Marrying More than One Wife: Difference between revisions

Initially, the Cherem was issued only in European communities such as Germany, France<ref>Shu"t Radvaz 4:1165 cites both Ashkenaz and France</ref> and Poland<ref>Rama (who lived in Poland), Even HaEzer 1:10 ("B'chol medinos eliu")</ref> but not in the Sephardic communities<ref>Shu"t Beis Yosef Dinei Ketuvos 14. Shu"t HaRashba 3:446 mentions the same for Provence. For a longer list of opinions in support, see Shu"t Yabia Omer, Even HaEzer 5:1</ref>. However, in the last century, a ban on polygamy has been universally accepted throughout both Ashkenazic and Sephardic communities, albeit through different mechanisms. In Ashkenazi communities, unless it is known that a city did not have the custom to uphold the Cherem D'Rabbeinu Gershom, it is assumed that the Cherem is in effect by default.<ref>Rama (quoting the MaHari Mintz), Even HaEzer 1:10. Levush Even HaEzer 1:10.</ref> As such, in countries such as the United States and Australia where Jews were not present when the Cherem D'Rabbeinu Gershom was enacted, it is assumed that it is in effect there was well since the Jews in those countries are descendants of those who were originally in Europe.<ref>Aruch HaShulchan, Even HaEzer 1:23</ref> In Sephardic communities, such as those in Israel (where the Cherem D'Rabbeinu Gershom was never in effect), the popular contemporary custom is to include a shev'uah (Halachic swear) in the text of a Ketubah stating that the husband will provide for his wife and will not engage in polygamy or forcibly divorce his wife, similar elements as those stated in the Cherem D'Rabbeinu Gershom.<ref>Shulchan Aruch, Even HaEzer 1:11, 118:15. This has become the widespread minhag of the Sephardic world (See Shu"t Yabia Omer Vol. 7 Even HaEzer 2:3, Rav Shlomo Ammar in Shu"t Shema Shlomo 5: Even HaEzer 20) and of the Israeli Rabbinate at large. There are a number of Moroccan authorities that find including a bona fide shevuah within the Ketubah problematic or at least not in accordance with the Moroccan minhag. In those instances, a number of options may be recommended such as limiting the scope of the shevuah when presented to the chosson, verbally accepting the shevuah after the Ketubah is presented (without it being written), or the possibility that the Kallah takes the Ketubah as if a "Shevu'ah" was taken on it. </ref>