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Marrying More than One Wife: Difference between revisions
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→Acceptance and other Parameters
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=For How Long is the Cherem D'Rabbeinu Gershom in Effect?= | =For How Long is the Cherem D'Rabbeinu Gershom in Effect?= | ||
There are | There are two main 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>Shu"t Beis Yosef, Dinei Ketuvos 14. 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, Even HaEzer1:8:8</ref> | #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>Shu"t Beis Yosef, Dinei Ketuvos 14. 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, Even HaEzer1:8:8</ref> | ||
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'''On What Level is the Cherem D'Rabbeinu Gershom Binding?''' | '''On What Level is the Cherem D'Rabbeinu Gershom Binding?''' | ||
There are | There are several opinions on this issue. | ||
# Because of its universal acceptance, the Cherem is binding on a level of Divrei Torah, even according to those who hold that the Cherem is only enforced after 1239 CE as a result of minhag.<ref>Shu"t MaHarik, Shoresh 184. Shu"t Mabit 2:16. Shu"t Beis Yosef (Dinei Ketuvos Siman 14) is of the opinion that the Cherem D'Rabbeinu is binding on a level of Divrei Torah, even if it is only a minhag in the present day.</ref> As such, any Halachic doubts dealing with this subject should be treated stringently.<ref>Shu"t Chasam Sofer Even HaEzer 1:2</ref> | #Because of its universal acceptance, the Cherem is binding on a level of Divrei Torah, even according to those who hold that the Cherem is only enforced after 1239 CE as a result of minhag.<ref>Shu"t MaHarik, Shoresh 184. Shu"t Mabit 2:16. Shu"t Beis Yosef (Dinei Ketuvos Siman 14) is of the opinion that the Cherem D'Rabbeinu is binding on a level of Divrei Torah, even if it is only a minhag in the present day.</ref> As such, any Halachic doubts dealing with this subject should be treated stringently.<ref>Shu"t Chasam Sofer Even HaEzer 1:2</ref> | ||
# Others are of the opinion that the Cherem D'Rabbeinu Gershom is Divrei Kabbalah<ref>Shu"t Nodeh B'Yehuda Tinyana Yoreh De'ah 146, Shu"t Avnei Nezer Even HaEzer 8.</ref> or equivalent to a Takanah established by the Chachmei HaGemara (Sages of the Talmud)<ref>Shu"t Mahari Mintz, Siman 10</ref>. | #Others are of the opinion that the Cherem D'Rabbeinu Gershom is Divrei Kabbalah<ref>Shu"t Nodeh B'Yehuda Tinyana Yoreh De'ah 146, Shu"t Avnei Nezer Even HaEzer 8.</ref> or equivalent to a Takanah established by the Chachmei HaGemara (Sages of the Talmud)<ref>Shu"t Mahari Mintz, Siman 10</ref>. | ||
# | #Others posit that the Cherem is only Rabbinic in nature (or slightly less than Rabbinic), and thus, one is able to be lenient in cases of doubt. <ref>Darkei Moshe (quoting the Maharil), Even HaEzer Siman 1:10. Shu"t Nodeh B'Yehuda Kamma Even HaEzer 33. The Nodeh B'Yehuda adds that even if the Cherem was instituted on a Torah level, it would still be Rabbinic today since the Cherem was meant to last until 1239 CE</ref> | ||
#Finally, there are some who distinguish between the two main halves of the Cherem, with the prohibition of a forcibly divorcing being more stringent than that of polygamy.<ref>Shu"t Nodeh B'Yehuda Kamma Even HaEzer 87. This is contrast to Tinyana Yoreh De'ah 146 where this distinction is not made. To resolve the contradiction, a distinction is made between those who originally accepted the Cherem personally and those who were born after them.</ref> | |||
=Contemporary Relevance: Heter Me'ah Rabbanim= | =Contemporary Relevance: Heter Me'ah Rabbanim= | ||
