Druckschrift 
Marriage and its obstacles in Jewish law : essays and responsa / edited by Walter Jacob and Moshe Zemer
Seite
210
Einzelbild herunterladen

SELECTED REFORM RESPONSA

and Caro later also prohibited concubines(7ur and Shulhan Arukh, Evan Ha-ezer, 26.1 and 2.6) This prohibition was accepted by most Jews , but not all. Concubines were permitted by many Spanish and Provencal authorities- such as Abraham ben David , Abulafia , R. Jonah A. Nissim, R. Adret, R Asher Meiri, etc.(Ellinson, Op. Cit., p. 54)- although they disagreed of their precise status. Nahmanides also accepted concubines(Responsa,#284, commentary to Gen. 25:6), although he warned against the moral evil involved Concubines were discussed in the Middle Ages among both Sefardic and Ashkenazic Jews , and were often considered outside the herem of R. Gershom (1zeida Laderekh 111,#1, 2; Adret, Responsa, vol. 1,#1205, IV,#314; Rabbenu Nissim,#68; Asheri,#37.1; Meir of Padua,#19: Shulhan Arukh, Even Ha-ezer 13.7; Otzar Haposkim, Even Ha-ezer 26 3fY). [sserles permitted concubines as long as they were careful about mikveh(Isserles to Shulhan Arukh, Even Ha-ezer 26.1). Most authorities previously cited based their prohibition and cautions on the Deuteronomic law prohibiting prostitution in Israel (Deut. 23:191f; Lev. 19:29, 21:9)

The general mood of the Rabbinic authorities was to prohibit concubines or accept them only reluctantly. The latter position was partially the result of embarrassment about Biblical concubines. Concubinage was further restricted by the herem of Rabbenu Gershom (Shulhan Arukh, Even Haezer 1.10; Arukh Hashulhan 1.23) This ordinance prohibited the individual from marrying an additional wife, unless special permissions were provided by one hundred rabbis from three districts. It also prohibited a husband from divorcing a wife against her will. This ordinance has continued in force for Ashkenazic Jews , but was not made universally effective among Sephardic Jews until 1950(Ben Zion Schereschewsky Dinei Mishpahah, pp. 72ff) These decrees and their legal interpretations virtually eliminated concubinage. An exception to the general prohibition of concubinage