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Showing posts with label Marranos. Show all posts
Showing posts with label Marranos. Show all posts

Saturday, 7 November 2020

301) HOW KABBALAH ‘GOES BACK’ TO FIX A TORAH NARRATIVE:

1906 edition of Eits haDa'at Tov by R. Chaim Vital.
INTRODUCTION:

One often tends to view kabbalistic thought as if it were a homogenous ancient tradition passed down faithfully from generation to generation without any additions or innovations. This article, based extensively on the research and thought[1] of Professor Shaul Magid, we explore how R. Chaim Vital Calebrese of Safed (1543-1620) - considered to be the main student of the Ari[2] - may have used his experience of contemporary realities to innovate aspects of his mystical ideology.

These ideas are found in R. Chaim Vital’s less examined work, Eits haDa’at Tov, which remained in manuscript form until 1871. Key to the work is his novel interpretation of the biblical community which accompanied the Israelites in the desert, known as the Eirev Rav, or mixed multitude (Ex. 12:38). Later rabbinic literature - and more relevant to our study, zoharic literature -  ascribed much blame to the Eirev Rav who were described as a negative influence on the Jewish people. R. Chaim Vital’s novel approach to this traditional negative view of the Eirev Rav is of particular interest.[3]

16th CENTURY CONVERSOS BECOME THE NEW EIREV RAV:

Following the expulsion of the Jews from Spain and Portugal after 1492, marranos and conversos (Jews who had converted to Catholicism and were looking to return to their faith) had moved westwards into Europe and many had gone to Eretz Yisrael and particularly to Safed. The population of Safed had swelled and within one particular year, the village turned into a town which now had the largest Jewish community in Ottoman Syria, with over 1000 families. Many conversos were hoping to become reabsorbed within the Jewish community, claiming that their previous conversion to Christianity had been under duress - but the Jews were not sure how to deal with them.[4]

Although many rabbis did not trust the sincerity of these conversos, R. Chaim Vital championed their cause and even developed a kabbalistic theology to help their reinstation as Jews. In fact, he went even further by showing how integral the conversos were to the scheme of messianic redemption.

This notion of messianic redemption was very much the theological vogue of the mystics of Safed, particularly under the R. Yitzchak Luria (1534-1572) known as the Ari (or Arizal).[5] The atmosphere of Safed was rich with messianic tension and both the Ari and his student R. Chaim Vital had expressed their claims to the role of Messiah. The appearance of a multitude of conversos in Safed played into the hands of this messianic drama because they were equated to the Eirev Rav of biblical times, who also didn’t know if they were non-Jews or Jews or somewhere in between.

R. Chaim Vital records that the Ari confirmed that the conversos were indeed the spiritual equivalent of the Eirev Rav and it was his (R. Chaim Vital’s) duty to facilitate their absorption back into Judaism and Torah.[6]

R. CHAIM VITAL’S VIEWS ON THE EIREV RAV ARE IN CONTRADISTINCTION TO THE ZOHAR:

R. Chaim Vital’s comparison of conversos to the Eirev Rav, produced what Magid refers to as a “counter-narrative” to the hitherto negative manner in which traditional rabbinic literature - and significantly the Zohar - portrayed the biblical mixed multitude. The Eirev Rav were often blamed and made a scapegoat for the sins of the Israelites. The Zohar goes so fas as to say that the Eirev Rav were evil, dangerous, and even demonic.

However, the new Lurianic narrative found redemptive features and qualities within the Eirev Rav and, by extension, within the conversos. The ancient Eirev Rav had finally been mystically vindicated and that was to become the model through which to deal with the matter of contemporary conversos.

The radical significance of this vindication should not be lost, particularly because it stood out against the foundational mystical work, the Zohar.

MYSTICAL POLITICS?

Why was there suddenly such an unusual about-face in an ancient mystical interpretation of the Eirev Rav? Considering the relatively large numbers of conversos who had descended upon the mystical town of Safed, it not impossible that there was not some form of political consideration at play.

