Rabbeinu Gershom Ben Yehudah
'Meor Hagolah' - "Light of the Exile." (4720-4800; 960-1040)
Rabbeinu Gershom instituted various “takanos” (institutional reforms), in Jewish life. The most famous are:
- A man is forbidden to marry more than one woman, a practice that is permitted by the Torah. (Incidentally, this “takkanah” was only accepted by Sephardic Jewry after the creation of the State of Israel in 1948 as part of a move towards the unification of the Jewish People)
- A man could not obtain a divorce without his wife’s consent.
- It is forbidden for one to read the mail or the personal message of one’s neighbor without the latter’s permission. This “takkanah” extended the right of privacy outside the home into the world of commerce. It thus also had the effect of allowing the commercial network of Jewish merchants that conducted most of the business in Christian Europe to function. A typical piece of mail would contain the seal, “B’Chadrag,” standing for “B’Cherem d’Rabbeinu Gershom;” meaning that the reader of the document without permission was in violation of the excommunication-edict of Rabbeinu Gershom.
- A Jewish community must accept with compassion a Jew returning to the faith after being forcibly converted to another religion.
Among his accomplishments, Rabbeinu Gershom wrote a complete commentary to the Talmud, instituted many “takanos” that were cited in many cases in the Responsa of other great Ashkenazic Torah scholars, such as Rabbi Meir (the Maharam) of Rutenberg. He also wrote many Responsa. Plus, he composed moving “piyutim,” religious poems that were incorporated into the Selichos, including “Zechor Bris Avrohom” (“Remember the Covenant of Avrohom”), in commemoration of the martyred Jewish community of Mainz.
Cherem of Rabbeinu Gershom Not to Marry More Than One Woman
SOURCE OF THE CHEREM
Shulchan Aruch - Even haEzer 1:9-10: (Rabbi Yosef Karo) A man may marry many women, as long as he can support them. Nevertheless, the Rabbis provided a good advice not to marry more than four women...Rabbeinu Gershom placed a “Cherum” (edict) on anyone that married more than one woman, however, this decree did not spread to all places. (Rema) Specifically the decree does not apply only to places that are known that the decree did not take hold; however, all other places the decree does apply.
REASONS OF THIS CHEREM
Commentators say the Cherem was made to make a fence against frivolity and improper relations with their wives or due to jealously among the wives. The Cherem was not due to prevent a Torah prohibition. Others say the possible reason was due to the lack of sufficient income to support multiple wives, or to prevent marrying one wife in one country and marrying another wife in another country (and possible problems of children not knowing their siblings). Another reason provided is that the Cherem was instituted in Christian countries since the dominant culture did not recognize bigamy marriages and to prevent danger to the Jews that lived in those countries.
HOW DOES ONE PROHIBIT A MATTER WHICH IS EXPLICITLY PERMITTED IN THE TORAH?
Chasam Sofer (Y.D. 117) states that Rabbinical authorities only can make decrees regarding matters that are not explicitly permitted in the Torah (making a fence). How did Rabbeinu Gershom make this Cherem limiting marriage when the Torah explicitly permits marrying multiple women?
Chasam Sofer answers that the Nasi or Gadol haDor can make a Cherem that prohibits an individual as if each person makes a personal oath not to do that action. Thus, each individual is allowed to take an oath to prohibit what is permitted in the Torah.
RABBEINU GERSHOM IS KNOWN AS "MEOR HAGOLOH," A LIGHT UNTO THE DIASPORA.
Why among all the Rishonim did he merit to be given this title? The Rambam in hilchos teshuvoh 7:5 writes that when Yisroel will repent they will be redeemed. Since we find ourselves in the Diaspora it is evident that we have not yet fully repented and are stained with sin. Hashem's relation with the bnei Yisroel is that of a husband and wife, as related in the gemara Brochos 57a. Hashem has two options in dealing with His "wayward" wife, either to divorce her, i.e. to remove from the bnei Yisroel the status of the "chosen nation," or to marry another wife, i.e. to take another nation as His chosen one. Rabbeinu Gershom instituted that the bnei Yisroel do neither of these acts, not to divorce a wife against her will, nor to take a second wife. By instituting these two rulings Rabbeinu Gershom hoped that it would bring about a reciprocal treatment from HaShem, that He also neither send us away, nor take another nation as His chosen one.
