1. Polygamy in Jewish law-An overview of Cherem Rabbeinu Gershom [The ban against polygamy]:[1]

According to Jewish law, it is possible for a man to be married to more than one woman at a time, and there is in fact no limit as to the amount of women that a man can legally consecrate and be considered married to him, hence requiring a bill of divorce to be given to each of these wives in order for any one of them to be permitted to marry another man. The entire discussion of this article, and the general subject of the ban on polygamy, is only regarding if it is initially permitted for a man to marry and remain married to more than one wife, or whether it is initially forbidden to do so and we force him to divorce one of his wives if he went ahead and did so. However, either way, the additional wife would require a bill of divorce, as Torah law legally validates the consecration of even many women by a single man, and this matter was never debated or uprooted by the ban.[2] This is unlike a polyamorous relationship in which a woman is “married” to more than one man, of which its legal validity does not exist according to Jewish law, and hence she will always be considered married to only one man even if she was consecrated by a second man, and a second man would simply be considered biblical adultery for which the parties can be found liable for capital punishment. [Accordingly, it is also understood that the legal Halachic concept of adultery is only applicable when involving a married woman. However, a man never transgresses the prohibition of adultery with a nonmarried woman, even if he is married, although other prohibitions may be relevant, such as betraying his wife, having relations out of wedlock, and the polygamy ban if he consecrates the second woman.] This is also unlike the second ban which was placed by Rabbeinu Gershom which restricts a man from divorcing his wife against her will, in which case he instituted that the bill of divorce be considered null and void in the event that one did so[3], unlike his polygamy ban which still views the marriage to a second wife as legally binding, despite it transgression of the ban.

A. The Biblical and Talmudic law:[4]

There is no intrinsic Biblical or even Talmudic [i.e. Rabbinic] restriction against polygamy, and hence from the perspective of Biblical and Talmudic law it is even initially permitted for a man to marry and be married to more than one wife simultaneously[5], and so was practiced throughout the ages by the greatest of scholars.[6] In the words of the Rambam[7], “a man may marry many women even 100, whether by consecrating them simultaneously, or one after the other.” However, even in the Talmud, we find a debate regarding if this may be done without the first wife’s consent:

Polygamy against the consent of the first wife: According to some Talmudic opinions[8], it is forbidden for a man to marry a second wife without the consent of his first wife, and one who does so can be forced to divorce his first wife and pay for her Kesuba. However, according to other Talmudic opinions[9], it is even initially permitted for a man to marry several additional wives to that of his first wife even without the consent of his first wife, so long as he has the financial ability to support them. The main Halachic ruling follows this second opinion.[10] [However, this only applied in previous times when polygamy was widely practiced. However, in today’s times when polygamy is no longer widely practiced, we rule similar to the former opinion that a man cannot marry an additional woman without consent of his first wife.[11] Hence, the ramification between the letter of the law ruling today excluding the ban of Rabbeinu Gershom, versus the additional ban of Rabbeinu Gershom, is only regarding if one can marry a second wife with the consent of the first wife. However, without her consent, everyone agrees one may not marry a second wife irrelevant of the ban of Rabbeinu Gershom.[12] This applies for all world Jewry, whether Sephardim or Ashkenazim.]

Ability to financially support all wives:[13] According to all opinions, a man may only marry an additional woman if he has the financial ability to support her [unless the second wife forgives her alimony rights and is willing to live with less than she rightfully deserves[14]].

Advice for Shalom Bayis: The Talmud[15] states that having a polygamist marriage is good advice for anyone who suffers from an antagonizing wife and is unable to divorce her due to the large Kesuba payment that would be due to her. The logic for this is because she would be fearful against antagonizing her husband due to fear of him giving more attention to the second wife, which is more painful for her than being punctured by a needle.

The recommended limitation due to intimacy rights:[16] Although there is no Halachic limit as to the number of wives that a man may marry, nevertheless, the sages advised that for the benefit of the marriage, one should not marry more than four wives in order so each wife can receive her Onah at least once a month.

Marrying two wives in two different places:[17] From the letter of the law, it is forbidden for a man to marry two wives in two different areas due to worry of the children, who are paternal siblings, marrying each other, [and hence the Talmudic allowance which predates the ban of Rabbeinu Gershom only permits to marry two wives in the same locality]. This, however, is with exception to if the individual is famous and everyone knows who his wives and children are.

Divorcing against will of wife:[18] From the letter of the law, a man can divorce his wife against her will.

B. The ban of Rabbeinu Gershom:[19]

Although according to both Biblical and Talmudic [i.e. Rabbinic] law, polygamy is even initially allowed, and was practiced throughout the ages by great scholars, in the year 4800 Rabbeinu Gershom together with the Ashkenazi communities placed a ban against polygamy, which prohibited a man from marrying more than one wife.[20] This ban was recorded in the works of several Asheknazi[21] and Sephardic[22] Rishonim, although was notably omitted from the Ramban’s Mishneh Torah[23], and other major Sephardic Rishonim. In addition, he placed a ban against divorcing one’s wife against her will, and instituted that such a bill of divorce would be considered invalid.[24]

If one transgressed the ban:[25] In the event that one transgressed the ban and married an additional wife to his current wife, then he is forced to divorce his wife.[26] [He is forced to divorce his second wife, unless his first wife agrees to get divorced.[27]] Some Poskim[28] however rule that this ban can no longer be enforced, as some opinions state that since the year 5000 the ban no longer applies. Practically, however, we do not rule like this opinion, and the ban is enforced even today, and we therefore force the polygamist husband to divorce one of his wives.[29]

C. The reasons behind the ban:[36]

In the original wording of the ban that was placed by Rabbeinu Gershom no reason is mentioned as for why the ban was placed. Accordingly, the reason behind the ban has been a source of speculation amongst the Rishonim and Poskim with several reasons being offered, and with some admitting that they indeed do not know the reason behind the institution.[37]

1. Financial burden: Some Poskim[38] suggest that the reason behind the ban is due to the financial burden that having many wives and children would entail for the husband, and in times of exile when the economic state of Jews is precarious, there is real worry that he would not be able to support them all.
2. Prevent Domestic abuse: Other Poskim[39] suggest that the ban was placed for the benefit of the first wife to prevent her from being abused by aristocratic husbands.
3. Prevent infighting: Other Poskim[40] suggest that in addition, it is possible that the ban was placed also for the benefit of the husband, to prevent strife and discord from breaking out in his home. Other Poskim[41] suggest the ban was placed in order to prevent the co-wives from fighting and hating each other.
4. Prevent Antisemitism: Other Poskim[42] rule that the main reason for the ban was to protect one from potential danger, as Christian Europe viewed the marriage to two wives as adulterous and one who would do so would put his life in jeopardy.
5. Prevent Incest: Other Poskim[43] suggest the ban was placed to prevent siblings from accidentally marrying each other.
6. Time of Churban: Other Poskim[44] suggested ban was placed in light of the fact we are now in exile and it is not proper for one to be married to more than one wife, as even the marriage to one wife was challenged in the Talmud^[45] during times of exile.

