Responsa for Niddah 96:22
ר"ש אומר
women examine them. And a woman may be relied upon when by her evidence the law is restricted but not when it is relaxed thereby. How so? [She may be relied upon when she states: 'The girl] is of age', so that the latter should thereby be denied the right of <i>mi'un</i>, or 'She is a minor', so that she should thereby be denied the right of performing <i>halizah</i>; but she is not trusted when asserting, 'She is a minor', so that she should have the right of exercising <i>mi'un</i>, or 'She is of age', so that she should be entitled to perform <i>halizah</i>.
Teshuvot Maharam
Q. A minor orphan girl was betrothed to A. She wants to exercise the right of "Refusal" (סירוב). May the testimony of female witnesses be accepted that the girl is only eleven years old and, therefore, may still exercise the right of "Refusal"?
A. The mere ceremony of betrothal, without cohabitation, is binding only because of Rabbinic enactment, but is not binding according to Biblical law. The testimony of women is acceptable in the annulment of a marriage that is valid only according to Rabbinic enactment. Therefore, since A did not cohabit with the orphan, the testimony of the female witnesses is to be admitted in evidence.
SOURCES: Cr. 286; Pr. 569; L. 389; Mord. Yeb. 60, 61; Tesh. Maim. to Nashim, 14.
A. The mere ceremony of betrothal, without cohabitation, is binding only because of Rabbinic enactment, but is not binding according to Biblical law. The testimony of women is acceptable in the annulment of a marriage that is valid only according to Rabbinic enactment. Therefore, since A did not cohabit with the orphan, the testimony of the female witnesses is to be admitted in evidence.
SOURCES: Cr. 286; Pr. 569; L. 389; Mord. Yeb. 60, 61; Tesh. Maim. to Nashim, 14.
Ask RabbiBookmarkShareCopy
Teshuvot Maharam
Q. A minor orphan girl was betrothed to A. She wants to exercise the right of "Refusal" (סירוב). May the testimony of female witnesses be accepted that the girl is only eleven years old and, therefore, may still exercise the right of "Refusal"?
A. The mere ceremony of betrothal, without cohabitation, is binding only because of Rabbinic enactment, but is not binding according to Biblical law. The testimony of women is acceptable in the annulment of a marriage that is valid only according to Rabbinic enactment. Therefore, since A did not cohabit with the orphan, the testimony of the female witnesses is to be admitted in evidence.
SOURCES: Cr. 286; Pr. 569; L. 389; Mord. Yeb. 60, 61; Tesh. Maim. to Nashim, 14.
A. The mere ceremony of betrothal, without cohabitation, is binding only because of Rabbinic enactment, but is not binding according to Biblical law. The testimony of women is acceptable in the annulment of a marriage that is valid only according to Rabbinic enactment. Therefore, since A did not cohabit with the orphan, the testimony of the female witnesses is to be admitted in evidence.
SOURCES: Cr. 286; Pr. 569; L. 389; Mord. Yeb. 60, 61; Tesh. Maim. to Nashim, 14.
Ask RabbiBookmarkShareCopy
Teshuvot Maharam
Q. A minor orphan girl was betrothed to A. She wants to exercise the right of "Refusal" (סירוב). May the testimony of female witnesses be accepted that the girl is only eleven years old and, therefore, may still exercise the right of "Refusal"?
A. The mere ceremony of betrothal, without cohabitation, is binding only because of Rabbinic enactment, but is not binding according to Biblical law. The testimony of women is acceptable in the annulment of a marriage that is valid only according to Rabbinic enactment. Therefore, since A did not cohabit with the orphan, the testimony of the female witnesses is to be admitted in evidence.
SOURCES: Cr. 286; Pr. 569; L. 389; Mord. Yeb. 60, 61; Tesh. Maim. to Nashim, 14.
A. The mere ceremony of betrothal, without cohabitation, is binding only because of Rabbinic enactment, but is not binding according to Biblical law. The testimony of women is acceptable in the annulment of a marriage that is valid only according to Rabbinic enactment. Therefore, since A did not cohabit with the orphan, the testimony of the female witnesses is to be admitted in evidence.
SOURCES: Cr. 286; Pr. 569; L. 389; Mord. Yeb. 60, 61; Tesh. Maim. to Nashim, 14.
Ask RabbiBookmarkShareCopy