Marrying More than One Wife: Difference between revisions
From Halachipedia
→Contemporary Relevance: Heter Me'ah Rabbanim
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There is a question of who created the Heter Me'ah Rabbanim. Some are of the opinion Rabbeinu Gershom himself included the Heter as he made the Cherem (Hagos Mordechai Yevamos 108), while others are of the opinion that a Beis Din after him made the heter (Shu"t Tzemach Tzeddek 67). </ref> There are a number of circumstances under which permission may be granted, including (but not limited to): | There is a question of who created the Heter Me'ah Rabbanim. Some are of the opinion Rabbeinu Gershom himself included the Heter as he made the Cherem (Hagos Mordechai Yevamos 108), while others are of the opinion that a Beis Din after him made the heter (Shu"t Tzemach Tzeddek 67). </ref> There are a number of circumstances under which permission may be granted, including (but not limited to): | ||
#If the woman has become mentally incapacitated or clinically insane and is unlikely to recover.<ref>Bach, Even HaEzer 1:9, "U'medina". | #If the woman has become mentally incapacitated or clinically insane and is unlikely to recover.<ref>Bach, Even HaEzer 1:9, "U'medina". The Bach later on states that in such cases, even if the heter is approved, the husband is still financially responsible for his first wife's care, even after the marriage has been terminated. See his comments on Even HaEzer Siman 119:7</ref> | ||
The Bach later on states that in such cases, even if the heter is approved, the husband is still financially responsible for his first wife's care, even after the marriage has been terminated. See his comments on Even HaEzer Siman 119:7</ref> | |||
#If there would be a mitzvah to divorce one's wife (e.g. if she refuses to follow fundamental religious practices, or if the marriage was originally prohibited by halacha) or to marry a different woman (e.g. if the husband wants to remarry after 10 years so he can have children, yibum etc.).<ref>Shu"t Minchas Asher 2:77</ref> | #If there would be a mitzvah to divorce one's wife (e.g. if she refuses to follow fundamental religious practices, or if the marriage was originally prohibited by halacha) or to marry a different woman (e.g. if the husband wants to remarry after 10 years so he can have children, yibum etc.).<ref>Shu"t Minchas Asher 2:77</ref> | ||
#If a wife refuses to have marital relations her husband for an extended period<ref>Shu"t Chasam Sofer 2:167</ref> or disappears as these may halachically describe her as a "moredes" (rebellious spouse)<ref>Encyclopedia Talmudit, Vol. 17, "Cherem D'Rabbeinu Gershom", section 13. </ref>. | #If a wife refuses to have marital relations her husband for an extended period<ref>Shu"t Chasam Sofer 2:167</ref> or disappears as these may halachically describe her as a "moredes" (rebellious spouse)<ref>Encyclopedia Talmudit, Vol. 17, "Cherem D'Rabbeinu Gershom", section 13. </ref>. | ||
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Many have offered reasons as to why the process of Heter Me'ah Rabbanim needs to be so difficult and extensive. Some of them include so that the husband will not be too hasty to initiate the process and that it will give him a chance to reconsider what he is doing<ref>Shu"t Igros Moshe Even HaEzer 1:2</ref>. 100 rabbis are used in the process so the proceedings will not be done secretly<ref>Bach Even HaEzer 1, "U'medina".</ref>. Three states are used so that one powerful rabbi in the initiating location can not pressure 99 rabbis under his jurisdiction and influence to approve the Heter, preventing the potential for corruption in the process.<ref>Shu"t Beis Yitzchak Even HaEzer 20</ref> | Many have offered reasons as to why the process of Heter Me'ah Rabbanim needs to be so difficult and extensive. Some of them include so that the husband will not be too hasty to initiate the process and that it will give him a chance to reconsider what he is doing<ref>Shu"t Igros Moshe Even HaEzer 1:2</ref>. 100 rabbis are used in the process so the proceedings will not be done secretly<ref>Bach Even HaEzer 1, "U'medina".</ref>. Three states are used so that one powerful rabbi in the initiating location can not pressure 99 rabbis under his jurisdiction and influence to approve the Heter, preventing the potential for corruption in the process.<ref>Shu"t Beis Yitzchak Even HaEzer 20</ref> | ||
The Heter Me'ah Rabbanim process is one that is still used to this day. Thanks to modern technology and communication methods, it is easier today than ever before to complete the process of Heter Me'ah Rabbanim. With this said, such a process must be conducted with the help of reputable authorities and through the protocols mentioned above. If not, a system that is used to prevent the abuse of husbands can used to equally | The Heter Me'ah Rabbanim process is one that is still used to this day. Thanks to modern technology and communication methods, it is easier today than ever before to complete the process of Heter Me'ah Rabbanim. With this said, such a process must be conducted with the help of reputable authorities and through the protocols mentioned above. If not, a system that is used to prevent the abuse of husbands can be used to equally abuse wives, an outcome just as unfair and horrific. | ||
=One Last Thought= | =One Last Thought= | ||