Magid points out that although a mystic, R. Chaim Vital was also concerned about and involved in communal affairs and “held strong opinions on important matters”. The Eirev Ravmay have been a vehicle for fashioning new identities, perhaps proto-messianic identities”. Historical documents show how Rabbinic courts in Safed were continuously dealing with such matters of Jewish identity at that time.[7]

Magid shows how:

“Vital was indeed invested in the realia of his world, especially on the issue of the conversos, and used his exegetical skills to convey his position on this matter under the guise of his metaphysical or, in this case, kabbalistic-exegetical writings.”

The Eirev Rav and the conversos, although separated by thousands of years, had dimensions that were similar to each other. The Eirev Rav been present at the revelation at Sinai and the conversos had once been Jews, but both were not entirely regarded as a fully-fledged Jewish community.

THE TIKKUN:

The ‘re-judaization’ of the conversos and accepting then back within the Jewish fold was to be one of the final steps in the process of bringing about the messianic age that was expected to have been immanent. A tikkun or rectification of the how the Eirev Rav was viewed and treated in the past was to be effected through a new approach by absorbing the conversos back into Judaism.

Now, as a pre-requisite to the final redemption, the Safed mystics were going to rectify the failed biblical mission of the Eirev Rav and finally bring them home through the guise of the conversos.

R. CHAIM VITAL’S INNOVATIVE INTERPRETATION OF THE EIREV RAV:

The Eirev Rav and its converso counterparts (or reincarnations) were explained to have existed in a spiritual twilight zone. R. Chaim Vital said that at Sinai they experienced (or ‘saw’) the G-d’s voice, or kol but did not hear or understand the words, or dibbur.[8] Magid describes their position as having “a claim to and a stake in the covenant while not being fully a part of it”.

THE EIREV RAV’S DEPENDENCE ON MOSHE:

Because the Eirev Rav did not have the same status as the Jewish people they felt like, what Magid terms, “excluded insiders”. R. Chaim Vital evokes compassion for their spiritual plight as they want to be part of the people but G-d turns them away at every opportunity and seems only concerned about His people. It was only on the insistence of Moshe that the Eirev Rav remained.

According to R. Chaim Vital’s Eits haDa’at Tov:

[The Eirev Rav][9] said to Moses, ‘‘We do not, God forbid, disbelieve!’’ This is because it [revelation] had already become certain for them (nit’amet lahem). They said, ‘‘We acknowledge the truth of God and his Torah, and we also know that we are not fit like Israel to receive it. Yet we are also not, God forbid, equal to the other nations because we have converted….For this reason we should have a higher status from all the other nations. That is, we received the Torah through you [Moses]. [10]

On this view, an interesting shift took place after the Sinai experience. The Jews became less dependent on Moshe while the Eirev Rav became more dependent on him.

Know that God took Israel out of Egypt. This is not the case with the ‘erev rav, who were taken out by Moses, as it says, who you took out of the Land of Egypt (Ex 32.7). It does not say ‘‘I [God] took them [the ‘erev rav] out.’’ Therefore the ‘erev rav are called ‘‘Moses’ people’’ . . . They are no worse than the other nations, in fact, they are better since they came [out] in order to convert…[11]

THE GOLDEN CALF BECOMES UNDERSTANDABLE:

According to R. Chaim Vital, while not condoning it, the incident with the Golden Calf becomes somewhat justifiable. In order to understand this, one must be aware of the complicated and intimate relationship that developed between Moshe Rabbeinu and the Eirev Rav. He even calls the Eirev Rav the ‘Am shel Moshe’, or Moshe’s people.[12] The Torah also says that G-d told Moshe to go down the mountain because his (Moshe’s) people had sinned.[13]

Many commentaries understand that the Golden Calf affair occurred because the Jewish people were afraid that Moshe had perhaps died on Sinai, or even abandoned his people. After all, he delayed to come down. However, the Zohar understands that it was the Eirev Rav and not the Israelites who were most concerned about Moshe. This difference comes about depending on how one reads the following verse from Shemot (32:1):

