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Marrying More than One Wife: Difference between revisions
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→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 a valid halachic rationale to end the marriage in front of a reputable Beis Din.<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 a valid halachic rationale to end the marriage in front of a reputable Beis Din.<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 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 three different states or countries<ref>There are some who hold that the rabbis must come from three distinct geographical areas (Shu"t Chaim shel Shalom 2:102), and according to some, with distinct languages (Shu"t Beis Yitzchak 20). Ultimately, the common practice is to operate in 3 states, even if in the same country (Shu"t Chasam Sofer Even HaEzer 1:4, [https://www.yutorah.org/sidebar/lecture.cfm/739309/rabbi-ozer-glickman/heter-meah-rabbanim-the-use-and-abuse-of-halakhah/ Shiur] of R' Ozer Glickman zt"l to the Kollel Yom Rishon at Yeshiva University). </ref> must review the facts of the case and approve the ruling of the initiating Beis Din. This process is known as the Heter Me'ah Rabbanim (Permission of one hundred rabbis). | 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 three different states or countries<ref>There are some who hold that the rabbis must come from three distinct geographical areas (Shu"t Chaim shel Shalom 2:102), and according to some, with distinct languages (Shu"t Beis Yitzchak 20). Ultimately, the common practice is to operate in 3 states, even if in the same country (Shu"t Chasam Sofer Even HaEzer 1:4, [https://www.yutorah.org/sidebar/lecture.cfm/739309/rabbi-ozer-glickman/heter-meah-rabbanim-the-use-and-abuse-of-halakhah/ Shiur] of R' Ozer Glickman zt"l to the Kollel Yom Rishon at Yeshiva University). </ref> must review the facts of the case and approve the ruling of the initiating Beis Din. This process is known as the Heter Me'ah Rabbanim (Permission of one hundred rabbis). Many have offered reasons as to why the process needs to be as difficult and extensive as collecting the approval of one hundred rabbis. Some of them include so that the husband will not be too hasty to initiate the process and that it will give him a chance to reconsider what he is doing<ref>Shu"t Igros Moshe Even HaEzer 2</ref>. One hundred rabbis are used in the process so the proceedings will not be done secretly. Three states are used so one powerful rabbi can not pressure the others to sign it as the other rabbis will not be under his jurisdiction and influence.<ref>Shu"t Beis Yitzchak Even HaEzer 20</ref> | ||
<!--B'makom mitzvah/Circumstances under which we can use it, reasons for onerous process- Bach and R' Moshe--> | <!--B'makom mitzvah/Circumstances under which we can use it, reasons for onerous process- Bach and R' Moshe--> | ||
=Sources= | =Sources= | ||
<references /> | <references /> | ||
[[Category:Lifecycles]] | [[Category:Lifecycles]] | ||
[[Category:Marriage]] | [[Category:Marriage]] | ||
