279
edits
Marrying More than One Wife: Difference between revisions
From Halachipedia
→Acceptance and other Parameters
| Line 33: | Line 33: | ||
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. | 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. | #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. Exceptions may exist in some Moroccan communities, though this is the predominant minhag.) and of the Israeli Rabbinate at large. </ref> | |||
'''On What Level is the Cherem D'Rabbeinu Gershon Binding?''' | '''On What Level is the Cherem D'Rabbeinu Gershon Binding?''' | ||
<!-- | There are two opinions on the issue. The first is that Cherem is binding on a level of Divrei Torah, even if the Cherem is only being followed after 1239 CE as a result of minhag.<ref>Shu"t MaHarik, Shoreh 184. Shu"t Mabit 2:16. Shu"t Beis Yosef (Dinei Ketuvos Siman 14) is of the opinion that the Cherem D'Rabbeinu is binding on a level of Divrei Torah, even if it is only a minhag in the present day.</ref> As such, any Halachic doubts dealing with this subject should be treated stringently. | ||
<!--Teshuvos haRan),--> | |||
=Contemporary Relevance: Heter Me'ah Rabbanim= | =Contemporary Relevance: Heter Me'ah Rabbanim= | ||