וַיַּ֣רְא הָעָ֔ם כִּֽי־בֹשֵׁ֥שׁ מֹשֶׁ֖ה לָרֶ֣דֶת מִן־הָהָ֑ר וַיִּקָּהֵ֨ל הָעָ֜ם עַֽל־אַהֲרֹ֗ן וַיֹּאמְר֤וּ אֵלָיו֙ ק֣וּם ׀ עֲשֵׂה־לָ֣נוּ אֱלֹהִ֗ים אֲשֶׁ֤ר יֵֽלְכוּ֙ לְפָנֵ֔ינוּ כִּי־זֶ֣ה ׀ מֹשֶׁ֣ה הָאִ֗ישׁ אֲשֶׁ֤ר הֶֽעֱלָ֙נוּ֙ מֵאֶ֣רֶץ מִצְרַ֔יִם לֹ֥א יָדַ֖עְנוּ מֶה־הָ֥יָה לֽוֹ׃

When the people saw that Moses was so long in coming down from the mountain, the people gathered against Aaron and said to him, “Come, make us a god who shall go before us, for that man Moses, who brought us from the land of Egypt—we do not know what has happened to him.”

Most commentaries take “the people” to refer to the Israelites. The Zohar takes it to refer to the Eirev Rav, and as mentioned, viewed them as a demonic entity because they built the calf.

R. Chaim Vital bases himself on this zoharic interpretation but rejects that they were irretrievably evil. They just need the intermediary effect of their leader, Moshe – while the Israelites would have been able to carry on even had Moshe died on the mountain.

According to Eits haDa’at Tov:

They [the Isrealites] already heard the voice of God in the Ten Commandments and they already entered into a covenant and oath with God. This covenant would not have collapsed with Moses’ death…

[The Eirev Rav knew that] God wanted to reject them. It was only Moses who accepted them against God’s wishes . . .

[The Eirev Rav][14] immediately approached Aaron and said Come make us a god [elohim] who shall go before us . . . (Ex 32.1) because Aaron was a partner with Moses in taking them out.[15]

The Eirev Rav need a Moshe more than the Israelites. Their spiritual existence depended upon the intermediary support and intervention of a Moshe, an Aharon or…a Golden Calf to defend them (perhaps even from G-d) until Moshe returned.

Eits haDa’at Tov continues recording the view of the Eirev Rav:

This is not for the purpose of idolatry; God Forbid, we only desire the living God. The calf is a likeness [of the divine] like the Tabernacle, and the cherubim with human faces, where I [God] will dwell . . . Therefore, the reason [for the calf] is that when Moses was here (kayam) he protected us like a merciful father. He was, for us, like an elohim.[16]

R. Chaim Vital supports the Eirev Rav further by arguing that they only experienced the voice of God but not his words, and therefore did not hear the commandment against making images. For this reason, the Golden Calf was not their transgression! This is why Aharon agreed to assist them.

Ultimately, R. Chaim Vital agrees that they sinned, but only when they tried to equate their status with that of Israel. In other words, their sin was not the calf but that they tried to draw Israel into the worship of G-d through the agency of intermediaries. They could use intermediaries, but not Israel. Had they simply worshipped the calf, even as an Elohim or intermediary, while making a distinction between the intermediary and G-d, it would have not been a tragic event.

Once Israel worships Elohim through any elohim, they refute their unique status and relationship to God as YHVH and, by extension, diminish their experience at Sinai to the experience of the ‘erev rav.[17]

DRAWING ISRAEL INTO SIN:

The Eirev Rav draw Israel into the sin of worshipping the Golden Calf (according to the Midrash). R. Chaim Vital develops a theology as to why they did so. Since the Eirev Rav were desperately trying to become part of the people, they had to show that the Israelites were no better than them.

