Marrying More than One Wife: Difference between revisions

#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> and 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 bona fide 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<ref>Shu"t Ein Yitzchak, [https://www.sefaria.org/Shulchan_Arukh,_Even_HaEzer.4.20?lang=he-en&utm_source=sef_linker Even HaEzer 4:20]. The Chasam Sofer (Shu"t Chasam Sofer E"H 1:3) also believes this segment of the Cherem D'Rabbeinu Gershom is a siyag for the reason that is brought by Shu"t Maharik- to prevent spousal abuse and divorce for frivolous reasons</ref>.  Finally, some point out that these two segments of the Cherem (not marrying more than one wife and not forcibly divorcing a woman) had to be established together, lest a husband threaten to marry another woman, a deed that would cause his wife to become an Agunah<ref>Shu"t Shoel U'Maishiv, 1st Edition, 1:178</ref>.

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, E"H 1:8:8</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 subject of the Cherem D'Rabbeinu Gershom are still applicable today and that the original Takanah never specified a time limit in its text.</ref> and such a notion that the Cherem was only meant to last until 1239 should not be relied upon for determining halacha.<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 repealing only possible via a similar Beis Din in number and stature<ref>Yam Shel Shlomo, ibid.</ref>.