No Issur: Most Poskim[46] rule that the ban was not placed due to worry of transgression [i.e. Derara Dissur]. Other Poskim[47], however, rule that the ban was placed due to worry of prohibition. The practical ramification is regarding being lenient in a case of doubt, as explained next in D.[48]

D. The Halachic status of the ban:[49]

According to some Poskim[50], the ban of Rabbeinu Gershom has the same status as a Biblical prohibition as it has become the status of a vow. However, other Poskim[51] rule that its status is Rabbinical.

Case of Safek:[52] One of the practical ramifications between whether the status of the ban is Biblical or Rabbinical is regarding whether one may be lenient in a case of doubt, such as if there is question as to the validity of the divorce document of the first wife, or as to whether his first wife is alive, or as to the validity of the marriage of the first wife. Practically, many Poskim[53] rule that one may be lenient in a case of doubt or dispute.[54] Other Poskim[55], however, are stringent.

E. Ashkenazim versus Sephardim – Does the ban apply in all countries:[56]

The ban of Rabbeinu Gershom did not become accepted in all countries, although is assumed to have been accepted in all countries unless known explicitly otherwise.[57] The ban was placed, and accepted, upon all Jewish communities living in the Ashkenazi provinces[58] [i.e. France, Germany, Poland, and all countries with a majority Ashkenazi population such as America and Australia etc[59]], although was never accepted upon Sephardic Jewry [i.e. Province, Spain, Egypt, Israel[60]].[61] [Furthermore, some Poskim[62] suggest that even Rabbeinu Gershom never intended for the ban to be adopted in Muslim countries in which there is no danger for a man to be married to more than one wife.] Accordingly, while the ban is binding upon Ashkenazim it is not binding upon Sephardim.[63]

The practical ruling for Sephardim: [Although the ban is not binding upon Sephardim, nevertheless, even according to Sephardim,] it is proper to place a ban and excommunication against anyone who marries a wife in addition to his first wife.[64] Accordingly, most Sephardic communities today are accustomed not to marry a second wife, and being that this is the custom, one may not do so, as it is on this condition that his wife married him.[65] [In some areas, this would be explicitly stated in the Kesuba, that the groom swears that he will not marry an additional wife.[66]  In 1948, the Chief rabbinate of the state of Israel accepted this ban also upon Sephardim, and therefore even those who come from Sephardic communities may not marry a second wife unless they receive permission from the Chief rabbinate, and so is explicitly stated in the Kesuba which is accustomed to be used in Israel even among Sephardim, that one may not marry a second wife per the ban of Rabbeinu Gershom.[67] Nonetheless, a certain leniency exists even today for Sephardim, in cases that the wife gives her consent, and it is a case of need of a Mitzvah.[68]]

F. Geographical locations versus ethnicity:[69]

Some Poskim[70] rule that the ban is geographically based [i.e. Makom] rather than ethnicity based [Gavra or Karkafta] and hence does not apply in Sephardic geographical locations in which the ban was never accepted.[71] Accordingly, even an Ashkenazi immigrant may marry a second wife in such locations if he plans to settle in that land. Most Poskim[72], however, rule that the ban is ethnically based [Gavra/Karkafta], and hence applies for all Ashkenazim for all future generations irrelevant of the geographic location in which they currently live. Accordingly, an Ashkenazi immigrant may not marry a second wife in such locations even if he plans to settle in that land, and according to most Poskim, even if he arrives single and desires to marry two wives in his current locality, and so is the main ruling and custom.

G. Does the ban have an expiration date and what is the status of the ban today:[73]

Tradition of year 5000 expiration: Many Poskim[74] record a tradition and rule that the ban which was initially made by Rabbeinu Gershom had an expiration date of the Jewish calendar year 5000, and hence was only imposed for a period of about 200 years. [Accordingly, some Poskim[75] are of the position that it would be better if this ban would be abolished.] Other Poskim[76], however, argue on this tradition.

The custom today:[77] Nonetheless, despite the expiration date, the accepted custom was to be stringent and extend the ban even after the expiration date, and therefore this ban remains in place even today, and even in today’s times it is forbidden to marry more than one wife, due to the tradition and custom. [This certainly applies according to all the Poskim[78] who argue on the above expiration date, and negate the above tradition.]

Enforcing the ban today: Some Poskim[79] rule that if one transgresses this ban, then even today we excommunicate him and force him to divorce one of his wives. [He is forced to divorce his second wife, unless his first wife agrees to get divorced.[80]] Other Poskim[81], however, rule that due to the above tradition, the ban can no longer be enforced today. Practically, however, we do not rule like this opinion, and the ban is enforced even today.[82]

100 Rabbis: Due to the above expiration date tradition, some Poskim[83] rule that in today’s times it is no longer necessary to get a Heter from 100 Rabbis to marry a second wife, in those cases of justifiable reason to be explained. Other Poskim[84], however, rule that it is required even today, and so is the practical ruling.

H. The Heter of 100 Rabbis:[85]

Many Rishonim[86] and Poskim[87] record that one can be released from the ban of Rabbeinu Gershom and marry a second wife, if he receives permission to do so from 100 Rabbis[88] from three different communities in three different lands[89], based on reasons that they agree to be clear to justify the narrowing of the second wife. [From the wording of many of the Rishonim, it is implied that this allowance was instituted years later, after the ban was placed.[90] However, from other Rishonim it is evident that this allowance was instituted by Rabbeinu Gershom himself.[91]]

Kesuba money:[92] Even in the case that an allowance is given, the husband must leave the sum of the Kesuba with a trustworthy person in the event that his first wife agrees to get divorced.

Is the Heter of 100 Rabbis needed today: Some Poskim[93] rule that in today’s times, it is no longer necessary to get a Heter from 100 Rabbis to marry a second wife, in those cases of justifiable reason. Other Poskim[94], however, rule that it is required even today, and so is the practical ruling.

