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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, resides in Brooklyn, NY, with his wife Chaya Mushka and their three children.
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Reader Comments
Latest Comments:
Posted: Jan 16, 2010
Polygamy??????
To Any Female : It is ironic and both interesting that all the response are from males. Where are al the females???

As there are two sides of this debate, I really do not want to be the only female that responds to this highly controversial subject." Man does not live on bread alone, but neither does woman".
Posted By Anonymous, St Petersburg
via chabadsp.com

Posted: Jan 15, 2010
to puzzled and all Jews
we are democratically outnumbered by all religions and are a tiny minority wherever we live. The moslem arabs have the policy of more than one wife and the Jews in Israel have been outbred since the arabs are producing often more than 12 kids per father. the arabs know this and actively encourage this policy but we are so caught up in non torah ideals like monogamy that we cannot see the wood from the trees.

if we truly loved what we stood for we would do what serves our race and our faith in God and one of the criteria is to have a sizeable population that can flourish.

Numbers do have power. In fact it is the most powerful thing if you want to live in democracy. Democracy has the weakness that you can be bred out of power in your owm homeland if you do not take precaution.

Monogamy has failed us because we have a greater than 50 % divorce rate, which means lots of tragedy, family devastation. and financial destruction.

None can say it has worked- the stats tell the story
Posted By yashar, tel aviv, israel

Posted: Jan 13, 2010
Puzzled
To whomever posted the comments from Tel Aviv, Israel.

Sir or Madam, your eight points have merit, however I am puzzled about # 8. What does the Jewish people or "us" as stated as a small race, have to do with the question posed.
Also as per the "old testament" in the beginning, G-d made Adam, and than Eve appeared. There are so many variables to your points in which I do not agree, but that is why we have the option of CHOICE.
Posted By Carokl Ehrenkranz, St Petersburg, Fl/ USA
via chabadsp.com



 


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