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'''On What Level is the Cherem D'Rabbeinu Gershom Binding?''' | '''On What Level is the Cherem D'Rabbeinu Gershom Binding?''' | ||
There are | There are multiple opinions on this issue as well. | ||
< | |||
# 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>. | |||
# Finally, others posit that the Cherem is only Rabbinic in nature, and thus, one is able to be lenient in cases of doubt. <ref>Darkei Moshe (quoting the Maharil), Even HaEzer Siman 1:10</ref> | |||
=Contemporary Relevance: Heter Me'ah Rabbanim= | =Contemporary Relevance: Heter Me'ah Rabbanim= |