2. The list of possible exemptions and exceptions to the ban of Rabbeinu Gershom:[95]

A. The ban of polygamy versus the ban against divorcing one’s life against her will:[96]

Some Poskim[97] rule that the ban against polygamy is more severe than the ban against divorcing one’s wife against her will, and hence even in those cases to be explained where we exempt one from following the ban, we only permit one to marry a second wife if he can’t divorce her against her will. Other Poskim[98], however, rule that the ban against polygamy is less severe than the ban against divorcing against her will, and hence in those cases to be explained where we exempt one from following the ban, we permit one to marry a second wife rather than to divorce her against her will. Other Poskim[99] rule that the two bans are of equal weight, and hence in those cases to be explained where we exempt one from following the ban, the husband gets to choose whichever ban he desires to break, whether the ban against polygamy, or the ban against divorcing his wife against her will.

B. Consent – If one’s wife consents to her husband marrying his second wife:[100]

Some Poskim[101] leave in question as to whether the ban against polygamy is applicable even if one’s wife gives her consent.[102] Other Poskim[103] rule that if she gives her consent, then it is permitted for him to marry another wife, so long as she has not retracted from her consent. Other Poskim[104], however, rule that the ban applies even if one’s wife consents to her husband marrying a second wife, and so is the final ruling and custom.

C. Meureses – Engaged versus married:

First wife:[105] Some Poskim[106] rule that the ban against polygamy only applies if one is married to two wives with Kiddushin and Nissuin, however, if he has one wife who is only engaged [i.e. Meureses] and has not yet become a Nesua, then he may marry a second wife, if he offers his Arusa a bill of divorce and she refuses to accept it.[107] However, the ban against divorcing one’s wife against her will applies even to one’s bride who was Halachically engaged [i.e. Meureses] but has not yet become a Nesua, unless there is justifiable reason to divorce her.  Other Poskim[108] rule that the ban was never applied to a Meureses, neither the ban against divorcing her against her will, nor the ban against polygamy.

Meureses-2^nd wife:[109] Some Poskim[110] rule that the ban against polygamy only applies if one actually marries a second wife. However, if he does not marry her, even if he becomes engaged to her [i.e. Meureses], then he has not transgressed the ban. According to this approach, the ban is not transgressed if one has relations out of wedlock with a single girl [although other prohibitions are trangerssed]. Likewise, it does not apply if one has a concubine [according to those Poskim who rule that it is permitted to have a concubine].[111] Other Poskim[112] however argue that the ban applies even against becoming engaged to a second wife, or even against relations with a single girl out of wedlock, and certainly against having a concubine.

Civil marriage:[113] Some Poskim[114] rule that the ban against polygamy applies even against entering into a civil marriage with a second woman.

D. For the sake of a Mitzvah – Peru Urevu; Yibum:[115]

Some Poskim[116] rule that the ban against polygamy or divorcing one’s wife against her will, was never applied to a case of a Mitzvah. Other Poskim[117], however, rule that the ban applies even in such a case. In all cases, one may only marry a second wife if his first wife refuses to receive a Get.[118]

For sake of Peru Urevu-Married ten years without children:[119] Some Poskim[120] rule that the ban was never applied to a case in which the husband is obligated according to Halacha to divorce his wife or marry a second wife, such as if he was married to his first wife for 10 years and has yet to merit children. In such a case, he may choose to marry a second wife for the sake of having children even according to the ban of Rabbeinu Gershom. Other Poskim[121], however, rule that the ban applies even in such a case. [Practically, so is the main custom for Ashkenazim to be stringent unless there are other reasons to be lenient.[122] However, Sephardim are lenient in this matter.[123]]

For sake of Yibum:[124] Some Poskim[125] rule that the ban was never applied to a case of Yibum, and hence a man may marry his Yevama to fulfill the mitzvah of Yibum, even if he is already married to another woman. Other Poskim[126], however, rule that the ban applies even to a case of Yibum, and hence he must perform Chalitza to his Yevama if he is already married.

Heter 100 Rabbis:[127] Even in a case that we permit a man to marry a second wife for the sake of a mitzvah, he must receive a Heter of 100 Rabbis in order to do so.

E. Wife is forbidden:

Wife is Mumeres:[128] Some Poskim[129] rule that the bans do not apply in the event that one’s wife became an apostate. Some Poskim[130] rule that in such a case one should disregard the ban against divorcing one’s wife against her will, and divorce his apostate first wife even against her will and even not in her presence, such as through appointing an emissary to acquire the bill of divorce on her behalf. Other Poskim[131], however, rule that it is not necessary to divorce the first wife against her will, and he may go ahead and marry a second wife without divorcing her. Practically, the main approach follows this latter opinion, unless one lives in an area which has accepted the first approach.[132]

Wife is prohibited to him in marriage:[133] In the event that one married a woman who is prohibited to him in marriage, then the ban of Rabbeinu Gershom does not apply in the event that he is unable to divorce her, and in such case he may marry another wife. According to many Poskim, it is not necessary to even receive an allowance from 100 rabbis for this purpose, although the custom is to do so regardless.

Obligated to divorce wife:[134] In the event that one is Halachically obligated to divorce his wife, such as if she became prohibited due to adultery or she is Overes Al Daas, then the ban of Rabbeinu Gershom does not apply in the event that he is unable to divorce her, and in such case he may marry another wife. According to many Poskim, it is not necessary to even receive an allowance from 100 rabbis for this purpose, although the custom is to do so regardless.

F. Wife became insane:[135]

The bans of Rabbeinu Gershom do not apply in the event that one’s wife became insane.[136] Nonetheless, the Poskim[137] conclude that we do not permit to divorce her against her will and rather he is to marry an additional wife in her stead. [Other Poskim[138] argue on the above and rule that both bans apply and he may not to divorce her against her will or marry another wife. Practically, we do not rule like this opinion.]

Heter 100 Rabbis:[139] Even in the above case, he must also receive a Heter of 100 Rabbis.

Kesuba money and Get:[140] In such a case that the husband plans on marrying a second wife prior to divorcing his first wife who became insane, the husband must give her Kesuba money and a Get to a Beis Din to hold until she gets better, in which case he must immediately divorce her.

G. Wife ran away:[141]

The ban does not apply if one’s wife has run away and disappeared for several years. It is disputed amongst Poskim[142] as to whether in such a case he must receive a Heter of 100 Rabbis.

H. Wife is Moredes:[143]

Some Poskim[144] rule that the bans do not apply in the event that one’s wife is defined as a Moredes. Some Poskim[145], however, rule that this only applies after the passing of 12 months from when she became a Moredes.

