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Marrying More than One Wife: Difference between revisions
From Halachipedia
→Not Marrying More than One Wife
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The following are the three most important components of the Cherem D’Rabbeinu Gershom: | The following are the three most important components of the Cherem D’Rabbeinu Gershom: | ||
#If a man is already married, he is prohibited from marrying any additional women.<ref>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 | #If a man is already married, he is prohibited from marrying any additional women.<ref>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.</ref> | ||
#A man is prohibited from divorcing his wife against her will | #A man is prohibited from divorcing his wife against her will | ||
#One is prohibited from reading other people’s mail without permission | #One is prohibited from reading other people’s mail without permission | ||
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=Not Marrying More than One Wife= | =Not Marrying More than One Wife= | ||
#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.<ref>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.</ref> A number of reasons have been provided for its enactment including preventing abusive and womanizing husbands from mistreating their wives<ref>Shu"t MaHarik Shoresh 101</ref>, preventing marital fights<ref>Darkei Moshe, Even HaEzer Siman 1:11, Mordechai on Kesuvos, Siman 291</ref> and preventing men from marrying wives that they would not be able to support<ref>Shu"t Mishkenos Yaakov, Even HaEzer Siman 1, Shu"t Maharam Padova Siman 14</ref>. 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<ref>Yevamos 37b</ref>. | #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.<ref>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.</ref> A number of reasons have been provided for its enactment including preventing abusive and womanizing husbands from mistreating their wives<ref>Shu"t MaHarik Shoresh 101</ref>, preventing marital fights<ref>Darkei Moshe, Even HaEzer Siman 1:11, Mordechai on Kesuvos, Siman 291</ref> and preventing men from marrying wives that they would not be able to support<ref>Shu"t Mishkenos Yaakov, Even HaEzer Siman 1, Shu"t Maharam Padova Siman 14</ref>. 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<ref>Yevamos 37b</ref>. | ||
#It is prohibited for a man to marry a second woman, even in a situation where the first wife consents to the second marriage <ref>Darkei Moshe, Even HaEzer, Siman 1, Os Ches </ref> | #It is prohibited for a man to marry a second woman, even in a situation where the first wife consents to the second marriage <ref>Darkei Moshe, Even HaEzer, Siman 1, Os Ches </ref> | ||
#There is a debate as to whether or not a woman would also be liable if she marries a man with another wife. | #There is a debate as to whether or not a woman would also be liable if she marries a man with another wife. Even those who would not hold the woman culpable if she were to enter such a marriage<ref>Be'air Heitev, Even HaEzer, Siman 1, Seif Katan 20</ref> still maintain that it would be extremely ill advised to actually do so and any efforts, by a Beis Din or otherwise, to deter such behavior should be encouraged<ref>Shu"t Shoel U'Maishiv, Vol. 1:114</ref>. | ||
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