even if they have plans to testify; that will not render them a halach- ic witness. Rather, one is only considered a witness, halachically speaking, if they actually come and testify in beis din. Thus, the rela- tives who are at the chuppah do not pose any problem to the eidus. The Ritva concurs with this explanation.
According to this reasoning, it is unneces- sary to make any announcement, since rela- tives seeing the kiddushin is not a concern.
EIDUS FOR KIDDUSHIN IS DIFFER- ENT
The Avnei Milu’im (42:6) suggests yet another answer. He writes that the eidus for kiddushin and gittin is fundamentally different from the eidus required elsewhere. In gen- eral, the requirement of eidus is just to verify that the event actually took place. However, in regard to the eidus for kiddushin and git- tin, the witnesses are necessary to make the kiddushin and gittin take place. Therefore, in other testimonies, anyone who witnessed the event is a potential witness and can invalidate the others. But when it comes to kiddushin and gittin, since the chosson and kallah must have in mind who they are designating to be witnesses, it is self-understood that they only want kosher witnesses, and the non-kosher witnesses are automatically not part of the testimony.
Once again, according to this reasoning, it is unnecessary to make any announcement, since the chosson and kallah only want ko- sher witnesses.
IN SUMMARY
Although there are many “non-kosher” eidim at a wedding, this is not an issue be- cause: 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 dif- ferent.
RABBI NACHUM SCHEINER