I. Wife is terminally ill or deformed:[146]

Some Poskim rule that the bans do not apply in the event that one’s wife is terminally ill or is deformed with certain blemishes to the point that he can’t remain married to her. Nonetheless, this may only be done with the allowance of 100 Rabbis.

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[1] See Michaber E.H. 1:9-11; Encyclopedia Talmudit Vol. 17 p. 378 [Erech Cherem Rabbeinu Gershom]

[2] Mordechai Kiddushin 522 in name of Maharam; Maharik 84; Noda Beyehuda E.H. 129; Encyclopedia Talmudit ibid p. 395 footnotes 185

[3] See Nussach of Cherem in Maharam Merothenberg 1022; Maharam Mintz 10; Encyclopedia Talmudit ibid p. 397

[4] See Encyclopedia Talmudit Vol. 17 p. 379

[5] See Yevamos 65a; Rambam Ishus 14:3; Tur 1:9; Michaber E.H. 1:9; Encyclopedia Talmudit Vol. 17 p. 379 footnote 11

[6] See Rashba 3:446 [and 1:1205, 4:114], brought in Beis Yosef 1:10 and Darkei Moshe 1:9

[7] Rambam Ishus 14:3

[8] Rav Ami in Yevamos ibid

[9] Rava in Yevamos ibid

[10] Michaber E.H. 1:9; Tur 1:9; Rambam Ishus 14:3

[11] See Michaber E.H. 1:9-10; 76:8; Beis Yosef 1:9; Tur 1:9; Ritva Yevamos 44a in name of Rabosav, brought in Nimukei Yosef Yevamos 14b

The reason: As since polygamy is no longer widely practiced, it is considered inherently conditioned [i.e. Umdana Demuchach] within his first wife’s consent to his consecration of her, that he will not marry another wife without her consent. In this regard, it is similar to the Halachic ruling in business law, that if one rented an animal to carry the load of a donkey and he may not change the agreement and have it carry the load of a camel. [Beis Shmuel E.H. 1:20; Chelkas Mechokeik 1:15; Ritva ibid]

[12] Beis Shmuel E.H. 1:20; Chelkas Mechokeik 1:15; Darkei Moshe 1:8; Taz 1:14; Rav Akiva Eiger 1

[13] Michaber E.H. 1:9; Tur 1:9; Yevamos ibid; See Rivash 91, brought in Beis Yosef 1:9

[14] Beis Shmuel E.H. 1:18; Chelkas Mechokeik 1:13; Taz 1:13

[15] Rava in Yevamos 63b

[16] Michaber E.H. 1:9; Tur 1:9; Yevamos 44a; Chelkas Mechokeik 1:14

[17] Michaber E.H. 2:11; Rama 1:9; Yevamos 37b

[18] Michaber E.H. 119:6; Rambam Geirushin 1:2

[19] See Michaber E.H. 1:10; 115:4; Rama 119:6; Encyclopedia Talmudit Vol. 17 Erech Cherem Derabbeinu Gershom sec. 1

[20] Michaber E.H. 1:10; 115:4; Rama 119:6; Beis Yosef 1:10; Shut Maharam Merothenberg 1022; Orchos Chaim 3; All Rishonim and Poskim in coming footnotes; See Encyclopedia Talmudit Vol. 17 p. 378

Why the ban does not transgress Bal Tosif: See Encyclopedia Talmudit ibid p. 386 footnotes 77-81

Is also the wife included in the ban against marrying an already married man: Some Poskim rule that the restriction of the ban was only applied towards the man and not towards the woman. Accordingly, it is permitted for an Ashkenazi woman to marry a Sephardic man who is already married. [Halachos Ketanos 2:35; Beir Heiytiv 1:0; See Yeshuos Yaakov E.H. 20; Beis Efraim 1; Devar Eliyahu 58] Other Poskim however rule that the restriction applies even towards the woman and hence an Ashkenazi woman may never marry a married man. [See Hagahos Semak 186; Shoel Umeishiv Kama 1:114; Gimel 2:185; Encyclopedia Talmudit ibid footnote 121] See Encyclopedia Talmudit Vol. 17 p. 380 footnote 121

[21] Orchos Chaim 3 “Takanos Rabbeinu Gershom”; Terumas Hadeshen 256; Maharam Padvah 14; Tur 1:9 “In a place in which there was an institution against polygamy them the custom is to be abided by.”; See Encyclopedia Talmudit ibid footnote 2 in name of Maharam Merothenberg 1022; Machzor Vitri 576; Kol Bo 116; Maharam Mintz 102; Maharam Padova 13

[22] Nimukei Yosef Yevamos 14b in name of Ritva Yevamos 44a in name of Tosafus; Rashba 3:446; Shut Haran 48

[23] See Rambam Ishus 14:3

[24] Rama E.H. 119:6; Orchos Chaim 3 “Takanos Rabbeinu Gershom” 18; See Encyclopedia Talmudit Vol. 17 Erech Cherem Derabbeinu Gershom sec. 2 pp. 382-384

[25] See Pischeiy Teshuvah 1:20; Encyclopedia Talmudit Vol. 17 sec. 6 pp. 395-397 footnotes 181-206

[26] 1^st opinion in Rama E.H. 1:10 and that so is the custom; Nimukei Yosef Yevamos 4 in name of Tosafus;

Needing a Get: Even after the ban against polygamy was enacted as explained in B, if one went ahead and married a second wife, the marriage is valid and the woman is considered a married woman who needs a bill of divorce to marry another man. The additional wife requires a bill of divorce, as Torah law legally validates the consecration of even many women by a single man, and this matter was never debated or uprooted by the ban. [Mordechai Kiddushin 522 in name of Maharam; Maharik 84; Noda Beyehuda E.H. 129; Encyclopedia Talmudit ibid p. 395 footnotes 185]

[27] Beis Shmuel 1:24; Chelkas Mechokeik 1:8

[28] 2^nd opinion in Rama E.H. 1:10; Beis Yosef E.H. 76, brought and negated in Darkei Moshe 1:9; Poskim in Kneses Hagedola 1:9 and Pischeiy Teshuvah ibid

[29] Rama E.H. 1:10; Darkei Moshe 1:9; See also Michaber E.H. 1:11; See also Beis Yosef 1:11 in name of Rosh; Noda Beyehuda Tinayna 90, brought in Pischeiy Teshuvah ibid

