Napoleon's Sanhedrin and the Halakhah 19
Yehiel(1250-1328) in his code. We can see from the contemporary responsa of Solomon ben Aderet (1235-1310) that it was not accepted in Spain and the Provence ."
Polygamy was, therefore, almost eliminated in northern Europe while it continued in the Muslim dominated lands of the Mediterranean. When we view polygamy in the Islamic society, we find it taken for granted with virtually no statements about the ideal of monogamy. There were no successful effort to eliminate polygamy in Muslim dominated societies.
Despite the force of this decree, it was not seen as an absolute ban on polygamy in the Ashkenazic lands and in the border areas where Sephardic customs were followed by some communities. Exceptions were permitted, albeit seldom. However, the fact that other ways of dealing with the exceptional circumstances outlined below were not used, indicated a reluctance to move decisively in this direction. Other remedies could have been found for every instance in which polygamy was invoked, but this was not done.
The various discussions of the herem dealt with four instances in which polygamy could be permitted even in lands where it was normally not practiced. These were levirate marriages, a wife’s barenness, the insanity of a wife, and special instances of the improper conduct of the wife.
Let us begin with the levirate marriage which represented a major area of concern through the ages; yibbum(levirate marriage to the widow of a deceased brother) was intended to assure that his lineage would continue. The widow could release her brother-in-law through the ceremony of halitza®”. In the Sephardic lands naturally, yibbum continued to be practiced and so led to numerous cases of polygamy; it