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Marriage and its obstacles in Jewish law : essays and responsa / edited by Walter Jacob and Moshe Zemer
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WALTER JACOB

changed through popular pressure in the Gaonic period(700-110), when clauses protecting the first wife were inserted into the ketu­bah. This method was used particularly by wealthy families to pro­tect the status of their women. Such examples existed in ketubot found in the Cairo Geniza and were cited in Gaonic responsa. They stated that

he may not marry or take during the brides lifetime and while she is with him another wife, slave-wife, or concubine except with her consent, and if he does...he shall from this moment be under obligation to pay her the ketubah in full, and release her by a bill of divorcement by which she shall be free to remarry.

We can conclude that polygamy continued to be accepted in Jewish life when tolerated by the surrounding society. This meant that it was practiced to some extent in the Near East throughout history.

In Christian Europe the decree(herem) ascribed to Rabbenu Gershom (960-1040), prohibited polygamy in Ashkenazic lands; this may have been due to a slow internal development or have brought Jewish practice into line with the surrounding society. Falk and, earlier, Frankel, showed that the decree was in any case part of a long series of steps taken in this direction. The medieval legal discussions of polygamy did not deal with the nature of marriage or the status of women; they mainly treated the exceptions to monogamy that might be allowed in case of childlessness or the Yibbum(levirate marriage to the widow of a deceased brother). Al­though the herem of Rabbenu Gershom prohibited the individual from marrying an additional wife, special permission for exceptions could be provided by one hundred rabbis from three districtsin Other words, in extraordinary circumstances, which will be discussed later. These rulings, along with the nature of the

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