[30] See Rashi on Yeshaya 46:1 and Beitza 24b; Teshuvos Maharam of Rothenberg 4 1022

[31] See Encyclopedia Talmudit Vol. 17 for a list of all 83 institutions; Institutions 1- 38 are allocated from Orchos Chaim Vol. 3; Institution 39-82 are allocated from Shut Maharam Ben Baruch 1022. See also: Machzor Vitri 102; Beir Hagoleh Y.D. 334; Pachad Yitzchak Takanos Rabbeinu Gershom

[32] Rashi in Teshuvos Chachmei Tzarfat 21

[33] See Teshuvos HaRosh 43:8

[34] Shut Maharshal 29; Encyclopedia Talmudit ibid footnote 1

[35] See Igros Kodesh 13:12 [Letter 4,283]; Sefer Keser Hayehudi, stories of Hayehudi Hakadosh of Peshischa; Sichos Chachamim of Rav Reuvein Margolis; Toldos Chayav Veimros Yechiel Meir of Ostrovatzia p. 52

[36] See Encyclopedia Talmudit Vol. 17 p. 379

[37] See Rashba 3:446; Shut Haran 48

[38] Maharam Padvah 14; Maharim Paduva 16; Mishkanos Yaakov 1

[39] Shut Haran 48; Darkei Moshe 1:9 and Maharik Shoresh 101 in name of Rashba “due to the Peritzim who abuse their wives”

[40] Shut Haran 48; Mordechai Kesubos 291 in name of Rav Avigdor, brought in Darkei Moshe 1:12; Levush 1:10; Beis Shmuel 1:21

[41] Maharam Shick E.H. 4, based on Yevamos 120a

[42] Sheilas Yaavetz 2:15

[43] Mishkanos Yaakov 1; Shoel Umeishiv Kama 1:178

[44] Shemen Sasson 34 in name of Maharam Padvah

[45] Bava Basra 60b

[46] Beis Shmuel 1:21; Darkei Moshe 1:11 in name of Mordechai Kesubos 291

[47] Mishkanos Yaakov E.H. 1, brought in Pischeiy Teshuvah 1:19

[48] Beis Shmuel 1:21

[49] Encyclopedia Talmudit ibid pp. 390-392

[50] See Maharik Shoresh 184; Mabit 2:16; Divrei Rivos 305; Avodas Hagershuni 53; Many Poskim in Encyclopedia Talmudit ibid footnotes 134-141

[51] Maharil 101; Darkei Moshe E.H. 1:10; Poskim in Encyclopedia Talmudit ibid footnotes 142-147

[52] See Sdei Chemed Ishus 2:19; Encyclopedia Talmudit ibid pp. 391-392; Letter 8 pp. 402-408

[53] Darkei Moshe 1:9; Beis Shmuel 1:21; Poskim in Sdei Chemed ibid

[54] The reason: As in addition to the argument that the decree was not made due to a prohibition, after the year 5000 the continuation of the ban is only due to custom, and hence in a case of doubt follow the Torah law which allows polygamy.

[55] Poskim in Sdei Chemed ibid; See there regarding the law of a Sfek Sfeika

[56] See Rama E.H. 1:10; Encyclopedia Talmudit Vol. 17 Erech Cherem Derabbeinu Gershom sec. 4 pp. 386-387 footnotes 86 and onwards

[57] Rama E.H. 1:10; Mahariy Mintz 10

[58] See Rama E.H. 1:10 and Darkei Moshe 1:11 in name of Mahariy Mintz 10 that it is assumed to be accustomed in all lands unless known otherwise; Maharik Shoresh 184; Shut Beis Yosef Dinei Kesubos 14; Radbaz 1165; Ran 48; See Encyclopedia Talmudit ibid footnote 86, 87, 99

[59] Maharam Shick E.H. 4 regarding Poland; Aruch Hashulchan E.H. 1:23; Encyclopedia Talmudit ibid footnotes 100-101

[60] See Encyclopedia Talmudit ibid footnote 91 regarding Egypt and Israel

Turkey: Some Poskim rule that the ban was accepted in Turkey. [Sdei Chemed Geirushin 2:9; Baiy Chayi; See Encyclopedia Talmudit ibid footnote 92; Teshuvah of Rav Chaim Falagi in Chaim Veshalom 2:15]

[61] See Michaber E.H. 1:10 “and his decree did not become widespread in all lands”; See Rashba 3:446 [and 1:1205, 4:114], brought in Beis Yosef 1:10 and Darkei Moshe 1:9, that the ban had not become accepted in all provinces of Spain, and even in Province which is close to France, it did not become accepted, and there are many Torah scholars and righteous men and other regular people in these countries who have married more than one wife and historically no one ever made issue with this; See Shut Haran 48 in Castille that it is customary to marry two wives; Maharik Shoresh 101; 107 that for this reason it was not mentioned in the Rambam; Sheilas Yaavetz 2:15 that the ban was not accepted in the western and eastern lands of Germany; Kneses Hageola 1:53 in name of Maharam Alshiker 95 [brought in Pischeiy Teshuvah 1:19] and Ralbach 36 and Mahariybal; Maharashdam Y.D. 140; E.H. 78; Yabia Omer E.H. 5:1

[62] Sheilas Yaavetz 2:15

[63] See Yabia Omer E.H. 5:1

[64] Michaber E.H. 1:11; Beis Yosef 1:11; Rosh 43:7

[65] Michaber 1:9; 76:8; Tur 1:9; Ritva and Nimukei Yosef Yevamos 44a; Chikrei Lev Y.D. 3:87

[66] Maharibal 1:16; Mahara Sason 228, brought in Kneses Hagedola 1; See Encyclopedia Talmudit ibid footnote 96-97

[67] See Encyclopedia Talmudit ibid footnote 102; Yabia Omer E.H. 7:2; Koveitz Torah Shebal Peh 27 p. 104

[68] Likkutei Sichos 15:480, printed in Shulchan Menachem 659, regarding a Sephardic couple who has waited 10 years without having children and that he desires to marry another wife for the sake of having children. The Rebbe replied with the following points: A) As an Ashkenazi, he cannot give him a Heter in this matter, and he must contact Sephardic Rabbis for a ruling in his scenario although since he is Sephardic, it will be much easier for him to receive an allowance. B) He should appease his wife by explaining to her that it is written in Sefarim that not everyone in life has the job of having children some men and women, especially women, have a different purpose. C) By taking care of another person’s child, and raising them, it is considered as if one has birthed that child. D) It is proper to write a post role in her own.

