my rebbe he should be well, told over story of world famous story of the CLEAVER GET. y didnt the gedolim at the time use the rule of mekac taus that she didnt know he was a shaytah incompetent, some of the time to be mevatel the original kiddushin? please answer. yashar shekochah
dovid, brooklyn ny 11235
Since according to all accounts the man acted in a sane manner at the time of the Kidushin, the wife could not claim 'Mekach Ta'os.'
However, the Noda bi'Yehudah in his Teshuvah in defense of the Get (Sefer Or ha'Yashar p. 38a) considers the possibility that if we were to question his sanity at the time of the giving of the Get, we may just as well question his sanity at the time of the Kidushin. This will render the Kidushin invalid not because of Mekach Ta'os, but rather because a Shoteh cannot be Mekadesh.
D. Zupnik