REPLACEMENT THEOLOGY:

The style of mystical literature in general and the Zohar, in particular, may be termed replacement theology. This means that Moshe in the story of the Eirev Rav may be replaced by the Moshe of the generation. Accordingly, R. Chaim Vital, with his messianic ambitions would be the new Moshe who champions the new Eirev Rav, or conversos.

Thus the essence of the Eirev Rav remained hidden and dormant until the time just before redemption. Then, as a tikkun and prerequisite to the revelation of the Messiah, they must finally be absorbed back into the Jewish fold.

The Zohar, in principle, even hints at such notion:

[T]he problem of the ‘erev rav will be resolved when Moses returns.’[18]

Magid emphasises this point very poignantly:

Paradoxically, it is the excluded insiders (the ‘erev rav / the conversos) who carry the weight of redemption. By shedding their status of exclusion and by Israel acknowledging their covenantal importance, the final stage of exile comes to a close.

THE LOST REMNANT OF MOSHE:

This was the time when Safed was the centre of a messianic fervour (that later went on to contribute to the fever of messianism of Shabbatai Tzvi[19] who was born just six years after R. Chaim Vital’s passing).

R. Chaim Vital took this replacement theology very seriously. The connection between Moshe and the Eirev Rav existed in the physical world because in the spiritual world the two were part of the same fallen soul of Adam. Thus Moshe and the Eirev Rav were inextricably attached to each other. Moshe showed compassion to the Eirev Rav because they were a part of his own spiritual makeup. Additionally, he too was raised in Egypt and he understood them as they were also largely Egyptians. He was, on this view, simply returning a lost component of his own soul to Judaism. And the corollary is also true because the Eirev Rav needed Moshe just as much, as he was their only gateway to G-d and tikkun. If the Eirev Rav were a part of Moshe, they were also a part of G-d and His people. Moshe was bent on helping the Eirev Rav convert fully because they were a lost part of his soul.

R. Chaim Vital develops this notion more by saying that the Eirev Rav were the negative part of Moshe’s soul (because after Adam sinned, all the souls that came from his root contained a mixture of good and evil).

Moshe had to return and fix his Eirev Rav for his mission to be completed. Magid describes this as “the struggle for Moses to reunite the lost remnants of his soul in order to fulfill his role as the archetypal Jewish leader—that is, the Messiah.”

This is why Moshe felt more responsibility for the Eirev Rav than for the Israelites.[20]

[Later, the Sabbatian ideologue, R. Abraham Miguel Cardozo (1627–1706), who was also a converso and student of Nathan of Gaza, writes, ‘‘In the future Messiah the King will don the garments of a Marrano, and on account of that the Jews will not recognize him.’’][21]

This idea of ‘fixing’ the negative is also found in another of R. Chaim Vital’s writing, Sha’ar haGilgulim, where he mentions that lofty souls like Avraham, David and even converts can dodge the negative kelipot, by being born through sin.[22]

CONVERSOS BECOME THE NEW EIREV RAV:

We have seen how R. Chaim Vital intertwines the fate of the Eirev Rav with the fate of Moshe. Interestingly, both[23] die in the desert and neither reach the land of Israel – their missions uncompleted.

It is most likely that R. Chaim Vital is speaking in metaphor and alluding to his role as a Moshe in supporting the new Eirev Rav, the conversos.

In the ensuing messianic drama playing out in Safed, it appears that the influx of conversos could now rectify and complete the work started in biblical times. These souls had been in limbo since the time of Moshe, waiting for a historical opportunity to replay and rectify the ancient events. Although Eits haDa’at Tov does not specifically mention conversos, it seems that this is its message and R. Chaim Vital can assume his role of Moshe/Messiah and finally fix the soul of Adam by reconnecting the lost Eirev Rav to Moshe - and the covenant at Sinai is remedied and restored.

ANALYSIS:

Technically we must remember that the Torah only tells us that the Eirev Rav left Egypt during the Exodus. 

The Midrash adds that they were present at Sinai.

