Witnesses of Kiddushin who did not see the bride's face during Kiddushin

This question and answer were automatically translated using our trained AI and have not yet been reviewed by a qualified rabbi. Please treat this translation with caution.
go to original →

Question

Witnesses of Kiddushin who did not look at the bride and did not actually see the bride's face during the Kiddushin, does this invalidate the ceremony?

Answer

This does not invalidate the ceremony.

Source

The Rema writes in Even HaEzer, Siman 42, Sif 4: "One who betroths through a hole in the wall, such as when someone extends a hand through the hole and another gives her Kiddushin, and the hole is narrow and it is impossible to see her during Kiddushin, and she says she did not hear that she was betrothed, she is believed because she could say it was not her hand but another's (Rashba, 179), provided there are no witnesses contradicting her.

The Chelkat Mechokek writes in Siman 42, S"K 9: "It implies that if she admits she heard and accepted Kiddushin, it is valid even if the hole is narrow, and it is impossible to see her, and she did not see the witnesses, nevertheless, if she claims she knew there were witnesses there and heard their voice before she was given Kiddushin, and the witnesses saw her before Kiddushin and during Kiddushin heard the voice, it is considered as seeing, since witnesses of seclusion are like witnesses of intimacy even if they did not see the actual intimacy."

See Tosafot, Gittin, page 23, d.h. "mimi", where it is written, and perhaps there is a distinction.

Comments

Have an additional question on this topic or need clarification? Leave your comment below. (Please note that the comment will not be published but will be sent directly to the answering Rabbi for review and a private response)

Please sign up or log in to submit your comment

Become our patrners in supporting and spreading the Torah
Help us answer more questions faster and better
Join the mission