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Can consummation validate a one-witness Kiddushin?

Halacha states, something like: "When a man consecrates a woman in the presence of a single witness, the kiddushin is not binding."

But Halacha also says, something like, "If a man consecrates a woman through sexual relations (no matter how much such action is frowned upon) ... the kiddushin is binding."

My question: is the second statement a Halacha loophole against the first one; that is / or, if a-man-and-a-woman so unfortunately have only one witness, then should they go ahead and have sex (or consummate), in order to have a binding kiddushin?

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    If the consummation effects a binding kiddushin then isn't that validating a NO witness kiddushin and obviating the testimony of any 1 witness? – rosends Aug 15 '17 at 11:29
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    don't forget, for the consummation to be binding you need two witnesses to see them seclude themselves... – Orangesandlemons Aug 15 '17 at 12:02
  • Why do you think consecration through relations is different than kiddushin with one witness? Consecration is just a translation of kiddushin, which you pointed out doesn't work without two witnesses. – robev Aug 15 '17 at 14:03
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Can consummation validate a one-witness Kiddushin?

If it is done in the correct way, i.e. he says to her in front of 2 kosher witnesses התקדשי לי בביאה זו and then immediately secludes himself with her. (As per Rashi on בכסף ובשטר in Kidushin 2b who says ביאה- בא עליה ואמר התקדשי לי בביאה זו.‏)

But then he may as well give her the ring again (after she gives it back to him) and redo the Kidushin properly in front of 2 kosher witnesses.

My (second) question: is the second statement a Halacha loophole against the first one; that is / or, if a-man-and-a-woman so, unfortunately, have only one witness, then should they go ahead and have sex (or consummate), in order to have a binding kiddushin?

Nope. Wouldn't help.

  • I'm not sure I'd call Kiddushei Biah "consummation" since after it is done they still need Nisuin to be fully married. – Double AA Aug 15 '17 at 13:36

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