• Democracy/Halacha Pamphlet
  • Orr Party
  • Talk Reason
  • Reference
  • Support Us
  • Newsletter
שפות
  • enEnglish
    • heעברית
    • ruРусский
    • yiYiddish
    • frFrançais
Daat Emet
  • Torah, Science & Ethics
    • Pamphlets
    • Scientific Errors in Torah
    • Religion & Ethics
    • Mitzvahs
    • HaDat Kamah al Yotzereihah
  • Torah & Talmud
    • Weekly Portion
    • Torah Text
    • Talmud Issues
    • Daily Peppers
  • Questions & Answers
  • Who We Are
    • About Daat Emet
    • Our Supporters
    • Support Us
  • Torah, Science & Ethics
    • Pamphlets
    • Scientific Errors in Torah
    • Religion & Ethics
    • Mitzvahs
    • HaDat Kamah al Yotzereihah
  • Torah & Talmud
    • Weekly Portion
    • Torah Text
    • Talmud Issues
    • Daily Peppers
  • Questions & Answers
  • Who We Are
    • About Daat Emet
    • Our Supporters
    • Support Us
Daat Emet
  • Torah, Science & Ethics
    • Pamphlets
    • Scientific Errors in Torah
    • Religion & Ethics
    • Mitzvahs
    • HaDat Kamah al Yotzereihah
  • Torah & Talmud
    • Weekly Portion
    • Torah Text
    • Talmud Issues
    • Daily Peppers
  • Questions & Answers
  • Who We Are
    • About Daat Emet
    • Our Supporters
    • Support Us
  • Torah, Science & Ethics
    • Pamphlets
    • Scientific Errors in Torah
    • Religion & Ethics
    • Mitzvahs
    • HaDat Kamah al Yotzereihah
  • Torah & Talmud
    • Weekly Portion
    • Torah Text
    • Talmud Issues
    • Daily Peppers
  • Questions & Answers
  • Who We Are
    • About Daat Emet
    • Our Supporters
    • Support Us
Do we suspect a man and his ex-wife who enter a hotel room in the presence of two witness mean to remarry?
Home » Daily Peppers
Yaron Yadan Yaron Yadan 01/10/2010
Do we suspect a man and his ex-wife who enter a hotel room in the presence of two witness mean to remarry?

The sages discussed the rule for a man who sanctifies a woman in marriage without two witnesses, in private, or in front of only one witness, According to one sage, Rav Yehuda, if one witness testifies that they were wed and one member of the couple denies it, the testimony of the witness is not accepted, but if the couple admit that they were wed in front of a single witness, sometimes they are considered married and sometimes not. Another sage, Shmuel, came out strongly with the opinion that they even if the couple admit that they were wed in front of a single witness they are not married, because in his opinion two witnesses are needed for the act of matrimony. The scholars asked: A divorced man who sleeps in a hotel room with his ex-wife — according to the study hall of Shammai we need not suspect they have remarried, and according to the study hall of Hillel we do, and therefore he must give her a second divorce. Their disagreement, the scholars understood, is a case in which only one witness was present in the hotel room and testified that they had sexual relations for the purposes of matrimony. This means that the study halls of Shammai and Hillel disagreed about a couple who were wed in the presence of only one witness. Answer: The divorced man and his ex-wife went into a hotel room alone and two witnesses saw them going in, but did not see what they did within. According to the study hall of Shammai we do not suppose that they had sexual relations for the purpose of matrimony, and according to the study hall of Hillel we do, so the man must divorce her a second time. The scholars went on to ask about two men who come from abroad with a woman and a suitcase. One of the men claims that the woman is his wife, the other man is his servant, and that the suitcase belongs to him. The second man claims the opposite, and the woman claims that both men are her servants and that the suitcase is hers. The sages ruled that she must obtain divorces from both men because we do not know to whom she is actually married. This must be, the scholars argue, a case in which there is only one witness. Answer: The woman, in this case, is not considered married and may marry another without obtaining the divorces. The reason the sages ruled she must obtain divorces from both men is so she may take part of the suitcase, which she claims is hers, as payment of her ketubah. In the end the scholars decided that marriage must take place in front of two witnesses, and if there was only one witness, though both parties agree they were wed, the marriage is not valid.
(Babylonian Talmud, Tractate Kiddushin 65a-b)

About the Author

Yaron Yadan

ירון ידען View all posts by Yaron Yadan

ירון ידען (נולד בטבריה ב-8 בדצמבר 1961) הוא פעיל חברתי ומייסד ארגון "דעת אמת" העומד בראש מפלגת אור.

Additional Peppers
A wig belonging to a female resident of a city whose majority has switched religions

A wig belonging to a female resident of a city whose majority has switched religions

How do we know that the sex act is acquisition in marriage?

How do we know that the sex act is acquisition in marriage?

On the Sabbath, should one use pottery or a stone to wipe the anus?

On the Sabbath, should one use pottery or a stone to wipe the anus?

How to check if a miscarried fetus is male or female

How to check if a miscarried fetus is male or female

Meat which fell from the heavens is permitted for eating

Meat which fell from the heavens is permitted for eating

The demons and spirits were born from Adam

The demons and spirits were born from Adam

Does one have to stand in honor of a rabbi who is riding an ass?

Does one have to stand in honor of a rabbi who is riding an ass?

daat-emet-logo-white-small-2להצטרפות לרשימת התפוצה   |   תמכו בנו

מייל: daatemet.org@gmail.com
כתובת: ת"ד 1019 קרית טבעון 36015
טלפון: 6106688 - 03

© 2016 כל הזכויות שמורות לדעת אמת.
Skip to content
Open toolbar

Accessibility Tools

  • Increase Text
  • Decrease Text
  • Grayscale
  • High Contrast
  • Negative Contrast
  • Light Background
  • Links Underline
  • Readable Font
  • Reset