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Jewish Polygamists Plural
Marriage in Jewish History
http://www.polygamy.com/Jewish/Plural-Marriage-in-Jewish-History.htm
Overview
Technically, the form of
marriage being discussed is most precisely called "polygyny",
where one man Wives
and Concubines
As
we discuss this, we should keep in mind that the Bible describes both
"wives" and "concubines". Many
• In Gen. 25:1, Keturah is called Abraham's wife. However, in 1 Chron.
1:32 Keturah is called a
• In another instance, Nathan, the prophet tells David, "I will
take thy wives before thine eyes, and Thus,
the term "concubine" in the Bible appears to be synonymous
with "wife", though it is only applied And
Abraham gave all that he had unto Isaac. But unto the sons of the
concubines, which Abraham Abraham
Married 3 Women
The
first patriarch that the Bible shows in a plural marriage relationship
is Abra(ha)m. In Genesis 11:29
And Abram and Nahor took them wives: the name of Abram's wife [was]
Sarai; and the name of However,
Sara(i/h) was barren and had no children. To alleviate this situation
and provide an heir for her
"And Sarai, Abram's wife, took Hagar her maid, the Egyptian,…and
gave her to her husband Abram The
Lord was evidently not displeased for in speaking of the child of this
polygynous marriage he said, "I In
addition to the marriage to Hagar, Abraham also took another wife:
Again Abraham took a wife, and her name was Keturah. (Genesis 25:1) Thus, Abraham
had three wives: Sarah, Hagar, and Keturah. Abraham, considered in the
Bible to be the Jacob
Married 4 Women
Abraham's
Grandson was Jacob. He served Laban seven years for Rachel, but Laban
deceived him, and Jacob
was renamed Israel by the Lord and by each of these four women, he had
children. In all, from Moses
Married 2 Women
Moses,
after fleeing Egypt, was in the land of Midian. There "he sat down
by a well" where "seven However,
we find that Moses did not just marry this Midianite woman named
Zipporah. We do not know Thus Moses was married to at least two women. King
David Married At Least 4 Women With the Approval of the Lord
David, king of Israel took
Abigail and Ahinoam, "and they were also both of them his
wives;" (1 Sam. Other
Polygynist Marriages in the Bible From
the evidence of the Bible, plural marriage was not uncommon in Israel.
Not only did these
Judges 8:30
Gideon, a man highly favored of the Lord, had three score and ten sons
and In
every instance shown above, plural marriage is not recorded as something
exceptional or strange, but as The
Law of Moses Permits Plural Marriage
When
Moses took a second wife, he was not in violation of the Law given to
him by the Lord. That law If
a man have two wives, one beloved, and another hated, and they have born
him children, both In fact, the
Law of Moses sometimes may have commanded Plural Marriage. When a
woman's husband Jewish
Polygyny in the Christian Era
Plural
marriage was still acceptable among the Jews in the days of Jesus. In
fact, he uses a plural wedding
Then shall the kingdom of heaven be likened unto ten virgins, which took
their lamps, and went Interestingly,
Martin Luther, recognizing that Jesus did not condemn and may have
subtly condoned Many
Jews Accept Polygyny Today
In
the various Diaspora periods, Jewish customs changed. Over time, plural
marriage became less However,
Rabbi Gershom's ban was not accepted by all Jews. In particular,
Shephardic Jews (Yemenite An
interesting example is the modern Jewish State of Israel. Generally
speaking, Israel does not allow new
"for Jewish citizens (of Israel) no offense is committed if
permission to marry a second wife was Polygamy
in the Bible and Jewish Law
http://www.polygamy.com/Jewish/Polygamy-in-the-Bible-and-Jewish-Law.htm
Bible
Genesis
4:
Lamech took two wives Jewish
Law
In
Jewish law the concept of bigamy (or polygamy) can involve either (1) a
married women (eshet ish) purporting to contract a second marriage to
another man (or to other men) during the subsistence of her first
marriage; or (2) a married man contracting marriages to other women
during the subsistence of his first marriage. These two aspects must be
considered separately. (1)
Relating to Women
The
general principle is that "a woman cannot be the wife of two
[men]" (Kid. 7a and Rashi). In relation to a wife the term
kiddushin implies her exclusive dedication to her husband. There can
therefore be no kiddushin between her and another man while the first
kiddushin subsists, and a purported marriage to another man is thus
totally invalid. Nevertheless, such a bigamous "marriage" does
incur severe legal (2)
Relating to Men
The law is different in the
case of a married man who takes a second wife while still married.
According to Jewish law this second marriage (and any others) is valid
and can therefore only be dissolved by death or divorce (Yev. 65a;
Piskei ha-Rosh, ibid., 17; Yad, Ishut, 14:3; Sh. Ar., EH 1:9; 76:7).