[69] See Rama Y.D. 228:29; E.H. 1:10; Sdei Chemed Ishus 2:17; Encyclopedia Talmudit ibid p. 388-390 footnotes 103-123

Sephardim who moved to Ashkenazi countries: See Encyclopedia Talmudit ibid Footnotes 115-123

[70] Sheilas Yaavetz 2:15; Questioner in Shut Haran 48; See Rashba 3:446

[71] The reason: As the only reason behind the ban was due to the danger of getting attacked by Christians who believe polygamy is immoral, and hence there is no reason to adopt this ban in Muslim countries.

[72] Rama Y.D. 228:29; E.H. 1:10; Shut Haran 48, brought in Beis Yosef Y.D. 228, in negation of the suggestion of the questioner; See Maharam Shick E.H. 4; Maharshal 14; Yam Shel Shlomo Yevamos 6:41; Maharshach 2:97; Poskim in Encyclopedia Talmudit ibid

[73] See Pischeiy Teshuvah 1:19; Encyclopedia Talmudit Vol. 17 Erech Cherem Derabbeinu Gershom sec. 3 p. 384 and onwards

[74] Michaber E.H. 1:10 “the ban was made only until the year 5000”; Maharik Shoresh 101, brought in Beis Yosef 1:10 and Darkei Moshe 1:9 and so he concludes as fact; Shut Beis Yosef Dinei Kesubos 14; Teshuvas Harashba [see 2:230; 4:186]; Teshuvas Rabbeinu Tam Ben Yichyeh in Tomas Yesharim 202; Radbaz 1180; 2:700; Sheilas Yaavetz 2:15; Mishkanos Yaakov E.H. 1, brought in Pischeiy Teshuvah 1:19; Eiyn Yitzchak 1E.H. 4:20; Avnei Nezer 1:8-8; See Mabit 3:6; Encyclopedia Talmudit ibid footnotes 65-66 and 69

[75] Sheilas Yaavetz 2:15

[76] Some Poskim negate the above tradition, and state the ban of Rabbeinu Gershom was applied for all times without any expiration date, and has hence not been relied upon by any of the Poskim to be lenient. [Yam Shel Shlomo Yevamos 6:41 and Shut Maharshal 14 in name of Or Zarua, Mordechai, Semak and that so is evident from the fact that no expiration date was mentioned in the original ban that was issued; Riy Di Miluni brought in Shut Beis Yosef; Maharashdam Y.D. 140; E.H. 120 in name of Yechiel Ashkenazi; Maharshach 2:36, brought in Kneses Hagedola 1:55; Maharam Alshiker 95, brought in Kneses Hagedola 1:56; Chacham Tzevi 124; Chasam Sofer C.M. 203; E.H. 2 that the above Achronim would have retracted their opinion if they would’ve seen the words of the Rashal ibid; Mishkanos Yaakov E.H. 1, brought in Pischeiy Teshuvah ibid; See Encyclopedia Talmudit ibid footnotes 70-5 Otzer Haposkim 1:76]

[77] Rama E.H. 1:10 “In all these provinces, the ban and custom remains and we prohibit polygamy under threat of excommunication”; Darkei Moshe 1:9 “Although we are still accustomed to follow the ban of the Gaon, nevertheless, the decree has already been nullified and from here and onwards that ban is merely due to accustomed stringency, which is forbidden to be permitted”; Rosh Teshuvah 43:7, brought in Beis Yosef 1:11; Shut Haran 48; Shut Beis Yosef ibid; See Maharashdam E.H. 78; Pnei Moshe 2:117; Encyclopedia Talmudit ibid footnote 67-68; All Poskim ibid who argue on the expiration date

[78] See other opinions above

[79] 1^st opinion in Rama E.H. 1:10 and that so is the custom; See Pischeiy Teshuvah 1:20

[80] Beis Shmuel 1:24; Chelkas Mechokeik 1:8

[81] 2^nd opinion in Rama E.H. 1:10; Beis Yosef E.H. 76, brought and negated in Darkei Moshe 1:9

[82] Rama E.H. 1:10; Darkei Moshe 1:9; See also Michaber E.H. 1:11

[83] Darkei Moshe 1:9, brought in Beis Shmuel 1:23; Tosafos Beitza 5a; Hagahos Ashri Beitza 3; This requirement is omitted from the Rama in his Shulchan Aruch; See Encyclopedia ibid footnote 830

[84] Beis Shmuel 1:23 and 119:8 in name of Bach that so is a Kabbalah from previous generations; Chelkas Mechokeik 1:16 and 119:7; See Pischeiy Teshuvah 1:16; See Encyclopedia ibid footnote 831

[85] See Beis Shmuel 1:23; Encyclopedia Talmudit Vol. 17 Erech Cherem Derabbeinu Gershom sec. 17 pp. 447-452 footnotes 814-874

[86] Orchos Chaim 3 “Takanos Rabbeinu Gershom” 17; Maharam Padvah 14; Kol Bo 116, brought in Darkei Moshe 1:11

[87] Beis Shmuel 1:23; 119:8; Chelkas Mechokeik 1:16; 119:7; Darkei Moshe 1:9

[88] See Encyclopedia ibid p. 449 footnotes 836-843 for the exact definition of a Rabbi for this matter. They do not have to be Rabbis who lead communities and if they are fit to give rulings then they are valid. [Noda Beyehuda Kama E.H. 3; Chasam Sofer 1 E.H. 4]

[89] See Chasam Sofer ibid and Encyclopedia ibid for the definition of this matter

[90] Tzemach Tzedek [Kadmon] 67

[91] Bach 93; E.H. 1; Hagahos Mordechai Yevamos 108; Chasam Sofer E.H. 1:3; See Encyclopedia ibid footnotes 819-820

[92] Beis Shmuel 1:23; Maharam Padvah 14

[93] Darkei Moshe 1:10, brought in Beis Shmuel 1:23; Tosafos Beitza 5a; Hagahos Ashri Beitza 3; This requirement is omitted from the Rama in his Shulchan Aruch; See Encyclopedia ibid footnote 830

[94] Beis Shmuel 1:23 and 119:8 in name of Bach that so is a Kabbalah from previous generations; Chelkas Mechokeik 1:16 and 119:7; See Pischeiy Teshuvah 1:16; See Encyclopedia ibid footnote 831

