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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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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> There are a number of circumstances under which permission may be granted, including: | 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> There are a number of circumstances under which permission may be granted, including: | ||
#If the woman has become mentally incapacitated or clinically insane and is unlikely to recover.<ref> | #If the woman has become mentally incapacitated or clinically insane and is unlikely to recover.<ref>Bach, Even HaEzer 1:9, "U'medina". | ||
The Bach later on states that 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. See his comments on Even HaEzer Siman 119:7</ref> | |||
#If there is a mitzvah to divorce one's wife (e.g. if she refuses to follow fundamental religious practices | #If there is a mitzvah to divorce one's wife (e.g. if she refuses to follow fundamental religious practices, the husband wants to remarry after 10 years without being able to have children etc.).<ref>Bach ibid. The minhag is to still require a Heter Me'ah Rabbanim, even when there is a mitzvah to divorce and marry another woman</ref> | ||
#If a wife 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> | |||
# | # | ||
For the heter to be granted and allow him to remarry another woman, 100 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 three countries or in three states within the United States (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). | For the heter to be granted and allow him to remarry another woman, 100 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 three countries or in three states within the United States (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 of Heter Me'ah Rabbanim needs to be so difficult and extensive. 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 1:2</ref>. 100 rabbis are used in the process so the proceedings will not be done secretly<ref>Bach Even | Many have offered reasons as to why the process of Heter Me'ah Rabbanim needs to be so difficult and extensive. 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 1:2</ref>. 100 rabbis are used in the process so the proceedings will not be done secretly<ref>Bach Even HaEzer 1, "U'medina".</ref>. Three states are used so that one powerful rabbi in the initiating location can not pressure 99 rabbis under his jurisdiction and influence to approve the Heter, preventing the potential for corruption in the process.<ref>Shu"t Beis Yitzchak Even HaEzer 20</ref> | ||
=One Last Thought= | =One Last Thought= | ||
