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>. | #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> | ||
| Line 53: | Line 53: | ||
There are a number of circumstances under which a Heter Me'ah Rabbanim may be issued in the event a wife would refuse to divorce her husband: | There are a number of circumstances under which a Heter Me'ah Rabbanim may be issued in the event a wife would refuse to divorce her husband: | ||
#The woman has become mentally incapacitated or clinically insane and is unlikely to recover. In such cases, even if the heter is approved, the husband is still financially responsible for his first wife's care, even after the marriage has been terminated<ref>Bach, Even HaEzer Siman 119</ref>. | #The woman has become mentally incapacitated or clinically insane and is unlikely to recover. In such cases, even if the heter is approved, the husband is still financially responsible for his first wife's care, even after the marriage has been terminated<ref>Bach, Even HaEzer Siman 119:7</ref>. | ||
#In cases where the marriage is preventing other mitzvos from being performed (e.g. not having children because the marriage has been incapable of producing any for over 10 years) | #In cases where the marriage is preventing other mitzvos from being performed (e.g. not having children because the marriage has been incapable of producing any for over 10 years) | ||
#Where there is a mitzvah for the couple to divorce (e.g. if the marriage was prohibited according to halacha but they married anyway)<ref>Even though one does not technically have to obtain a heter according to strict halacha, the minhag is to obtain one anyhow. (Shu"t Chasam Sofer Even HaEzer 1:3) C</ref> | #Where there is a mitzvah for the couple to divorce (e.g. if the marriage was prohibited according to halacha but they married anyway)<ref>Even though one does not technically have to obtain a heter according to strict halacha, the minhag is to obtain one anyhow. (Shu"t Chasam Sofer Even HaEzer 1:3) C</ref> | ||
#If | #If there is a mitzvah to divorce one's wife (e.g. if she refuses to follow fundamental religious practices or verbally abuses, berates or embarrasses her husband in an extreme fashion).<ref>Beis Shmuel and Chelkas Mechokek, Even HaEzer 119:4. See also Shu"t Minchas Asher 2:77, Yevamos 63b.</ref> | ||
=One Last Thought= | =One Last Thought= | ||
