279
edits
Marrying More than One Wife: Difference between revisions
From Halachipedia
→Contemporary Relevance: Heter Me'ah Rabbanim
| Line 47: | Line 47: | ||
=Contemporary Relevance: Heter Me'ah Rabbanim= | =Contemporary Relevance: Heter Me'ah Rabbanim= | ||
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, causing him to be married to her indefinitely despite his wish to divorce. | 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, 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. | 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. | ||
| Line 57: | Line 57: | ||
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> | 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 would be a mitzvah to divorce one's wife (e.g. if she refuses to follow fundamental religious practices, or if the marriage was originally prohibited by halacha) or to marry a different woman (e.g. if the husband wants to remarry after 10 years so he can have children, yibum etc.).<ref>Shu"t Minchas Asher 2:77</ref> | #If there would be a mitzvah to divorce one's wife (e.g. if she refuses to follow fundamental religious practices, or if the marriage was originally prohibited by halacha) or to marry a different woman (e.g. if the husband wants to remarry after 10 years so he can have children, yibum etc.).<ref>Shu"t Minchas Asher 2:77</ref> | ||
#If a wife refuses to have marital relations her husband for an extended period<ref>Shu"t Chasam Sofer 2:167</ref> or disappears | #If a wife refuses to have marital relations her husband for an extended period<ref>Shu"t Chasam Sofer 2:167</ref> or disappears as these may halachically describe her as a "moredes" (rebellious spouse)<ref>Encyclopedia Talmudit, Vol. 17, "Cherem D'Rabbeinu Gershom", section 13. </ref>. | ||
#If a wife verbally abuses, berates or embarrasses her husband in an extreme fashion to cause him pain and anguish.<ref>Beis Shmuel Even HaEzer 119 Seif Katan 5 and Chelkas Mechokek Seif Katan 4 . See also Shu"t Minchas Asher 2:77, Yevamos 63b.</ref> | #If a wife verbally abuses, berates or embarrasses her husband in an extreme fashion to cause him pain and anguish.<ref>Beis Shmuel Even HaEzer 119 Seif Katan 5 and Chelkas Mechokek Seif Katan 4 . See also Shu"t Minchas Asher 2:77, Yevamos 63b.</ref> | ||
#Others include the husband's potential to sin (inappropriate thoughts or actions) due to deprivation of marital relations as an additional reason to provide the Heter, provided it is in combination with other mitigating factors. <ref>Shu"t Nodeh B'Yehuda Tinyana, Even HaEzer 6. See also Shu"t Minchas Asher 1:71.</ref> | #Others include the husband's potential to sin (inappropriate thoughts or actions) due to deprivation of marital relations as an additional reason to provide the Heter, provided it is in combination with other mitigating factors. <ref>Shu"t Nodeh B'Yehuda Tinyana, Even HaEzer 6. See also Shu"t Minchas Asher 1:71.</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). | ||
In contemporary times, a marriage will not be dissolved unless a legitimate Heter Me'ah Rabbanim is granted. This is true even if according to strict halacha, a heter is not needed or if only possibly needed.<ref>Beis Shmuel (quoting the Bach), Even HaEzer 1:10 Seif Katan 23</ref> | |||
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> | 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> | ||
The Heter Me'ah Rabbanim process is one that is still | The Heter Me'ah Rabbanim process is one that is still used to this day. Thanks to modern technology and communication methods, it is easier today than ever before to complete the process of Heter Me'ah Rabbanim. With this said, such a process must be conducted with the help of reputable authorities and through the protocols mentioned above. If not, a system that is used to prevent the abuse of husbands can used to equally abusive wives, an outcome just as unfair and horrific. | ||
=One Last Thought= | =One Last Thought= | ||
