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Marrying More than One Wife: Difference between revisions
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#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> In countries such as the United States and Australia, places in which Jews were not living when the Cherem D'Rabbeinu Gershom was enacted, it is assumed that the Cherem applies there as well since the Jews in those countries are mostly descendants of the ones who were originally in Europe.<ref>Aruch HaShulchan, Even HaEzer 1:23</ref> | #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> In countries such as the United States and Australia, places in which Jews were not living when the Cherem D'Rabbeinu Gershom was enacted, it is assumed that the Cherem applies there as well since the Jews in those countries are mostly descendants of the ones 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 | #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, not engage in polygamy and will not forcibly divorce her- all similar elements to 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 Gershom Binding?''' | '''On What Level is the Cherem D'Rabbeinu Gershom Binding?''' | ||
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#Because of its universal acceptance, the Cherem is binding on a level of Divrei Torah, even according to those who hold that the Cherem is only enforced after 1239 CE as a result of minhag.<ref>Shu"t MaHarik, Shoresh 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.<ref>Shu"t Chasam Sofer Even HaEzer 1:2</ref> | #Because of its universal acceptance, the Cherem is binding on a level of Divrei Torah, even according to those who hold that the Cherem is only enforced after 1239 CE as a result of minhag.<ref>Shu"t MaHarik, Shoresh 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.<ref>Shu"t Chasam Sofer Even HaEzer 1:2</ref> | ||
#Others are of the opinion that the Cherem D'Rabbeinu Gershom is Divrei Kabbalah<ref>Shu"t Nodeh B'Yehuda Tinyana Yoreh De'ah 146, Shu"t Avnei Nezer Even HaEzer 8.</ref> or equivalent to a Takanah established by the Chachmei HaGemara (Sages of the Talmud)<ref>Shu"t Mahari Mintz, Siman 10</ref>. | #Others are of the opinion that the Cherem D'Rabbeinu Gershom is Divrei Kabbalah<ref>Shu"t Nodeh B'Yehuda Tinyana Yoreh De'ah 146, Shu"t Avnei Nezer Even HaEzer 8.</ref> or equivalent to a Takanah established by the Chachmei HaGemara (Sages of the Talmud)<ref>Shu"t Mahari Mintz, Siman 10</ref>. | ||
#Others posit that the Cherem is only Rabbinic in nature (or slightly less than Rabbinic), 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 meant to last until 1239 CE</ref> | #Others posit that the Cherem is only Rabbinic in nature (or slightly less than Rabbinic), 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 meant to last until 1239 CE</ref>. This the accepted Halacha according to most poskim <ref> Shu"t Minchas Asher 2:77 </ref>. | ||
#Finally, there are some who distinguish between the two main halves of the Cherem, with the prohibition of a forcibly divorcing being more stringent than that of polygamy.<ref>Shu"t Nodeh B'Yehuda Kamma Even HaEzer 87. This is contrast to Tinyana Yoreh De'ah 146 where this distinction is not made. To resolve the contradiction, a distinction is made between those who originally accepted the Cherem personally and those who were born after them.</ref> | #Finally, there are some who distinguish between the two main halves of the Cherem, with the prohibition of a forcibly divorcing being more stringent than that of polygamy.<ref>Shu"t Nodeh B'Yehuda Kamma Even HaEzer 87. This is contrast to Tinyana Yoreh De'ah 146 where this distinction is not made. To resolve the contradiction, a distinction is made between those who originally accepted the Cherem personally and those who were born after them.</ref> | ||
