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Does anyone know where I can find the actual text of the Gezeira of Rabbeinu Gershom? It keeps popping up in my learning, but only as being referenced, I would like to read that actual text.

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3 Answers

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You mean his ban on polygamy?

I was told that we don't actually have its text today; hence so much debate as to its contents and limitations.

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Yeah, that's what I am looking for. The Sh"A brings three things that were part of the ban: 1)Ban on Polygamy 2)Ban on divorcing a woman against her will 3)A man must give his wife a divorce if she so demands. I was hoping to find the text so as to be able to read his reasoning and such. – mekubal Dec 27 '10 at 17:26
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The earliest source attesting to the fact that we don't have the text would be interesting too! – Yosef Dec 27 '10 at 18:02
The Herem itself is referenced by many Rishonim including Sefardim. I am no where near my notes and will not be for the next week, so I hope someone beat me to it. – Yahu Dec 27 '10 at 18:21
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@R'mekubal, there's also the ban on reading another's mail. Was that separate, while the other three were part of one decree? – msh210♦ Dec 27 '10 at 19:17
I'm not sure. Hence I am looking for the original text. – mekubal Dec 27 '10 at 19:41
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up vote 2 down vote

The following is a source that I am aware of.

Be'er HaGola at the end of Yorah Deah 334

http://www.hebrewbooks.org/pdfpager.aspx?req=20241&st=&pgnum=21

http://www.hebrewbooks.org/pdfpager.aspx?req=20241&st=&pgnum=22

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That looks like it could just as easily by a paraphrase/reference as a quotation of the original text. – Isaac Moses♦ Dec 27 '10 at 19:45
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up vote 0 down vote

If you can't find the text in either of these books:

  • Rabbenu Gershom; Meor Hagolah, Light of the Exile.: Merkos L'inyonei Chinuch
  • Petuchowski, Aaron M. Inconsistency for Good Reason: The Responsa of Rabbenu Gershom

and this guy (note: i don't agree with this page) doesn't have it either, you are going to have to go by the Rishonym who quote the Cheirim/Gezeira.

Upon further thought, there probably was not a formal document. Probably there was a series of Responsa that together became known as the "Gezeira". I'm pretty sure that not being able to divorce a woman against her will was a psak halacha and not a gezeira per se.

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@inSeattle Who is the author of the site you linked? – WAF♦ Dec 28 '10 at 17:33
@WAF it doesn't matter who the (anonymous) author is; the linked page is trying to promote polygyny in the Orthodox world today; that's what @inSeattle is rattling against, I assume. – Shalom Dec 28 '10 at 17:47
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@WAF The website inSeattle linked to is dedicated to using Talmud to demonstrate that Judaism is evil (or something like that). Ironically, to further that goal, they transcribed a great deal of the Soncino translation of the Talmud and made it available on their website, which I've found to be quite a useful resource. – Isaac Moses♦ Dec 28 '10 at 17:56
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The Gezeira of Rabbeinu Gershom was a series of documents(according to the Rishonim and Historians) released by a council that he convened, as the last of the Gaonim to deal with certain issues. They apparently were in existence as some point, in this question I am looking specifically for the texts themselves in the original Hebrew. – mekubal Dec 28 '10 at 19:08
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