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Does Jewish law forbid polygamy?



The Torah does not forbid a man from having multiple wives. Abraham, Jacob, David and Solomon are notable examples of biblical figures who wedded more than one wife.

Approximately 1000 years ago, the noted German scholar, Rabbi Gershom "the Light of the Diaspora," banned polygamy.1 This ban was accepted as law by all Ashkenazi Jews but was not recognized by Sephardic and Yemenite communities.

Practically speaking, polygamy is almost non-existent today even amongst Sephardic Jews, due to the fact that the overwhelming majority of them live in societies where polygamy is not legally and/or socially acceptable.

A number of reasons are given for Rabbi Gershom's ban:

  • It was instituted to prevent people from taking advantage of their wives.2
  • It was intended to avoid potential infighting between rival-wives.3
  • Rabbi Gershom was concerned lest the husband be unable to provide properly for all his wives (especially during the difficult times of Exile).4
  • The ban is intended to avoid the inherent rivalry and hatred between rival wivesThere is a concern that a man may marry two wives in different locations, which may lead to forbidden relationships between offspring.5
  • The ban is intended to avoid the inherent rivalry and hatred between rival wives, which may also lead to the transgression of a number of biblical violations.6
  • It has been suggested that it was adopted from Christian practice and laws, to avoid Christian attacks against Jews who act otherwise.7 This argument, however, has been assailed by many other Halachic authorities.

As far as Jewish thought is concerned, it would seem that polygamy is not, and never was, an ideal state. The mystical works are replete with references to husband and wife being two halves of one whole. Interestingly, I've never encountered an episode in the Talmud or Midrash -- which predate Rabbi Gershom's ban on polygamy -- which involves a polygamous couple. While it is certainly possible that such stories do exist -- I don't claim proficiency in all of Jewish literature! -- it is quite apparent that polygamy was never the norm.

Practically speaking as well, polygamy is a big financial strain; as the husband is required to provide for all the needs of, as well as separate housing for, two households.

In all probability, polygamy was always considered a last resort option for men who were married to barren women who wished to have children without divorcing the wives they loved. Monarchs also routinely used polygamy to cement relationships with different tribal factions and families.


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FOOTNOTES
1.

There is a loophole in this ban, allowing a man to marry a second wife under certain extenuating circumstances; for example, if the wife's deteriorated mental condition renders her halachically incapable of receiving a Jewish divorce. In such an instance, a dispensation signed by 100 rabbis is necessary, and the husband must place the amount of money promised in the Ketubah (marriage contract) in an escrow account in the event that conditions will one day allow the wife to receive the divorce.

2.

Maharik in the name of the Rashba, cited in Darkei Mosheh, Even Ha'ezer 1, note 10.

3.

Mordechai, Ketuvot #291, cited in Darkei Moshe ibid. note 12.

4.

Maharam M'Padua #14; Mishkanot Yaakov #1.

5.

Mishkanot Yaakov, ibid.

6.

Maharam Shick EH #4.

7.

Sheilat Yaavetz II:15.


By Naftali Silberberg   More articles...  |   RSS Listing of Newest Articles by this Author
Rabbi Naftali Silberberg, a native of Detroit, is a scholar renowned for his sharp wit and vast Talmudic knowledge. He resides in Brooklyn, NY, with his wife Chaya Mushka and their three children.
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Reader Comments
Latest Comments:
Posted: Nov 24, 2008
To Carol:
See Why does Torah law allow polygamy?
Posted By Naftali Silberberg (Author)

Posted: Nov 19, 2008
polygamy
Thank you Rabbi fior your response. However it does not satisfy my curiousity.

Why was pologamy approved, even though it was not spoken within the Midrash or Talmud, for males to have multiple wives, but not approved for females???????
Posted By carol ehrenkranz, st petersburg, Fl/ USA
via chabadsp.com

Posted: Nov 18, 2008
RE: King Solomon
The rabbi meant that he never found the Midrash or Talmud talk about contemporary polygamous couples.
Posted By Sammy Ekol



 


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