Marrying More than One Wife: Difference between revisions
From Halachipedia
→Not Divorcing a Woman Against Her Will
| Line 18: | Line 18: | ||
=Not Divorcing a Woman Against Her Will= | =Not Divorcing a Woman Against Her Will= | ||
#Prior to the enactment of the Cherem D'Rabbeinu Gershom, a woman could be divorced regardless of whether or not she consented <ref>Yevamos 112b, Rambam Hilchos Geirushin 1:2, Tur [https://www.sefaria.org/Shulchan_Arukh,_Even_HaEzer.119.6?lang=he-en&utm_source=sef_linker Even HaEzer 119:6]</ref> and whether or not her husband could pay for her Ketubah/financial needs after the divorce<ref>Though she would have the right to sue her ex-husband in Beis Din afterwards for the money owed to her. Rama, [https://www.sefaria.org/Shulchan_Arukh,_Even_HaEzer.119.6?lang=he-en&utm_source=sef_linker Even HaEzer 119:6] </ref>. After the Cherem D'Rabbeinu Gershom was put into place it, became prohibited for a man to divorce his wife without her knowledge, even if he could pay the amount of her Ketubah<ref>Rama, [https://www.sefaria.org/Shulchan_Arukh,_Even_HaEzer.119.6?lang=he-en&utm_source=sef_linker Even HaEzer 119:6], citing the Teshuvos HaRosh.</ref> | #Prior to the enactment of the Cherem D'Rabbeinu Gershom, a woman could be divorced regardless of whether or not she consented<ref>Yevamos 112b, Rambam Hilchos Geirushin 1:2, Tur [https://www.sefaria.org/Shulchan_Arukh,_Even_HaEzer.119.6?lang=he-en&utm_source=sef_linker Even HaEzer 119:6]</ref> and whether or not her husband could pay for her Ketubah/financial needs after the divorce.<ref>Though she would have the right to sue her ex-husband in Beis Din afterwards for the money owed to her. Rama, [https://www.sefaria.org/Shulchan_Arukh,_Even_HaEzer.119.6?lang=he-en&utm_source=sef_linker Even HaEzer 119:6] </ref>. After the Cherem D'Rabbeinu Gershom was put into place it, became prohibited for a man to divorce his wife without her knowledge, even if he could pay the amount of her Ketubah<ref>Rama, [https://www.sefaria.org/Shulchan_Arukh,_Even_HaEzer.119.6?lang=he-en&utm_source=sef_linker Even HaEzer 119:6], citing the Teshuvos HaRosh.</ref> | ||
#Reasons for the Cherem included to prevent abusive and womanizing husbands from abusing their wives and divorcing them for frivolous reasons<ref>Shu"t MaHarik ibid.</ref> and to equate a woman's power in terms of a divorce to that of a man so women can not be degraded by forced divorces<ref>Shu"t HaRosh Klal 42:1</ref> | #Reasons for the Cherem included to prevent abusive and womanizing husbands from abusing their wives and divorcing them for frivolous reasons<ref>Shu"t MaHarik ibid.</ref> and to equate a woman's power in terms of a divorce to that of a man so women can not be degraded by forced divorces.<ref>Shu"t HaRosh Klal 42:1</ref> Others are of the opinion that the Cherem is a bona fide siyag (protective fence) to the Torah- one should not forcibly divorce his wife, even if by strict halacha he would be justified to do so (eirvas davar), lest someone seek to forcibly divorce his wife for a reason that is not valid.<ref>Shu"t Ein Yitzchak, [https://www.sefaria.org/Shulchan_Arukh,_Even_HaEzer.4.20?lang=he-en&utm_source=sef_linker Even HaEzer 4:20]. The Chasam Sofer (Shu"t Chasam Sofer Even HaEzer 1:3) also believes this segment of the Cherem D'Rabbeinu Gershom is a siyag for the reason that is brought by Shu"t Maharik- to prevent spousal abuse and divorce for frivolous reasons</ref> Finally, some point out that these two segments of the Cherem (not marrying more than one wife and not forcibly divorcing a woman) had to be established together, lest a husband threaten to marry another woman, a deed that would cause his wife to become an Agunah.<ref>Shu"t Shoel U'Maishiv, 1st Edition, 1:178</ref> | ||
=For How Long is the Cherem D'Rabbeinu Gershom in Effect?= | =For How Long is the Cherem D'Rabbeinu Gershom in Effect?= | ||
