Marrying More than One Wife: Difference between revisions

#Prior to the enactment of the Cherem D'Rabbeinu Gershom, polygamy was permitted, provided a husband was able to provide 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 domestic strife,<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>

#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>