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Marrying More than One Wife: Difference between revisions
From Halachipedia
→Contemporary Relevance: Heter Me'ah Rabbanim
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While the Cherem D'Rabbeinu Gershom did much to safeguard a wife from mistreatment from her husband, the very same provisions, if no mechanism is provided to prevent it, could cause a wife to have the ability to abuse her husband by never accepting a Get issued to her, causing him to be married to her indefinitely despite his wish to divorce. To prevent this, a mechanism is included within the Cherem D'Rabbeinu Gershom that a husband can divorce his wife, even without her consent, should he present in front of a Beis Din a valid halachic rationale to end the marriage.<ref>Shu"t Maharam M'Rutenberg 4:153. | While the Cherem D'Rabbeinu Gershom did much to safeguard a wife from mistreatment from her husband, the very same provisions, if no mechanism is provided to prevent it, could cause a wife to have the ability to abuse her husband by never accepting a Get issued to her, causing him to be married to her indefinitely despite his wish to divorce. To prevent this, a mechanism is included within the Cherem D'Rabbeinu Gershom that a husband can divorce his wife, even without her consent, should he present in front of a Beis Din a valid halachic rationale to end the marriage.<ref>Shu"t Maharam M'Rutenberg 4:153. | ||
There is a question of who created the Heter Me'ah Rabbanim. Some are of the opinion Rabbeinu Gershom himself included the Heter as he made | There is a question of who created the Heter Me'ah Rabbanim. Some are of the opinion Rabbeinu Gershom himself included the Heter as he made the Cherem (Hagos Mordechai Yevamos 108), while others are of the opinion that a Beis Din after him made the heter (Shu"t Tzemach Tzeddek 67). </ref> To fully dissolve the marriage and allow him to remarry another woman, one hundred rabbis<ref>There is a question as to what stature is required of the Rabbis who are signing the Heter. The popular opinion is that each of them should be "Re'uyim L'hora'ah (Shu"t Nodeh B'Yehuda Kamma, Even HaEzer 3). With that said, considering it is past 1239 CE, if it is not possible to have one hundred rabbis of that stature, those of a lesser stature can be used, assuming they are aware of the halachos of the Heter/Cherem and know what they are signing (Shu"t Ginas Veradim Vol. 2, 1:10 as quoted by Rav Asher Weiss (Shu"t Minchas Asher, 2:77)).</ref> from at least 3 different states or countries<ref>There are some who hold that the rabbis must come from three distinct geographical areas, and according to some, with distinct languages. </ref> must review the facts of the case and approve the ruling to halachically end the marriage. This process is known as the Heter Me'ah Rabbanim (Permission of one hundred rabbis).<!--B'makom mitzvah/Circumstances under which we can use it--> | ||
=Sources= | =Sources= | ||