Permitted according to biblical law, polygamy was practiced throughout
the talmudic period and thereafter until the Herem
de-Rabbenu Gershom
Substance
Of The Ban
In
the course of time and for varying reasons (Ozar ha-Posekim, EH 1 1:61,
2), it became apparent that there was a need for the enactment of a
general prohibition against polygamy, independent of the husband's
undertaking to this effect. Accordingly, relying on the principle of
endeavoring to prevent matrimonial strife (which principle had already
been well developed in talmudic law) Rabbenu *Gershom b. Judah and his
court enacted the *takkanah prohibiting a man from marrying an
additional wife unless specifically permitted to do so on special
grounds by at least 100 rabbis from three "countries" (i.e.,
districts; see below). This takkanah, known as the Herem de-Rabbenu
Gershom, also prohibited a husband from divorcing his wife against her
will. Various versions of the takkanah exist (Ozar ha-Posekim, EH 1:61,
1) and, indeed, scholars have even questioned the historical accuracy of
ascribing its authorship to Rabbenu Gershom. This, however, does not in
any way affect its validity. Applicability
Of The Herem As To Time And Place
Many
authorities were of the opinion that the validity of the herem was, from
its inception, restricted as to both time and place. Thus, it is stated:
"He [Rabbenu Gershom] only imposed the ban until the end of the
fifth millennium," i.e., until the year 1240 (Sh. Ar., EH 1:10);
others, however, were of the opinion that no time limit was placed on
its application. At any rate, even according to the first opinion the
herem remained in force after 1240, since later generations accepted it
as a binding takkanah. Accordingly, the herem, wherever it was accepted
(see below), now has the force of law for all time (Resp. Rosh 43: 8; Sh.
Ar., EH 1:10; Arukh ha-Shulhan, EH 1:23 Ozar ha-Posekim, EH 1: 76). In
modern times it is customary, in some communities, to insert in the
ketubbah a clause against the husband's taking an additional wife
"in accordance with the takkanah of Rabbenu Gershom...."
However, the prohibition is binding on the husband, even though omitted
from the ketubbah, as such omission is regarded as a "clerical
error" (Keneset ha-Gedolah, EH 1, Tur 17; Arukh ha-Shulhan EH
1:23). The herem did not extend to those countries where it was apparent
that the takkanah had never been accepted (Sh. Ar., EH 1:10). In a
country where the acceptance of the takkanah is in doubt, however, its
provisions must be observed (Arukh ha-Shulhan, EH 1: 23). In general it
can be said that the herem has been accepted as binding among Ashkenazi
communities, but not among the Sephardi and most of the Oriental
communities. This is apparently because in those countries where
Ashkenazim formed the main part of the Jewish community, as in Europe,
America, or Australia where European Jews migrated, polygamy was also
forbidden by the dominant religion, Christianity, and therefore by the
secular law. This was not the case in Oriental countries, as in Yemen,
Iraq, and North Africa, polygamy being permitted in Islam (Arukh ha-Shulhan
and Ozar ha-Posekim, loc. cit.). Thus, Maimonides, who was a Sephardi,
makes no reference at all to the herem. In practice, therefore, to
prohibit polygamy Oriental communities would customarily insert an
express provision in the ketubbah, whereby the husband was precluded
from taking an additional wife except with the consent of his first wife
or with the permission of the bet din. As this provision was a condition
of the marriage, any breach thereof entitled the wife to demand either
that her husband complied with the provision, i.e., by divorcing the
second wife, or that she be granted a divorce with payment of her
ketubbah (Sedei Hemed, Asefat Dinim, Ishut 2; Keneset ha-Gedolah, EH 1,
Beit Yosef 13, 16; Ozar ha-Posekim, ibid., 1:80, 8; PDR 7:65). People
who move from a country where the herem is binding to a country where it
is not, or vice versa, are subject to the following rules: (1) the ban
adheres to the individual, i.e., it accompanies him from place to place
and he always remains subject to it (Arukh ha-Shulhan, loc. cit.; Ozar
ha-Posekim, EH 1:75, 1; Sh. Ar., EH 1); (2) local custom is followed, so
that if the herem applies to a particular country it is binding on
everyone, irrespective of their country of origin (Arukh ha-Shulhan,
ibid.; Ozar ha-Posekim, ibid. and 1:75, 3; Keneset ha-Gedolah, EH, Beit
Yosef, 22). Both these rules are strictly applied with the intent of
extending the operation of the herem as widely as possible. On the other
hand, if a man legally married two wives in a country where this was
permitted, he is not obliged to divorce either of them on arriving in
another country where the herem is in force, as the law is only
infringed by his taking an additional wife and not when a man already
has two (Arukh ha-Shulhan, ibid.). Release
From The Prohibition
The
object of prohibiting bigamy is to prevent a man from marrying a second
wife as long as he is not legally entitled to dissolve his first
marriage. Thus, in order to avoid any circumvention of the prohibition,
the herem also generally prohibits divorce against the will of the wife.
