Heter meah rabbanim
Encyclopedia
Heter meah rabbanim is a term in Jewish law
which means that one hundred Rabbis agree with a Rabbinical court
that a particular situation warrants an exemption to permit a man to remarry even though his wife refuses or is unable to accept a get
(a legal divorce
according to Jewish law
).
In about 1000 C.E. the Ashkenazic halachic authority
Rabbeinu Gershom
of Mainz
issued a decree called "Cherem de'Rabbeinu Gershom" banning bigamy
. To prevent this decree from causing flippant divorces previously unnecessary, he also decreed that "a woman may not be divorced against her will."
In certain extreme cases, however, such as the case of a man whose wife is missing, or refuses to accept a get for an extended period, Beth din will only permit him to remarry after one hundred rabbis agree with them to issue an exemption.
After receiving a heter meah rabbanim, Beth din will require the husband to write a get for his wife and deposit it with them. His wife will remain married until she receives the get in her possession.
To ensure that a particular situation indeed justifies an exemption, the rabbis instituted a requirement, that at least one hundred Torah scholars
domiciled in at least three different countries or, according to some authorities, it is enough three different jurisdictions, certify that dispensation for a second marriage is factually justified.
In order to get a heter meah rabbonim, it used to be that a man who got the go ahead from a Rabbinic court wandered from town to town and from one country to another with a letter from Beth din and had to plead his case with every town Rabbi to get his approval. Later on, written permission by mail was accepted and sometimes an intermediary was used to plead his case. In the last century with the ease of communication, it has become a more formal process in which Beth din takes the lead and secures the one hundred signatures required.
Situations where Beth din might see a justification which warrants this process includes:
In the last two of these cases, the Beth din will, as a condition of the heter, demand a binding undertaking from the husband that he will continue to provide for his wife's care.
(Oriental) Jews (particularly those from Yemen
and Iran
, where polygamy is a social norm) discontinued polygamy much more recently as they emigrated to countries where it was forbidden. The State of Israel has forbidden polygamous marriages and adheres to the ban, but instituted provisions for existing polygamous families immigrating from countries where the practice was legal.
Halakha
Halakha — also transliterated Halocho , or Halacha — is the collective body of Jewish law, including biblical law and later talmudic and rabbinic law, as well as customs and traditions.Judaism classically draws no distinction in its laws between religious and ostensibly non-religious life; Jewish...
which means that one hundred Rabbis agree with a Rabbinical court
Beth din
A beth din, bet din, beit din or beis din is a rabbinical court of Judaism. In ancient times, it was the building block of the legal system in the Biblical Land of Israel...
that a particular situation warrants an exemption to permit a man to remarry even though his wife refuses or is unable to accept a get
Get (divorce document)
A is a divorce document, which according to Jewish Law, must be presented by a husband to his wife to effect their divorce. The essential text of the is quite short: "You are hereby permitted to all men," i.e., the wife is no longer a married woman, and the laws of adultery no longer apply...
(a legal divorce
Divorce
Divorce is the final termination of a marital union, canceling the legal duties and responsibilities of marriage and dissolving the bonds of matrimony between the parties...
according to Jewish law
Halakha
Halakha — also transliterated Halocho , or Halacha — is the collective body of Jewish law, including biblical law and later talmudic and rabbinic law, as well as customs and traditions.Judaism classically draws no distinction in its laws between religious and ostensibly non-religious life; Jewish...
).
In about 1000 C.E. the Ashkenazic halachic authority
Posek
Posek is the term in Jewish law for "decider"—a legal scholar who decides the Halakha in cases of law where previous authorities are inconclusive or in those situations where no halakhic precedent exists....
