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Marrying More than One Wife: Difference between revisions
From Halachipedia
→Not Marrying More than One Wife
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#Prior to the enactment of the Cherem D'Rabbeinu Gershom, polygamy was permitted, provided a husband was able to provid both financially and emotionally for each of his wives.<ref>Rambam Hilchos Ishus 14:3, Tur [https://www.sefaria.org/Shulchan_Arukh,_Even_HaEzer.1.9?lang=he-en&utm_source=sef_linker Even HaEzer 1:9] ruling like Rava on the Machlokes found on Yevamos 65a. Nonetheless, at the end of the Siman, the Tur forbids anyone from marrying more than one woman in places where the Cherem D'Rabbeinu Gershom was put into effect.</ref> With its advent, polygamy became prohibited<ref>Ritva on Yevamos 44a in the name of Tosfos, citing Rabbeinu Gershom. The Ritva also notes that the Rambam, who lived in an area where this decree was not put into effect, did not place any such restrictions.</ref>. A number of reasons have been provided for its enactment including preventing abusive and womanizing husbands from mistreating their wives<ref>Shu"t MaHarik, Shoresh 101, quoting the Teshuvos HaRashba</ref>, preventing marital fights<ref>Darkei Moshe, [https://www.sefaria.org/Shulchan_Arukh,_Even_HaEzer.1.11?lang=he-en&utm_source=sef_linker Even HaEzer Siman 1:11], Mordechai on Kesuvos, Siman 291</ref> and preventing men from marrying wives that they would not be able to support<ref>Shu"t Mishkenos Yaakov, [https://www.sefaria.org/Shulchan_Arukh,_Even_HaEzer.1?lang=he-en&utm_source=sef_linker Even HaEzer Siman 1], Shu"t Maharam Padova Siman 14</ref>. Others include an additional reason of preventing a possible scenario where the son and daughter of one man (from two separate women) marry each other, a union prohibited according to Halacha<ref>Yevamos 37b</ref>. | #Prior to the enactment of the Cherem D'Rabbeinu Gershom, polygamy was permitted, provided a husband was able to provid both financially and emotionally for each of his wives.<ref>Rambam Hilchos Ishus 14:3, Tur [https://www.sefaria.org/Shulchan_Arukh,_Even_HaEzer.1.9?lang=he-en&utm_source=sef_linker Even HaEzer 1:9] ruling like Rava on the Machlokes found on Yevamos 65a. Nonetheless, at the end of the Siman, the Tur forbids anyone from marrying more than one woman in places where the Cherem D'Rabbeinu Gershom was put into effect.</ref> With its advent, polygamy became prohibited<ref>Ritva on Yevamos 44a in the name of Tosfos, citing Rabbeinu Gershom. The Ritva also notes that the Rambam, who lived in an area where this decree was not put into effect, did not place any such restrictions.</ref>. A number of reasons have been provided for its enactment including preventing abusive and womanizing husbands from mistreating their wives<ref>Shu"t MaHarik, Shoresh 101, quoting the Teshuvos HaRashba</ref>, preventing marital fights<ref>Darkei Moshe, [https://www.sefaria.org/Shulchan_Arukh,_Even_HaEzer.1.11?lang=he-en&utm_source=sef_linker Even HaEzer Siman 1:11], Mordechai on Kesuvos, Siman 291</ref> and preventing men from marrying wives that they would not be able to support<ref>Shu"t Mishkenos Yaakov, [https://www.sefaria.org/Shulchan_Arukh,_Even_HaEzer.1?lang=he-en&utm_source=sef_linker Even HaEzer Siman 1], Shu"t Maharam Padova Siman 14</ref>. Others include an additional reason of preventing a possible scenario where the son and daughter of one man (from two separate women) marry each other, a union prohibited according to Halacha<ref>Yevamos 37b</ref>. | ||
#It is prohibited for a man to marry a second woman, even in a situation where the first wife consents to the second marriage <ref>Darkei Moshe, [https://www.sefaria.org/Shulchan_Arukh,_Even_HaEzer.1?lang=he-en&utm_source=sef_linker Even HaEzer, Siman 1], Os Ches </ref> | #It is prohibited for a man to marry a second woman, even in a situation where the first wife consents to the second marriage <ref>Darkei Moshe, [https://www.sefaria.org/Shulchan_Arukh,_Even_HaEzer.1?lang=he-en&utm_source=sef_linker Even HaEzer, Siman 1], Os Ches </ref> | ||
#There is a debate as to whether or not a woman would also be Halachically culpable if she marries a man with another wife<ref>Haghos Sma"k Siman 186 is of the opinion that even the woman would be culpable this situation (See Encyclopedia Talmudit, Vol. 17, entry on Cherem D'Rabbeinu Gershom, footnote 30). The Be'air Heitev ([https://www.sefaria.org/Shulchan_Arukh,_Even_HaEzer.1?lang=he-en&utm_source=sef_linker Even HaEzer, Siman 1], Seif Katan 20) and Rav Yitzchak Elchanan Spektor (Shu"t Ein Yitzchak [https://www.sefaria.org/Shulchan_Arukh,_Even_HaEzer.3.9?lang=he-en&utm_source=sef_linker Even HaEzer Siman 3:9]) both held that the woman would not be culpable as the Cherem only makes the man culpable in its original enactment. </ref>. Even those who would not hold the woman culpable in such an instance still maintain that it would be extremely ill advised to enter such a marriage . As such, any efforts, by a Beis Din or otherwise, to deter such behavior should be encouraged<ref>Shu"t Shoel U'Maishiv, Vol. 1:114</ref>. | #There is a debate as to whether or not a woman would also be Halachically culpable if she marries a man with another wife<ref>Haghos Sma"k Siman 186 is of the opinion that even the woman would be culpable this situation (See Encyclopedia Talmudit, Vol. 17, entry on Cherem D'Rabbeinu Gershom, footnote 30). The Be'air Heitev ([https://www.sefaria.org/Shulchan_Arukh,_Even_HaEzer.1?lang=he-en&utm_source=sef_linker Even HaEzer, Siman 1], Seif Katan 20) and Rav Yitzchak Elchanan Spektor (Shu"t Ein Yitzchak [https://www.sefaria.org/Shulchan_Arukh,_Even_HaEzer.3.9?lang=he-en&utm_source=sef_linker Even HaEzer Siman 3:9]) both held that the woman would not be culpable as the Cherem only makes the man culpable in its original enactment. </ref>. Even those who would not hold the woman culpable in such an instance still maintain that it would be extremely ill advised to enter such a marriage. As such, any efforts, by a Beis Din or otherwise, to deter such behavior should be encouraged<ref>Shu"t Shoel U'Maishiv, Vol. 1:114</ref>. | ||
=Not Divorcing a Woman Against Her Will= | =Not Divorcing a Woman Against Her Will= | ||
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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> | 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> | ||
'''On What Level is the Cherem D'Rabbeinu Gershon Binding?''' | |||
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