Marrying More than One Wife: Difference between revisions

#Reasons for the Cherem included to prevent abusive and womanizing husbands from abusing their wives and divorcing them for frivolous reasons<ref>Shu"t MaHarik ibid.</ref> and to equate a woman's power in terms of a divorce to that of a man so women can not be degraded by forced divorces<ref>Shu"t HaRosh Klal 42:1</ref>. Others are of the opinion that the Cherem is a bona fide siyag (protective fence) to the Torah- one should not forcibly divorce his wife, even if by strict halacha he would be justified to do so (eirvas davar), lest someone seek to forcibly divorce his wife for a reason that is not valid<ref>Shu"t Ein Yitzchak, [https://www.sefaria.org/Shulchan_Arukh,_Even_HaEzer.4.20?lang=he-en&utm_source=sef_linker Even HaEzer 4:20]. The Chasam Sofer (Shu"t Chasam Sofer E"H 1:3) also believes this segment of the Cherem D'Rabbeinu Gershom is a siyag for the reason that is brought by Shu"t Maharik- to prevent spousal abuse and divorce for frivolous reasons</ref>.  Finally, some point out that these two segments of the Cherem (not marrying more than one wife and not forcibly divorcing a woman) had to be established together, lest a husband threaten to marry another woman, a deed that would cause his wife to become an Agunah<ref>Shu"t Shoel U'Maishiv, 1st Edition, 1:178</ref>.

#The first of them is that after the Cherem D'Rabbeinu Gershom went into effect approximately 1000 CE, it was meant to be in effect until the end of the fifth millennium of the Jewish calendar, which translates to the fall of 1239 CE.<ref>Beis Yosef, Even HaEzer 1:9, quoting the Teshuvos HaRashba found in Shu"t MaHarik, Shoresh 101</ref> According to this position, the bans (without the curse placed on the violators) are extended to this day as a matter of custom.<ref>Shu"t Beis Yosef, Dinei Ketuvos 14. Darchei Moshe, Even HaEzer 1:9.</ref> This view maintains that Rabbeinu Gershom did not had the power to extend it himself indefinitely, as this is a Takanah (rabbinic decree) and extending it indefinitely would constitute a violation of Ba'al Tosif (unauthorized adding to the Torah).<ref>Pischei Teshuva, Even HaEzer 1, Seif Katan 19. Shu"t Avnei Nezer, Even HaEzer1:8:8</ref> Nonetheless, the generations thereafter extended it, keeping it in effect.

#The other major opinion is that the Cherem D'Rabbeinu Gershom was meant to be in effect indefinitely. This position maintains that the practice to forbid polygamy because of the Cherem D'Rabbeinu Gershom continued well beyond 1239 CE<ref>Yam Shel Shlomo on Yevamos, 6:41 who states that the Or Zaruah, Mordechai and Sma"k were of this opinion as well. Additional reasons he posits are that the the substance of the Cherem D'Rabbeinu Gershom is still applicable today and that the original Takanah never specified a time limit in its text.</ref> and that the argument that the Cherem D'Rabneinu Gershom was only meant to last until 1239 CE anyhow is not sufficient to establish the halacha accordingly.<ref>Shu"t Chacham Tzvi 124</ref> Others claim that the Cherem D'Rabbeinu Gershom acts as a Beis Din, an institution that has the power to obligate its subjects and their decedents to its decrees with repeal only possible via a similar Beis Din of number and stature<ref>Yam Shel Shlomo, ibid.</ref>.

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=Acceptance and other Parameters=

#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>.

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). 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 1:2</ref>. One hundred rabbis are used in the process so the proceedings will not be done secretly<ref>Bach Even Hzezer 1, S.V. U'"medina".</ref>. 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>

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