Marrying More than One Wife

From Halachipedia

Introduction

The Cherem D’Rabbeinu Gershom is a series of Rabbinic decrees enacted by Rabbeinu Gershom Me'or HaGolah ("Our teacher, Rabbi Gershom, light of the Diaspora", c.1000-1100 CE) for Ashkenazic communities. Its various components are aimed at maintaining civility between a husband and wife, and between a person and his or her fellow. While the original decrees were designed to be in effect for a limited amount of time and only in the Jewish communities of Europe, there has been much discussion throughout the centuries as to how long it should be in effect, where it should be in effect, and under what circumstances should it be enforced. All of these parameters will be discussed below.

The following are the three most important components of the Cherem D’Rabbeinu Gershom:

  1. If a man is already married, he is prohibited from marrying any additional women.[1]
  2. A man is prohibited from divorcing his wife against her will
  3. One is prohibited from reading other people’s mail without permission

Though the Cherem D’Rabbeinu Gershom has these components and others, this article will focus on the most impactful ones: the aspects that govern marriage and divorce.

Not Marrying More Than One Wife

Prior to the enactment of this degree, one was permitted to marry multiple wives, provided he was able to provide financially and emotionally for each of them.[2] A number of reasons have been provided for its enactment including preventing abusive and womanizing husbands from mistreating their wives[3], preventing marital fights and preventing men from marrying wives that they would not be able to support. Others include an additional reason of preventing a possible scenario where the son and daughter of one man (from two separate women) want to marry each other, a union prohibited according to Halacha.

Not Divorcing a Woman Against Her Will

Acceptance

Contemporary Relevance: Heter Me'ah Rabbanim

Sources

  1. ↑ Ritva on Yevamos 44a in the name of Tosfos. He notes that the Cherem D'Rabbeinu Gershom does not apply to a Yevama and that the Rambam, who lived in an area where this decree was not put into effect, did not place any such restrictions at all.
  2. ↑ Rambam Hilchos Ishus 14:3, Tur Even HaEzer 1:9 ruling like Rava on the Machlokes found on Yevamos 65a. Nonetheless at the end of the Siman, the Tur forbids anyone from marrying more than one woman in places where the Cherem D'Rabbeinu Gershom was put into effect.
  3. ↑ Shu"t MaHarik Shoresh 101
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