Medieval commentary informs us that they caused Isreal to serve the Golden Calf soon thereafter. 

The Zohar presents the evil and demonic character of the Eirev Rav.

Now Lurianic Kabbalah adds another layer where not only is the biblical narrative amplified and enhanced - but essentially rewritten as playing out in the present with the promise of a  retroactive tikkun and rectification of the original events of the past. 



[1] Shaul Magid, The Politics of (Un)Conversion: The ‘‘Mixed Multitude’’ (‘Erev Rav) as Conversos in Rabbi Hayyim Vital’s ‘Ets Ha-Da’at Tov.

[2] See The Battle for the Soul of the Arizal, in Root Causes of the Sabbatian Movement,.

[3] It must be pointed out that Magid describes his analysis of Eits haDa’at Tov, as a “speculative leap” because the work does not directly equate the Eirev Rav to conversos. However, based on a literary reading of the text and being cognitive of the historical context, the “leap” may not be so “speculative” considering that the work follows the typical Kabbalistc style of writing where the ‘intelligent will understand’.

[6] R. Chaim Vital, Sefer haChezyonot, Aescoli edition, 1954, p. 222

[7] Werblowsky, Joseph Karo: Lawyer and Mystic (New York and Oxford, 1962).

[8]Although in a very different context, Rambam uses a similar description to differentiate between what Moshe experienced and what the Israelites experienced at Sinai. See The Guide of the Perplexed, 2.33, p. 364, Pines’s edition (Chicago, 1963).

[9] Parenthesis mine.

[10] Eits haDa’at Tov, 77c.

[12] See also the Zohar 1.25a.

[13] Ex. 23:7.

[14] Parentheses mine.

[17] Eits haDa’at Tov, 106d. For more on the distinction between Elokim, Havaya and Ein Sof see the paragraph The Coded Wording of R. Eibeschuetz's anti-Sabbatian Ban in Unimaginable Writings of R. Yonatan Eibeschuetz (and follow the other links provided there).

[18] Zohar 2.181b.

[19] See link in note 4.

[20] Eits haDa’at Tov, 173a.

[21] Inyane Shabbatai Zevi, ed. A. Friedman (Berlin, 1912), 88.

[22] Sha’ar haGilgulim, Introduction 38, p. 369, ed. Bnei Aaron. This concept, too, was taken up by the Sabbatians, although to a far greater extent than it was probably meant.

[23] That is, those of the Eirev Rav who did not get absorbed into the Israelites.

Sunday, 24 February 2019

215) RABBEINU GERSHOM – ONE MAN ONE WIFE:

Rabbeinu Gershom's commentary to the Talmudic tractate of Bava Batra.
INTRODUCTION:

Rabbeinu Gershom ben Yehudah (960-1040), also known as Me’or haGolah (The Light of the Exile) was born in Metz (France) and later moved to Mainz in Germany where he established his famous teaching academy.

Three of his students were later to become teachers of Rashi[1] - who was born around the time of Rabbeinu Gershom’s passing[2] - and who, at the age of eighteen, travelled to Mainz to study in that very Yeshiva established by Rabbeinu Gershom.


The grave of  R. Yaakov ben Yakar in Mainz, Germany - student of  Rabbeinu Gershom and the teacher of Rashi.


Rabbeinu Gershom was a great scholar and is said to have revised the text of the Mishna and Talmud. Also, a commentary on nine sections of the Talmud is ascribed to him.[3]

Today, one can still see his tombstone in the ancient cemetery in Mainz.

In this article, we will look at some of the innovations he introduced to Judaism around the year 1000, focussing particularly on his stance against polygamy.

RABBEINU GERSHOM’S SON:

Rabbeinu Gershom’s son converted to Christianity. 

This may or may not have been a forced conversion as voluntary conversions were quite common at that time[4]. Later, after the son pre-deceased his father, Rabbeinu Gershom apparently mourned him for fourteen days (seven as per the usual mourning period, and another seven for having converted out of the faith).