Rabbeinu Gershom
Gershom ben Judah
Gershom ben Judah, best known as Rabbeinu Gershom and also commonly known to scholars of Judaism by the title Rabbeinu Gershom Me'Or Hagolah , was a famous Talmudist and Halakhist.Rashi of Troyes Gershom ben Judah, (c. 960 -1040? -1028?) best known as Rabbeinu Gershom (Hebrew: רבנו גרשום, "Our...
of Mainz
Mainz
Mainz under the Holy Roman Empire, and previously was a Roman fort city which commanded the west bank of the Rhine and formed part of the northernmost frontier of the Roman Empire...
issued a decree called "Cherem de'Rabbeinu Gershom" banning bigamy
Bigamy
In cultures that practice marital monogamy, bigamy is the act of entering into a marriage with one person while still legally married to another. Bigamy is a crime in most western countries, and when it occurs in this context often neither the first nor second spouse is aware of the other...
. To prevent this decree from causing flippant divorces previously unnecessary, he also decreed that "a woman may not be divorced against her will."
In certain extreme cases, however, such as the case of a man whose wife is missing, or refuses to accept a get for an extended period, Beth din will only permit him to remarry after one hundred rabbis agree with them to issue an exemption.
After receiving a heter meah rabbanim, Beth din will require the husband to write a get for his wife and deposit it with them. His wife will remain married until she receives the get in her possession.
To ensure that a particular situation indeed justifies an exemption, the rabbis instituted a requirement, that at least one hundred Torah scholars
Talmid Chacham
Talmid Chacham is an honorific title given to one well versed in Jewish law, in effect, a Torah scholar....
domiciled in at least three different countries or, according to some authorities, it is enough three different jurisdictions, certify that dispensation for a second marriage is factually justified.
In order to get a heter meah rabbonim, it used to be that a man who got the go ahead from a Rabbinic court wandered from town to town and from one country to another with a letter from Beth din and had to plead his case with every town Rabbi to get his approval. Later on, written permission by mail was accepted and sometimes an intermediary was used to plead his case. In the last century with the ease of communication, it has become a more formal process in which Beth din takes the lead and secures the one hundred signatures required.
Situations where Beth din might see a justification which warrants this process includes:
- Where the Halacha requires a man to divorce his wife and she refuses to accept it (e.g. some situations of adulteryAdulteryAdultery is sexual infidelity to one's spouse, and is a form of extramarital sex. It originally referred only to sex between a woman who was married and a person other than her spouse. Even in cases of separation from one's spouse, an extramarital affair is still considered adultery.Adultery is...
). - Where the wife has abandoned her husband and steadfastly refuses to accept a get.
- Where the wife disappeared and her whereabouts are unknown.
- Where the wife is mentally unable to give consent to receiving a get.
- Where the wife has fallen into an irreversible coma due to illness or injury.
In the last two of these cases, the Beth din will, as a condition of the heter, demand a binding undertaking from the husband that he will continue to provide for his wife's care.
Sephardic Jews
Ashkenazic Jews have followed Rabbeinu Gershom's ban since the beginning of the 11th century. Some Sephardi and MizrachiMizrahi Jews
Mizrahi Jews or Mizrahiyim, , also referred to as Adot HaMizrach are Jews descended from the Jewish communities of the Middle East, North Africa and the Caucasus...
(Oriental) Jews (particularly those from Yemen
Yemenite Jews
Yemenite Jews are those Jews who live, or whose recent ancestors lived, in Yemen . Between June 1949 and September 1950, the overwhelming majority of Yemen's Jewish population was transported to Israel in Operation Magic Carpet...
and Iran
Persian Jews
Persian Jews , are Jews historically associated with Iran, traditionally known as Persia in Western sources.Judaism is one of the oldest religions practiced in Iran. The Book of Esther contains some references to the experiences of Jews in Persia...
, where polygamy is a social norm) discontinued polygamy much more recently as they emigrated to countries where it was forbidden. The State of Israel has forbidden polygamous marriages and adheres to the ban, but instituted provisions for existing polygamous families immigrating from countries where the practice was legal.
External links
- Beth Din of America Standards and Guidelines with respect to Get Proceedings at the Beth Din of America