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

  1. Prior to the enactment of the Cherem D'Rabbeinu Gershom, 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[4] and preventing men from marrying wives that they would not be able to support[5]. 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[6].
  2. It is prohibited for a man to marry a second woman, even in a situation where the first wife consents to the second marriage [7]
  3. There is a debate as to whether or not a woman would also be liable if she marries a man with another wife. In any event, such a proposition would, at the very least, be strongly inadvisable.

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, citing Rabbeinu Gershom. The Ritva also notes 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
  4. ↑ Darkei Moshe, Even HaEzer Siman 1:11, Mordechai on Kesuvos, Siman 291
  5. ↑ Shu"t Mishkenos Yaakov, Even HaEzer Siman 1, Shu"t Maharam Padova Siman 14
  6. ↑ Yevamos 37b
  7. ↑ Darkei Moshe, Even HaEzer, Siman 1, Os Ches
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