279
edits
Marrying More than One Wife: Difference between revisions
From Halachipedia
→Acceptance and other Parameters
| Line 43: | Line 43: | ||
#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 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 originally meant to last until 1239 CE</ref>. This the accepted | #Others posit that the Cherem is only Rabbinic in nature 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 originally meant to last until 1239 CE</ref>. '''This is the accepted opinion according to most poskim''' <ref>Shu"t Minchas Asher 2:77 </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> | #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> | ||