[95] Status of rights of first wife in those scenarios in which he may marry a second wife: See Encyclopedia Talmudit Vol. 17 Erech Cherem Derabbeinu Gershom sec. 16 pp. 441-447 regarding giving a Get on her behalf to the Beis Din [in the event that the first wife is not currently able to be divorced, such as if she lost her mind] as well as regarding the alimony responsibilities of the husband to his first wife. [See Rama 119:6]

[96] See Pischeiy Teshuvah 1:16; Noda Beyehuda E.H. 1; See Encyclopedia Talmudit Vol. 17 p. 423 footnotes 524-530

[97] See Chelkas Mechokeik 77:16; 119:7; Beis Shmuel 77:19; Maharsham 7:211; Shut Ranach 41

[98] Yeshuos Malko; Noda Beyehuda E.H. 1; Chasam Sofer E.H. 1:103; 2:167

[99] Maharam 138 in name of Raavan; Maharam Padvah 13; Radbaz 1:700

[100] See Encyclopedia Talmudit Vol. 17 p. 380

[101] Shut Haran 48, brought in Beis Yosef Y.D. 228; Mahariy Ben Lev 2; Hagahos Rav Akiva Eiger E.H. 1:7

[102] The reason: As aside for the fact that it is possible that the reason behind the ban is for the benefit of the husband, and hence the wife does not have the right to forgive it, furthermore, even if one were to resolve that it’s reason was solely for the benefit of the wife, perhaps the ban was placed even if he gets her consent, in order to prevent her from consenting through coercion. On the other hand, it is possible to conclude that the ban was placed only for her benefit, and she therefore has the right to forgive it just like any other benefit which he was given by the sages. [Shut Haran ibid]

[103] Maharshach 1:20, brought in Kneses Hagedola 1:17; Eiyn Yitzchak E.H. 1:4; Maharam Shick E.H. 4

[104] Darkei Moshe 1:8; Beis Shmuel 1:20; Kneses Hagedola 1:17; Otzer Haposkim 1:61-5; Chaim Veshalom 26; Bnei Avraham 52

[105] See Encyclopedia Talmudit Vol. 17 Erech Cherem Derabbeinu Gershom sec. 7, pp. 399-402 footnotes 235-265

Marriage of Cheresh or Chireshes: See Encyclopedia Talmudit Vol. 17 p. 381 footnotes 39 for a dispute in this matter

[106] Michaber and Rama E.H. 1:10; Maharik Shoresh 101, brought in Beis Yosef 1:10 and Darkei Moshe 1:9; Suggestion in Maharam Padvah 14

[107] Rama ibid

[108] Darkei Moshe 1:9 in name of Rashba and Maharik Shoresh 101

[109] See Encyclopedia Talmudit Vol. 17 p. 381

[110] Maharashdam Y.D. 91; E.H. 78; Kneses Hagedola 1:59 in name of: Maharam Padova; Maharalnach and Radbaz; See Mayim Rabim 4; Beir Heiytiv Y.D. 217:2; Sdei Chemed Mareches Ishus 2:13; Tzemach Tzedek 129; Erech Lechem 1:10; Encyclopedia Talmudit ibid footnote 34

[111] Kneses Hagedola 1:24; Sheilas Yaavetz 15; Ateres Yehoshua 1:10; See Maharam Padova 14; Encyclopedia Talmudit ibid footnote 37

[112] Rama E.H. 33:1 [regarding Penuya]; Rashal in Yam Shel Shlomo Yevamos 2:11 [regarding Pilegesh]; Terumas Hadeshen 209 [regarding Penuya and Meureses]; Kneses Hagedola 1:59 [regarding Meureses] in name of: Maharik Shoresh 101; Maharibal 113; Binyamin Zev 43; Mordechi Kiddushin 522 and Kesubos 286; Hagahos Semak 186 [regarding Pilegesh]; See Noda Beyehuda Tinyana E.H. 129; Avnei Nezer E.H. 1:2-7; Encyclopedia Talmudit ibid footnote 33 and 36

[113] See Encyclopedia Talmudit ibid footnote 38

[114] Kneses Hagedola 1:24; Igros Moshe E.H. 1:55; See Binyamin Zev 110; Zecher Simcha 172; Otzer Haposkim 1:79

[115] See Encyclopedia Talmudit Vol. 17 Erech Cherem Derabbeinu Gershom sec. 9-10 pp. 408-411

Raped Naarah Besula: See Hagahos Rav Akiva Eiger E.H. 177:2; Machaneh Chaim 3:5

[116] 1^st opinion in Rama E.H. 1:10 and Stam Yeish Omrim in Rama 119:6; Rashba 3:446 [regarding married ten years without children], brought in Beis Yosef 1:10; Maharam Padvah 14 and in name of Mordechai in name of Rabbeinu Tam; Sheilas Yaavetz 2:15; Darkei Moshe 1:9 in name of Mordechai

[117] 2^nd opinion in Rama E.H. 1:10; Darkei Moshe 1:9 in name of Or Zarua 1:739 that so applies even according to those opinions who permit Yibum; Hagahos Mordechai Yevamos 110 and Kesubos 291 and 287; Nimukei Yosef Yevamos 20a on Rif

[118] Beis Shmuel 119:8; Chelkas Mechokeik 119:7; Maharam Padvah ibid

[119] See Encyclopedia Talmudit Vol. 17 Erech Cherem Derabbeinu Gershom sec. 10 pp. 411-415; Yabia Omer E.H. 7:2

[120] Rama E.H. 1:10; Rashba 3:446, brought in Beis Yosef 1:10; Mordechai Yevamos 30; Rashba 280; Nimukei Yosef Yevamos 64a; Maharam Padvah 19; Darkei Moshe 1:9 in name of Ritva Yevamos 64a in name of Rabbanei Tzarfat and other Poskim; See Rivash 91, brought in Beis Yosef 1:9; Many Poskim in Encyclopedia Talmudit ibid footnote 383

[121] 2^nd opinion in Rama E.H. 1:10; Darkei Moshe 1:9 in name of Or Zarua 1:739 that so applies even according to those opinions who permit Yibum; Hagahos Mordechai Yevamos 110 and Kesubos 291 and 287; Nimukei Yosef Yevamos 20a on Rif; Chaim Veshalom 2:16; Many Poskim in Encyclopedia Talmudit ibid footnotes 395-397

