Heter Meiah Rabbanim – Background, details, cases of allowance, and the reason for its controversies

1. The Heter of 100 Rabbis:[1]

Many Rishonim[2] and Poskim[3] 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[4] from three different communities in three different lands[5], based on reasons that they agree to be clear to justify the marrying 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.[6] However, from other Rishonim it is evident that this allowance was instituted by Rabbeinu Gershom himself.[7]]

Kesuba money:[8] 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[9] rule that in today’s times, due to the fact that the ban of Rabbeinu Gershom has expired[10], 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[11], however, rule that it is required even today, and so is the practical ruling.

Justifiable cases for the Heter of Meiah Rabbanim:

1. Wife is Moredes:[12] Some Poskim[13] rule that the bans do not apply in the event that one’s wife is defined as a Moredes.
2. Refuses to accept Get:[14] If a wife refuses to accept a Get from her husband by refusing to show up to the Beis Din [often due to a refusal to accept their decision on the divorce settlement], then some Poskim[15] rule that she has the same status as a Moredes and he may marry a second wife through the Heter of 100 Rabbis.[16]
3. For the sake of a Mitzvah – Peru Urevu:[17] Even according to those Poskim[18]  who 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.
4. Wife is prohibited to him in marriage:[19] In the event that one married a woman who is prohibited to him in marriage the custom is to get a Heter Meiah Rabanim in the event that he is unable to divorce her.
5. Obligated to divorce wife:[20] 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.
6. Wife became insane: The ban of Rabbeinu Gershom does not apply in the event that one’s wife became insane.[21] Even in the above case, he must also receive a Heter of 100 Rabbis.[22]
7. Wife ran away:[23] The ban does not apply if one’s wife has run away and disappeared for several years. It is disputed amongst Poskim[24] as to whether in such a case he must receive a Heter of 100 Rabbis.
8. Wife is terminally ill or deformed:[25] 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.

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

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

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

[4] 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]

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

[6] Tzemach Tzedek [Kadmon] 67

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

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

[9] 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

[10] Many Poskim  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: 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

Other opinions: 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]

[11] 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

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

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

[14] See Encyclopedia Talmudit Vol. 17 Erech Cherem Derabbeinu Gershom sec. 12 pp. 425 footnotes 544-546

[15] Divrei Chaim E.H. 5; Tirosh Viyitzhar 81; Avnei Tzedek 40

Other opinions: See Tuv Tam Vadas Tinyana 124; Shoel Umeishiv 1:303; Beir Chaim Mordechai 3:57

[16] Divrei Chaim ibid

[17] 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]

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

[19] 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

[20] 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

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

[22] 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]

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

[24] 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

[25] 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