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Marrying More than One Wife: Difference between revisions
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There are a number of opinions on this issue. | There are a number of opinions on this issue. | ||
#The first of them is that after the Cherem D'Rabbeinu Gershom went into effect approximately 1000 CE, it was meant to be in effect until the end of the fifth millennium of the Jewish calendar, which translates to the fall of 1239 CE.<ref>Beis Yosef, Even HaEzer 1:9, quoting the Teshuvos HaRashba found in Shu"t MaHarik, Shoresh 101</ref> According to this position, the Cherem was extended beyond that point as a matter of custom.<ref>Darchei Moshe, Even HaEzer 1:9.</ref> This view maintains that Rabbeinu Gershom did not had the power to extend it himself indefinitely, as this is a Takanah (rabbinic decree) and extending it indefinitely would constitute a violation of Ba'al Tosif (unauthorized adding to the Torah).<ref>Pischei Teshuva, Even HaEzer 1, Seif Katan 19. Shu"t Avnei Nezer, Even HaEzer1:8:8</ref> | #The first of them is that after the Cherem D'Rabbeinu Gershom went into effect approximately 1000 CE, it was meant to be in effect until the end of the fifth millennium of the Jewish calendar, which translates to the fall of 1239 CE.<ref>Beis Yosef, Even HaEzer 1:9, quoting the Teshuvos HaRashba found in Shu"t MaHarik, Shoresh 101</ref> According to this position, the Cherem was extended beyond that point as a matter of custom.<ref>Shu"t Beis Yosef, Dinei Ketuvos 14. Darchei Moshe, Even HaEzer 1:9.</ref> This view maintains that Rabbeinu Gershom did not had the power to extend it himself indefinitely, as this is a Takanah (rabbinic decree) and extending it indefinitely would constitute a violation of Ba'al Tosif (unauthorized adding to the Torah).<ref>Pischei Teshuva, Even HaEzer 1, Seif Katan 19. Shu"t Avnei Nezer, Even HaEzer1:8:8</ref> | ||
#The other major opinion is that the Cherem D'Rabbeinu Gershom was meant to be in effect indefinitely. This position maintains that the practice to forbid polygamy because of the Cherem D'Rabbeinu Gershom continued well beyond 1239 CE<ref>Yam Shel Shlomo on Yevamos, 6:41 who states that the Or Zaruah, Mordechai and Sma"k were of this opinion as well. Additional reasons he posits are that the the substance of the Cherem D'Rabbeinu Gershom is still applicable today and that the original Takanah never specified a time limit in its text.</ref> and that the argument that the Cherem D'Rabneinu Gershom was only meant to last until 1239 CE anyhow is not sufficient to establish the halacha accordingly.<ref>Shu"t Chacham Tzvi 124</ref> Others claim that the Cherem D'Rabbeinu Gershom acts as a Beis Din, an institution that has the power to obligate its subjects and their decedents to its decrees with repeal only possible via a similar Beis Din of number and stature<ref>Yam Shel Shlomo, ibid.</ref>. | #The other major opinion is that the Cherem D'Rabbeinu Gershom was meant to be in effect indefinitely. This position maintains that the practice to forbid polygamy because of the Cherem D'Rabbeinu Gershom continued well beyond 1239 CE<ref>Yam Shel Shlomo on Yevamos, 6:41 who states that the Or Zaruah, Mordechai and Sma"k were of this opinion as well. Additional reasons he posits are that the the substance of the Cherem D'Rabbeinu Gershom is still applicable today and that the original Takanah never specified a time limit in its text.</ref> and that the argument that the Cherem D'Rabneinu Gershom was only meant to last until 1239 CE anyhow is not sufficient to establish the halacha accordingly.<ref>Shu"t Chacham Tzvi 124</ref> Others claim that the Cherem D'Rabbeinu Gershom acts as a Beis Din, an institution that has the power to obligate its subjects and their decedents to its decrees with repeal only possible via a similar Beis Din of number and stature<ref>Yam Shel Shlomo, ibid.</ref>. | ||
<!-- Footnote 77,79--> | <!-- Footnote 77,79--> | ||
=Acceptance and other Parameters= | =Acceptance and other Parameters= | ||
''' | '''Where is the Cherem D'Rabbeinu Gershom in Effect?''' | ||
Initially, the Cherem was issued only in European communities such as Germany, France<ref>Shu"t Radvaz 4:1165 cites both Ashkenaz and France</ref> and Poland<ref>Rama (who lived in Poland), Even HaEzer 1:10 ("B'chol medinos eliu")</ref>. | |||
<!--Locations,De'oraisa/D'Rabbanan--> | <!--Locations,De'oraisa/D'Rabbanan--> | ||
=Contemporary Relevance: Heter Me'ah Rabbanim= | =Contemporary Relevance: Heter Me'ah Rabbanim= | ||
