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Marrying More than One Wife: Difference between revisions
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→For How Long is the Cherem D'Rabbeinu Gershom in Effect?
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#The first of them is that after the Cherem D'Rabbeinu Gershom went into effect in 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 first of them is that after the Cherem D'Rabbeinu Gershom went into effect in 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>. | #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, allowing it to be in place permanently<ref>Yam Shel Shlomo, ibid.</ref>. Those who are of this opinion do not believe the Cherem has an issue of Ba'al Tosif either since it was instituted as a siyag (like other Gezairos of Chazal)<ref>Shu"t Mishkenos Yaakov, Even HaEzer 1</ref>, or because it can be suspended in certain situations with the Heter Me'ah Rabbanim (see "Contemporary Relevance"). | ||
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=Acceptance and Other Parameters= | =Acceptance and Other Parameters= | ||
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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. | ||
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 (but not limited to): | ||
#If the woman has become mentally incapacitated or clinically insane and is unlikely to recover.<ref>Bach, Even HaEzer 1:9, "U'medina". | #If the woman has become mentally incapacitated or clinically insane and is unlikely to recover.<ref>Bach, Even HaEzer 1:9, "U'medina". | ||