This dramatic event, apparently, influenced his decree that someone who had been subjected to baptism could revert back to Judaism without stigma – and would even be permitted to say a blessing over the Torah in a synagogue.

About five hundred years later, this was to become a pressing issue when Conversos and Marranos who had fled the Spanish Inquisition of 1492 began to return to Judaism. Some felt that only a Sanhedrin could absolve them from their apostasy. 

Others would have relied on Rabbeinu Gershom’s more lenient ruling. [For more on the attempt at reestablishing the Sanhedrin see here]

OTHER INNOVATIONS:

But his takkanah[5] or decree, regarding apostasy, was not his only innovation to Jewish law. He introduced a number of decrees which are regarded as somewhat liberal, modern and moral innovations to Judaism.

For example, he introduced the Cherem haYishuv, where businesses were to be protected from competition within the same area.

He made it illegal to read another’s mail. Typically, mail would contain a seal ‘beChadrag’ (beCherem deRabbeinu Gershom’) warning others, that on the threat of excommunication, this letter was a private communication. This was an insightful innovation, ahead of its time, influencing future privacy laws which we take for granted today.

He made it illegal, under Jewish law, to divorce a woman against her will. Rabbeinu Gershom’s second wife was a widow, and it is said that he had particular empathy for women who had been somewhat neglected and mistreated by society.

In keeping with his empathy for the plight of women, he prohibited polygamy, which until then was still technically permitted under Biblical law. Jacob, for example, had four wives. But Rabbeinu Gershom believed that multiple wives would be unfair on the women and a source of potential strife (as indeed it was in Biblical times).

POLYGAMY IN TALMUDIC TIMES (0-500 CE):

Let us look at the social milieu during the Talmudic period in the preceding centuries before Rabbeinu Gershom:

According to dinonline.org, during Talmudic times, an interesting dynamic developed: The Halacha followed Rava who ruled that one may take more than one wife on the condition that one is able to support both wives properly.[6] However, the reality was that polygamy was not commonplace during Talmudic times and we rarely find instances of a Talmudic sage taking multiple wives.

A very different view is put forward by Rabbi Professor Yaakov Elman whose research shows that “there is ample evidence that polygamy continued to be practised there [in Talmudic Babylon][7]

There was even the notion of ‘temporary marriages’ which was practised by Rav Nachman and Rav. [See Babylonian Influences on the Babylonian Talmud.]

Interestingly, this was not the case in Eretz Yisrael where polygamy had been virtually eliminated, probably as a result of Jews becoming Roman citizens in 212 CE, and Roman law had outlawed bigamy (- marrying someone while already married to another person).

POLYGAMY IN POST-TALMUDIC TIMES (500-1038):

Clearly, in post-Talmudic times, attitudes towards polygamy began to change:

According to Professor Avraham Grossman of Hebrew University, by the year 1000, polygamy had all but vanished from most Jewish communities. Thus, in effect, Rabbeinu Gershom’s edict was more of rubber-stamping of a newly established social order, rather than an outright innovation.

MIGRANTS ARRIVING IN GERMANY?

Another view is taken by R. Simon Eppenstein, who in his century-old article on the topic suggests that although there was no polygamy in Germany in Rabbeinu Gershom’s time, there was nevertheless an influx of Sefardic Jews from Islamic countries who had migrated to Germany. 

According to this, the decree of Rabbeinu Gershom was directed against these immigrants, almost in an attempt to prevent “the daughters of Germany’s monogamous society from becoming second wives to Sefardic Jews.”
Grossman disagrees with Eppenstein and maintains that there was no significant migration to Germany by Sefardic Jews at that time.

To complicate matters, there is a responsum a written by Rambam[9] (1135-1204) more than a century after Rabbeinu Gershom, where he criticises the fact (or impression) that French Jews were of the habit of taking more than one wife. (Northern France and Germany were usually regarded as a single entity).

