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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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4 Answers

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The earliest printed sources that mention the bans of Rabbeinu Gershom ben Yehuda, one of which is the ban on polygamy, appear to be the Machzor Vitry (§575) and two teshuvot of the Maharam of Rotenberg (§153 and §1022). A much easier source to find (and read) is the anonymously-authored Sefer Kol Bo, which was probably composed in the 14th century. There you will find a section entitled דין תקנת רבינו גרשום וגזרת קדמונים ז"ל (Sefer Kol Bo §116; in modern editions, Volume III:5). Within that section is the following ruling:

והחרם ששם רבינו גרשון, שלא לישא שתי נשים, אין להתירו, רק במאה אנשים, מג' קהילות, ומג' ארצות, כגון ארגו"ן [ארגו"ב], למברדי"א [נורמנדיא"ה], וצרפת. גם הם לא יסכימו, עד שיראו טעם מבורר להתיר, וגם באותו ענין שתהא מבורר

The sections in parentheses reflect what is found in the mss. My translation is as follows:

And as for the ban that Rabbeinu Gershon [sic] enacted, that one may not marry two women, this may only be undone with one hundred people, from three communities [kehillot] and from three lands - such as Aargau (??), Normandy and France. Even they may not agree unless they see a clear reason to undo it, and in only those areas where they can so explain it.

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Argonne and Lombardy? Or, accepting the brackets, perhaps Argœuves?? In any event, I don't see how this answers the question, which seeks what Rabenu Gershom issued. – msh210♦ Jul 15 '12 at 5:11
True, but for that you'll have to look up the Machzor Vitry or the Maharam's responsa - neither of which I have access to, myself. Searching around for information on this led me to suppose that they are the earliest printed references to the takanah. I don't think that there IS anything written by Rabbeinu Gershom himself... – Shimon bM Jul 15 '12 at 5:16
And good job on Argonne. I don't mind if you want to make that an edit: the only reason I'm not doing so is because I don't see how it's a different "land" to that of France... As for Normandy, I only chose that over Lombardy because I prefer to favour the mss tradition over that of the printed versions. – Shimon bM Jul 15 '12 at 5:18
up vote 8 down vote

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. – Rabbi Michael Tzadok 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. – Rabbi Michael Tzadok Dec 27 '10 at 19:41
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up vote 3 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
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. – Rabbi Michael Tzadok Dec 28 '10 at 19:08

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