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ments that the best solution for a girl who has been seduced is that
her seducer should marry her for he thereby rectifies her situation.
A Staged Marriage, Rendered Null in Advance
by Designating Invalid Witnesses
Regarding a person who wants to stage a marriage in order to deceive
the woman, his intention being to designate invalid witnesses in order
to later nullify the marriage by showing that the witnesses were inval-
id – according to that which the Rema states (Even Ha’ezer 42:4) it is
clear that he instead of deceiving others this groom is really deceiving
himself and the marriage bond has taken full effect through being
witnessed by other witnesses who were present at the ceremony. The
Rema writes: “Even if he designated [specific] witnesses, others who
witnessed the incident can testify.” The Pis’chei Teshuvah (ibid., 11)
cites a case mentioned by the Chasam Sofer where witnesses were
designated and it then became known that one of them was a relative
[of the bride and as such was disqualified from testifying] and the
Chasam Sofer ruled that it is clearer even than the most straightfor-
ward ruling possible that the marriage bond is valid, see there. The
Chasam Sofer writes in conclusion, “Even without this, it seems to
me that any testimony regarding something that is generally known
to have taken place does not require the laws of testimony and will
not be invalidated by having been witnessed by relatives or invalid
witness etc.” See also the Beis Shmuel (ibid., 8) who writes, “I then
saw that according to the Rosh’s opinion this is unnecessary but even
though [when] they intended to testify and have already testified we
hold that the testimony is null and void, that only relates to beis din’s
inability to rule on the basis of that testimony. Here however, at the
moment when the marriage bond was contracted their testimony was
not yet null, so the marriage bond is valid etc. see there.”
344 1 Medical-Halachic Responsa of Rav Zilberstein