This double prohibition may, however, result in the husband being
unjustifiably fettered in circumstances where he would not otherwise be
required by law to maintain his ties with his wife -- and yet may not
divorce her against her will. This can, therefore, be obviated by the
availability of a hetter ("release") from the herem against
bigamy, which is granted by the bet din in the appropriate
circumstances. This hetter does not mean that the first wife is
divorced, but that the husband is granted exceptional permission to
contract an additional marriage. Naturally, such a step is only taken if
the court, after a full investigation of the relevant facts, is
satisfied that a release is legally justified. Thus, for example, a
release would be granted in a case where a wife becomes insane. Her
husband cannot, therefore, maintain normal married life with her, a fact
which would ordinarily entitle him to divorce her; this he cannot do
because of her legal incapacity to consent. However, as the first
marriage must continue to subsist, the husband remains liable to support
his wife -- including medical costs -- but he is permitted by the court
to take an additional wife (Bah, EH 119; Sh. Ar., EH l; Beit Shemu'el 1,
n. 23; 119, n.6; Helkat Mehokek, ibid, 10-12; Ozar ha-Posekim, EH 1:72,
19). Should the first wife subsequently recover her sanity she cannot
demand that her husband divorce his second wife, as he married her in
accordance with the law. On the contrary, the husband would be entitled
-- and even obliged -- to divorce his first wife, so as not to remain
with two wives, and if she refuses to accept his get he would be free
from any further marital obligations towards her, save for the payment
of her ketubbah (Sh. Ar., EH l; Beit Shemu'el, ibid.; Ozar ha-Posekim,
EH 1:72, 17-18; PDR 3:271). However, the hetter would be revoked if the
first wife recovered her mental capacity before the second marriage took
place (Sh. Ar., EH 1, Pithei Teshuvah, 16, concl.; Ozar ha-Posekim, EH
1:72, 14). Procedure
For Granting The Hetter
After the court has decided
that a release from the herem should be granted, the matter is referred
to 100 rabbis of three "countries" (Ozar ha-Posekim, EH 1:61,
9) for approval and, if so approved, the hetter takes effect. As a
preliminary, the husband is required to deposit with the court a get for
his first wife, together with an irrevocable authority for the court to
have the get delivered to his first wife as soon as she is able and
willing to receive it from an agent appointed by the husband at the
request of the court. However, in the case where the hetter is given
because of the first wife's insanity, it is customary to give her a new
get when she recovers, rather than the one previously deposited with the
court, as some doubt could be cast on the latter's validity, since it
was the wife's insanity that made it impossible to deliver the get to
her originally and there may therefore possibly be other legal
objections to its validity. The deposited get is usually only delivered
to her if she is in danger of becoming a deserted wife (see *Agunah;
Arukh ha-Shulhan, EH 1:26; Ozar ha-Posekim, EH 1:72, 30-31).
Furthermore, the husband is also generally required to deposit with the
court the amount of the wife's ketubbah in cash or provide adequate
security (Bah, EH 119; Sh. Ar, EH; Beit Shemu'el 1, n. 23; Arukh ha-Shulhan,
EH 1:25; Ozar ha-Posekim, 1:72, 23-24). Some authorities are of the
opinion that the husband must also deposit with the court, or adequately
secure in like manner, such sum as the court may determine to cover the
wife's maintenance and medical expenses (Ozar ha-Posekim, EH 1:72, 29). At a national rabbinic conference called in 1950 by the chief rabbis of Israel, an enactment was passed generally making monogamy (apart from the above-mentioned permissions) binding upon all Jews irrespective of their communal affiliations. This takkanah, however, does not render a second marriage invalid according to biblical law, and therefore, if such a marriage does take place, it can be dissolved only by divorce. The criminal law of the state, however, renders it an offense on pain of imprisonment for a married person to contract another marriage without permission of a Rabbinal court (Penal Law Amendment (Bigamy) Law, 5719-1959). Nevertheless, for Jewish citizens no offense is committed if permission to marry a second wife was given by a final judgment of a rabbinical court and approved by the two chief rabbis of Israel. The latter's approval is accepted as conclusive proof that the permission was given according to the law. Special provisions relating to the grant of this permission are laid down in the Takkanot ha-Diyyun be-Vattei ha-Din ha-Rabbaniyyim be-Yisrael, 5720-1960. The
following are quotes from posts by Anne Neiwirth on the Prodigy God of
the Book Board Topic: Judaism, Subject Adultery:
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