To elaborate the question of "Can-a-jew-be-polygamous".

If a married Jew makes Kosher second Kiddushin:

  1. Do they hold legally (קידושים תופסים, she's married and needs a Gett to be divorced)?

  2. Can the husband be legally intimate with her?

  3. Is he a subject to lashes or other Bet Din punishment?

  4. Does the court force him to divorce either wife?

  5. Is there a difference b/w the Ashkenazi and Mizrahi traditions?

  6. Does it matter in which country the second Kiddushim are made?

  7. Most intriguing, as there are many theoretical Halachic views and opinions, what would be done practically in the case that it would happen in Jerusalem for an unaffiliated Ashkenazi Jew?

  • Re #7, how do you know there are many views until you see the answer? and this subquestion seems to be covered by the preceding six.
    – msh210
    Commented Sep 23, 2018 at 12:27
  • 1
    Was there ever a Cherem on Kiddushin without Nissuin?
    – Double AA
    Commented Sep 23, 2018 at 12:27
  • 2
    קידושין תופסים איך שיהיה. החרם לא ביטל את החלות של הקידושין
    – kouty
    Commented Sep 23, 2018 at 13:21
  • Let me see if I understand you correctly: According to Ashkenazim anywhere, and Sefardim in a country that outlaws polygamy, does the d’Oraisa marriage override the d’Rabbanan of Rabbeinu Gershom or Dina d’Malchusa, or do we apply כל המקדש אדעתא דרבנן מקדש and uproot the Kiddushin? According to the first side, the answer to #1 is yes, and therefore the remaining questions are yes, no, no, yes, only according to Sefardim, and according to the second side, the answers are the opposite. I’m not familiar enough with the laws behind #7 to pose an opinion. Am I understanding your question correctly?
    – DonielF
    Commented Sep 23, 2018 at 18:47
  • @DonielF You are very right. I didn't want to direct the answers, giving them this facts 1. the Herem does not invalidate the Kiddushin 2. כל המקדש אדעתא וכו'. So there's a contradiction between the two. How it is resolved?
    – Al Berko
    Commented Sep 24, 2018 at 18:40

1 Answer 1


Do they hold legally (קידושים תופסים), she's married and needs a Gett to be divorced)?

Yes. The Cherem D'Rabeinu Gershon only forbids such a marriage, doesn't invalidate it. The questioner explained in a comment that he was asking from a perspective of כל המקדש אדעתא דרבנן מקדש, which should therefore invalidate the Kiddushin. This is clearly not the case, because we pasken קידושין תופסין בחייבי לאוין ועשה, although they are forbidden. Except for the specific cases where we find אפקעינהו רבנן קידושין מיניה, a rabbinic prohibition will not invalidate the Kiddushin.

Is he a subject to lashes or other Bet Din punishment?

No. This is a takannas hageonim, from after the chasimas hatalmud.

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