Either way, the Cairo Geniza documents certainly do show that during the Middle Ages, polygamy was prevalent among the Jews who lived in Islamic countries.

DATING THE ORIGINAL BANS:

Although the general assumption is that the ban against taking more than one wife is ascribed to Rabbeinu Gershom – there are no records of this ban from any existing French or German sources!

The first written evidence of the ban only appears about a century after Rabbeinu Gershom’s death.

The first person to mention this ban, was R. Eliezer ben Natan who does not even mention Rabbeinu Gershom, but simply refers to it as ‘takanot haKehilot’ or communal bans.

EXPIRY DATE FOR RABBEINU GERSHOM’S DECREE?

Shulchan Aruch, Even haEzer 1:10 (Large font is R. Yosef Karo who is followed by the Ramo.)

R. YOSEF KARO (1488-1575):

R. Yosef Karo, known as Beit Yosef writes that the decrees of Rabbeinu Gershom expired in the year 1340 (which corresponded to the end of the fifth millennium.)[10] Based on this, he ruled in his Shulchan Aruch that the decrees are no longer in effect.[11]  
He cites the Rashba (1235-1310) that the enactments only applied in specific geographical areas, and the decrees “were not made for all places… The decree did not spread to our borders, and even in Provence and the areas close to France, we have not heard that it has spread. In practice, too, Torah scholars in our vicinity commonly wed more than one wife, and nobody has been concerned for this matter.”
JURISDICTION OF THE BAN:

The ban was originally limited only to Germany and the parts of France. However, it soon spread to Poland and European Russia. It was not accepted in Southern France, Spain, Italy, Greece, Turkey, Israel, Africa and Asia.


RAMO (1530-15720:
R. Moshe Isserless, known as Ramo (who wrote notes to the Shulchan Aruch following the Ashkenazi custom) wrote that although technically the decrees may have elapsed, nevertheless, the custom was to still follow them.

MAHARSHAL (1510-1573):

R. Shlomo Luria, known as Maharshal, argues strongly that the decrees are still in effect. This is backed up by the later Pischei Teshuva[12] who writes that this was indeed the consensus of most Rabbis in the period of the Rishonim.

R. YAAKOV EMDEN AND A CHRISTIAN INFLUENCE?

Dr Henry Abramsom suggests that it is possible that since the Church had established monogamy as a societal norm, Rabbeinu Gershom was happy to perpetuate it as well.

This view is borne out by R. Yaakov Emden (1697-1776) who writes that the ban was originally instituted as a result of Christian influence. He writes that the ban was inherently flawed from a Jewish point of view but had Rabbeinu Gershom not made this ban, the Christians may have persecuted the Jews for polygamy:

"In us is fulfilled, due to our many sins, the verse 'and they will be mixed among the nations etc.,' therefore it is proper to eliminate it (the ban on taking more than one wife).

Did they not say that he (Rabbeinu Gershom) only made his ban until the year 5000...

It would have been proper not to have made such a prohibition in the first place because of the prohibition of following in the ways of the nations, but because it didn't require a positive action to comply, and also because of the danger to the Jews who live among the uncircumcised when they marry two wives, Rabbeinu Gershom, light of the exile, needed to make this ban which was not right to make [shelo min hadin]"[13]

VILNA GAON (1720-1797):

Most surprising is the view of the Vilna Gaon who is cited as saying that bringing polygamy back would bring the redemption nearer. He said that removing the ban against polygamy was only one of two things he would interrupt his Torah study for - provided he knew he would be successful in achieving it.[14]

The other matter was to reintroduce the reciting of the Priestly Blessing on a daily basis. As it happened, his students were able to make this part of the custom of Eretz Yisrael.

R. OVADYA YOSEF (1920-2013):

In more recent times, R. Ovadya Yosef writes that Sefaradim follow the abovementioned ruling of R. Yosef Karo - who wrote expressly for Sefaradim in his Shulchan Aruch - and that they consider the decree to be no longer applicable. In his book, Yabia Omer, R. Yosef writes that it is a mistake for non-Ashkenazim to follow Rabbeinu Gershom’s ‘stringency’ which prevents a man to marry more than one wife. 

