279
edits
Marrying More than One Wife: Difference between revisions
From Halachipedia
→Acceptance and other Parameters
| Line 2: | Line 2: | ||
The Cherem D’Rabbeinu Gershom (excommunicable decrees of Rabbi Gershom) is a series of Rabbinic decrees enacted by Rabbeinu Gershom Me'or HaGolah ("Our teacher, Rabbi Gershom, light of the Diaspora", c.1000 CE) for Ashkenazic communities. Its various components are aimed at maintaining civility between a husband and wife, and between a person and his or her fellow. While the original decrees were designed to be in effect for a limited amount of time and only in the Jewish communities of Europe, there has been much discussion throughout the centuries as to how long they should be in effect, where they should be in effect, and under what circumstances should they be enforced. All of these parameters will be discussed below. | The Cherem D’Rabbeinu Gershom (excommunicable decrees of Rabbi Gershom) is a series of Rabbinic decrees enacted by Rabbeinu Gershom Me'or HaGolah ("Our teacher, Rabbi Gershom, light of the Diaspora", c.1000 CE) for Ashkenazic communities. Its various components are aimed at maintaining civility between a husband and wife, and between a person and his or her fellow. While the original decrees were designed to be in effect for a limited amount of time and only in the Jewish communities of Europe, there has been much discussion throughout the centuries as to how long they should be in effect, where they should be in effect, and under what circumstances should they be enforced. All of these parameters will be discussed below. | ||
The following are the three most important components of the Cherem D’Rabbeinu Gershom: | The following are the three most important components of the Cherem D’Rabbeinu Gershom<ref>While a formal text containing all the aspects of the Cherem D'Rabbeinu Gershom does not seem to exist, there have been a number of references to it throughout the Gaonic and Rishonim eras. A partial, more expansive list can be found in the Be'er HaGolah towards the end of Yoreh De'ah Siman 334.</ref>: | ||
#If a man is already married, he is prohibited from marrying any additional women. | #If a man is already married, he is prohibited from marrying any additional women. | ||
| Line 32: | Line 32: | ||
'''Where is the Cherem D'Rabbeinu Gershom in Effect?''' | '''Where is the Cherem D'Rabbeinu Gershom in Effect?''' | ||
Initially, the Cherem was issued only in European communities such as Germany, France<ref>Shu"t Radvaz 4:1165 cites both Ashkenaz and France</ref> and Poland<ref>Rama (who lived in Poland), Even HaEzer 1:10 ("B'chol medinos eliu")</ref> but not in the Sephardic communities<ref>Shu"t Beis Yosef Dinei Ketuvos 14. Shu"t HaRashba 3:446 mentions the same for Provence. For a longer list of opinions in support, see Shu"t Yabia Omer, Even HaEzer 5:1</ref>. However, in the last century, a ban on polygamy has been universally accepted throughout both Ashkenazic and Sephardic communities, albeit through different | Initially, the Cherem was issued only in European communities such as Germany, France<ref>Shu"t Radvaz 4:1165 cites both Ashkenaz and France</ref> and Poland<ref>Rama (who lived in Poland), Even HaEzer 1:10 ("B'chol medinos eliu")</ref> but not in the Sephardic communities<ref>Shu"t Beis Yosef Dinei Ketuvos 14. Shu"t HaRashba 3:446 mentions the same for Provence. For a longer list of opinions in support, see Shu"t Yabia Omer, Even HaEzer 5:1</ref>. However, in the last century, a ban on polygamy has been universally accepted throughout both Ashkenazic and Sephardic communities, albeit through different mechanisms. In Ashkenazi communities, unless it is known that a city did not have the custom to uphold the Cherem D'Rabbeinu Gershom, it is assumed that the Cherem is in effect by default.<ref>Rama (quoting the MaHari Mintz), Even HaEzer 1:10. Levush Even HaEzer 1:10.</ref> As such, in countries such as the United States and Australia where Jews were not present when the Cherem D'Rabbeinu Gershom was enacted, it is assumed that it is in effect there was well since the Jews in those countries are descendants of those who were originally in Europe.<ref>Aruch HaShulchan, Even HaEzer 1:23</ref> In Sephardic communities, such as those in Israel (where the Cherem D'Rabbeinu Gershom was never in effect), the popular contemporary custom is to include a shev'uah (Halachic swear) in the text of a Ketubah stating that the husband will provide for his wife and will not engage in polygamy or forcibly divorce his wife, similar elements as those stated in the Cherem D'Rabbeinu Gershom.<ref>Shulchan Aruch, Even HaEzer 1:11, 118:15. This has become the widespread minhag of the Sephardic world (See Shu"t Yabia Omer Vol. 7 Even HaEzer 2:3, Rav Shlomo Ammar in Shu"t Shema Shlomo 5: Even HaEzer 20) and of the Israeli Rabbinate at large. There are a number of Moroccan authorities that find including a bona fide shevuah within the Ketubah problematic or at least not in accordance with the Moroccan minhag. In those instances, a number of options may be recommended such as limiting the scope of the shevuah when presented to the chosson, verbally accepting the shevuah after the Ketubah is presented (without it being written), or the possibility that the Kallah takes the Ketubah as if a "Shevu'ah" was taken on it. </ref> | ||
