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Marrying More than One Wife: Difference between revisions
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=Introduction= | =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 Cherem D’Rabbeinu Gershom (excommunicable decrees of Rabbi 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: | The following are the three most important components of the Cherem D’Rabbeinu Gershom: | ||
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=Not Divorcing a Woman Against Her Will= | =Not Divorcing a Woman Against Her Will= | ||
#Prior to the enactment of the Cherem D'Rabbeinu Gershom, a woman could be divorced regardless of whether or not she consented <ref>Yevamos 112b, Rambam Hilchos Geirushin 1:2, Tur Even HaEzer 119:6</ref> and whether or not her husband could pay for her Ketubah/financial needs after the divorce<ref>Though she would have the right to sue her ex-husband in Beis Din afterwards for the money owed to her. Rama, Even HaEzer 119:6 </ref>. After the Cherem D'Rabbeinu Gershom was put into place it, became prohibited for a man to divorce his wife without her knowledge, even if he could pay the amount of her Ketubah<ref>Rama, Even HaEzer 119:6, citing the Teshuvos HaRosh.</ref>. | #Prior to the enactment of the Cherem D'Rabbeinu Gershom, a woman could be divorced regardless of whether or not she consented <ref>Yevamos 112b, Rambam Hilchos Geirushin 1:2, Tur Even HaEzer 119:6</ref> and whether or not her husband could pay for her Ketubah/financial needs after the divorce<ref>Though she would have the right to sue her ex-husband in Beis Din afterwards for the money owed to her. Rama, Even HaEzer 119:6 </ref>. After the Cherem D'Rabbeinu Gershom was put into place it, became prohibited for a man to divorce his wife without her knowledge, even if he could pay the amount of her Ketubah<ref>Rama, Even HaEzer 119:6, citing the Teshuvos HaRosh.</ref>. | ||
#Reasons for the Cherem included to prevent abusive and womanizing husbands from abusing their wives and divorcing them for frivolous reasons<ref>Shu"t MaHarik ibid.</ref>, to equate a woman's power in terms of a divorce to that of a man so women can not be degraded by forced divorces<ref>Shu"t HaRosh Klal 42:1</ref>. Others are of the opinion that the Cherem is a siyag (protective fence) to the Torah- one should not forcibly divorce his wife, even if by strict halacha he would be justified to do so (eirvas davar), lest someone seek to forcibly divorce his wife for a reason that is not valid. | #Reasons for the Cherem included to prevent abusive and womanizing husbands from abusing their wives and divorcing them for frivolous reasons<ref>Shu"t MaHarik ibid.</ref>, to equate a woman's power in terms of a divorce to that of a man so women can not be degraded by forced divorces<ref>Shu"t HaRosh Klal 42:1</ref>. Others are of the opinion that the Cherem is a siyag (protective fence) to the Torah- one should not forcibly divorce his wife, even if by strict halacha he would be justified to do so (eirvas davar), lest someone seek to forcibly divorce his wife for a reason that is not valid. | ||