[122] See Encyclopedia Talmudit ibid pp. 412-413 for all the details and opinions on the subject and that in practice, it is customary to be stringent; Likkutei Sichos 15:480, printed in Shulchan Menachem 659, regarding a Sephardic couple who has waited 10 years without having children and that he desires to marry another wife for the sake of having children. The Rebbe replied with the following points: A) As an Ashkenazi, he cannot give him a Heter in this matter, and he must contact Sephardic rabbis for a ruling in his scenario although since he is Sephardic, it will be much easier for him to receive an allowance. B) He should appease his wife by explaining to her that it is written in Sefarim that not everyone in life has the job of having children some men and women, especially women, have a different purpose. C) By taking care of another person’s child, and raising them, it is considered as if one has birthed that child. D) It is proper to write a post role in her own; See Yabia Omer E.H. 7:2

[123] See Yabia Omer E.H. 7:2 for a response regarding the allowance especially for Sephardim to marry a second wife after not having children for 10 years. He gravely protested against the position of the Ashkenazi chief rabbi to not sign on such allowances. [According to Israeli law at that time, which was since changed, both of the Israeli chief Rabbis were required to sign the permission for one to marry a second wife, and Ashkenazi chief rabbi refused to sign even for Sephardim, hence in essence making the allowance impractical]

[124] See Encyclopedia Talmudit Vol. 17 Erech Cherem Derabbeinu Gershom sec. 9 pp. 408-411

[125] Michaber E.H. 1:10; 1^st opinion in Rama ibid; Nimukei Yosef Yevamos 14b on Rif in name of Tosafus; Ritva Yevamos 44a, brought in Darkei Moshe 1:9 who concludes that one who is lenient has upon whom to rely; Hateruma 133, brought in Mordecha Yevamos 31; Ravayah; Maharil Seder Chalitza; Shut Rav Eliyahu Mizrachi 14; Poskim in Encyclopedia Talmudit 346-351

[126] 2^nd opinion in Rama E.H. 1:10; Darkei Moshe 1:9 in name of Hagahos Mordechai Yevamos 110 in name of Rav Avigdar; Hagahos Mordechai Kesubos 291 and 287;; Maharik 91 and 102; Nimukei Yosef Yevamos 20a on Rif; Mahariy Mintz; Or Zarua 1:738-739; Maharach Or Zarua 212; Poskim in Encyclopedia Talmudit 352

[127] Beis Shmuel 1:23; 119:8; Chelkas Mechokeik 1:16; 119:7 Hagahos Ashri Yevamos 14; Maharil 202; Bach 1:6 and Shut Bach 93; See Encyclopedia ibid footnote 683 and 686

Other opinions: Some Poskim rule that from the letter of the law, 100 rabbis are not required to sign on the allowance, and that so may be done in time of need. [Shut Rav Akiva Eiger Tinyana 44; Tzemach Tzedek 1; See Encyclopedia ibid footnotes 686-689]

[128] See Encyclopedia Talmudit Vol. 17 Erech Cherem Derabbeinu Gershom sec. 11 p. 416 footnotes 444-451

[129] Rama E.H. 1:10; Terumas Hadeshen 256, brought in Beis Yosef 1:10

[130] 1^st opinion in Rama E.H. 1:10; 140:5; Custom of Austria, recorded in Terumas Hadeshen 256, brought in Beis Yosef 1:10;

[131] 2^nd opinion in Rama E.H. 1:10;Custom of Reinitz, recorded in Terumas Hadeshen 256, brought in Beis Yosef 1:10;

[132] Rama E.H. 1:10

[133] Rama E.H. 1:10; Beis Shmuel 1:23; Maharik Shhoresh 101; Rashba 1:557; Chasam Sofer E.H. 1:3; Imrei Eish 2:10; Igros Moshe E.H. 1:2; Encyclopedia Talmudit ibid pp. 415-420 footnotes 383-443

[134] Rama E.H. 1:10; Maharik Shoresh 101; Rashba 1:557; Chasam Sofer E.H. 1:3; Imrei Eish 2:10; Avodas Hagershoni 37; Shev Yaakov 1; Maharsham 7:59; Igros Moshe E.H. 1:2; Encyclopedia Talmudit ibid pp. 416-419 footnotes 440-480

[135] See Encyclopedia Talmudit Vol. 17 Erech Cherem Derabbeinu Gershom sec. 15 pp. 435-441 footnotes 666-743

Definition of insane: See Pischeiy Teshuvah 1:16 and Encyclopedia ibid footnote 690-724 as to the degree of insanity required

[136] Michaber E.H. 119:6; Darkei Moshe 1:10 in name of Maharik 101 and Rashba, brought in Beis Shmuel 1:23jj

[137] Michaber E.H. 119:6; Rama E.H. 1:10; Rabbeinu Simcha in Maharshal 65; Hagahos Ashri Yevamos 14; Maharil 102; Bach 1 and 119; Encyclopedia ibid footnote 671

[138] Ravayah and Rabbeinu Efraim, brought in Maharshal 65 and Yam Shel Shlomo Yevamos 14; Encyclopedia ibid footnote 669

[139] Beis Shmuel 1:23; 119:8; Chelkas Mechokeik 1:16; 119:7 Hagahos Ashri Yevamos 14; Maharil 202; Bach 1:6 and Shut Bach 93; Chasam Sofer 1 E.H. 4; Achiezer 1:10; See Encyclopedia ibid footnote 683 and 686

Other opinions: Some Poskim rule that from the letter of the law, 100 rabbis are not required to sign on the allowance, and that so may be done in time of need. [Shut Rav Akiva Eiger Tinyana 44; Tzemach Tzedek 1; See Encyclopedia ibid footnotes 686-689]

[140] Beis Shmuel 1:23; Chelkas Mechokeik 119:12; Bach 1:6 and 119:7; See Encyclopedia ibid footnotes 765-813

[141] See Encyclopedia Talmudit Vol. 17 Erech Cherem Derabbeinu Gershom sec. 13 pp. 426-429  footnote 561

[142] See Encyclopedia Talmudit ibid footnotes 515-518; Tzemach Tzedek 6:7 is lenient; Chasam Sofer E.H. 2:167 is stringent; See  Achiezer 1:10

[143] See Encyclopedia Talmudit Vol. 17 Erech Cherem Derabbeinu Gershom sec. 12 pp. 420-426 footnotes 492-493

[144] Chelkas Mechokeik E.H. 77:15; Beis Shmuel 1:19

[145] Shut Maharam 442; Shut Rashab 860

[146] See Encyclopedia Talmudit Vol. 17 Erech Cherem Derabbeinu Gershom sec. 12 pp. 429-435 footnotes 596-665; Michaber E.H. 79:3; Yabia Omer E.H. 7:2