The law of the State of Israel, however, does not permit polygamy.

R. Yosef cautions that the marriage document must include an explicit stipulation that it is forbidden for the husband to take a second wife. He further mentions that under certain conditions - such as in a case where a Sefardic couple had been married for more than ten years without producing children - then the Israeli Chief Rabbinate should issue a permit to make an exception to Israeli law, and allow the man to take a second wife.[15]

ESCAPE CLAUSES:

The ban against polygamy was not absolute because there were escape clauses – such as in a case where a wife refuses to accept a divorce for an unreasonably extended period of time. In such a case one may rely upon a Heter Meah Rabbanim, or Permission of a Hundred Rabbis, who agree with a ruling of a Beit Din that such a case merits the expediency of annulling the ban.[16]

ISRAEL TODAY:

In a recent Jerusalem Post article, the Tel Aviv Rabbinical Court ruled that a particular husband who could not locate his wife may marry a second wife. This was pursuant to a request by the husband who was unable to obtain a divorce from his first wife who had emigrated and gone into hiding with her children.

“In light of the fact that the two parties have been separated for six years and the location of the woman is not known and she is hiding from the law enforcement authorities, the rabbinical court believes that she is obligated to accept the divorce,” the court ruled.
“Since there is no possibility at this stage of arranging a divorce, the husband must be allowed to remarry and be given dispensation from the decree of Rabbeinu Gershom.”[17]





[1] Rashi had three teachers, all of whom were students of Rabbeinu Gershom): R. Yaakov ben Yakar whom he referred to as mori haZaken, R. Yitzchak haLevi, referred to as mori haRav haLevi, and R. Yitzchak ben Yehudah, referred to by Rashi as mori Tzedek.
[2] Rabbeinu Gershom passed away at the end of the period of the Gaonim - 1038/40 - and Rashi was born at the beginning of the period of the Rishonim.
[3] For an academic discussion on this issue, see here.
The printers of the Vilna Talmud printed several newly discovered commentaries in the outer margins of their edition. These included some of the most important of the early medieval works. Scholars were sent to European libraries (including that of the Vatican in Rome) in order to copy out these lost treasures of Jewish religious literature. Since none of these commentaries covered the full text of the Talmud, different ones were printed with the individual tractates. The additional commentaries include the following: Rabbeinu Gershom, Rabbeinu Chananel, Shitah Mekubetzet, Tosefot Rid, Tosafot Yeshanim.
[4] According to Dr Henry Abramson, while this may have been a forced conversion, it is not unlikely that it was voluntary as most of the forced conversions began sometime later, well within the 11th century. On the other hand, Jews were expelled from Mainz in 1012, and this might support the notion of a forced conversion.
[5] Known as Cherem deRabbeinu Gershom.
[6] Yevamot 65b.
[7] Babylonian Echoes in a Late Rabbinic Legend, p. 15.
[8] Takanot Rabbenu Gershom - Ban on Polygamy, by Benji Hopper as part of his research for his Masters Course.
[9] Grossman questions the authenticity of this responsum from Rambam and says that even were it to have been authentic, this was only referring to the Jews of France and not to those of Germany. [On the other hand, Northern France and Germany are usually linked together in reference to the Tosafists who were active in the two centuries after Rashi (1038-1105).]
[10] Even haEzer 1.                                                                                                                                                   
[11] Even haEzer 1:10.
[12] Pischei Teshuva 1:19. This Halachik work was written by Tzvi Hirsh Eisenstadt (1815 - 1868).
[13] Shut Sh'ilas Yaavetz vol 2, Siman 15.
[14] Ma’aseh Rav haShalem, p. 276.
[15] Yabia Omer 7:2
[16] The get is deposited with the court and the wife remains married until she takes possession of it.              
[17] Jerusalem Post, 8 Jan 2019.