Jerusalem – The Chief Judge of the Jerusalem Rabbinical Court and a Sephardic Rabbi in Israel has ruled that the taking of a concubine is an act that in certain instances is permissible by halacha, the code of Jewish law.
Subscribe to our Daily Roundup Email
Rabbi Eliyahu Abergel, a Talmudist who has published dozens of books and thousands of responsa on Jewish law, wrote in his recent publication Divrot Eliyahu (Eliyahu’s Words) that a man prevented from having children, whether because his wife refuses to procreate or because she is unable to, may take a concubine with whom to procreate, because his first wife is “preventing him from building a family and spreading his seed,” adding even that “the concubine may also live with the couple.”
According to some Jewish legal definitions, a concubine is a woman who does not receive a kesuba, or marriage contract, from her husband, emphasizing the difference in social and domestic status between the main wife and the concubine, considered a mistress.
The 64 year old Rabbi Abergel is by no means a fringe voice, holding the title of Chief Judge of the Jerusalem Rabbinical Court and heading the Tzuf Dvash rabbinical school in Jerusalem. Rabbi Abergel was also a previous contender for the title of Sephardi Chief Rabbi of Israel, a position that eventually went to Rabbi Shlomo Amar in 2003.
It is unclear if concubinage is practiced significantly in communities in Israel, or if it will increase based on the new ruling. However, Rabbi Abergel does relate that his ruling had practical implications for a head of a major Jewish institution, who was allowed to take a concubine after learning his first wife could not bear children.
Polygamy in its many forms has been a hotly contested subject of debate in centuries of Jewish law, most notably under the ban instituted by Gershom ben Judah’s synod of circa 1000 CE. The current ruling is specific to those whose childbearing attempts have been frustrated, and is additionally localized to Sephardi Jews, who have divergent legal customs from their Ashkenazi counterparts. Sephardi and Ashkenazi traditions are sufficiently different to necessitate a separate post of Chief Rabbi in Israel for each of the two traditions.
Uh-oh, that’s all some need to hear to justify their amoral inclinations.
The Rambam prohibits concubines, but the Raavad allows. See the beginning of Hilchot Ishut.
In any event, he is either going with the Raavad (allowing concubines) or the Rambam and having the concubine to really be a second wife (with kiddushin and ketuba). If she is halachically a wife, then she must be called a “concubine” as western countries don’t allow polygamy.
Ok, where do I sign up?
Do they have a Jewish online dating service?
Oh, shucks. I forgot – I’m an Ashkenazi.
How sweet. Now, may a woman take a second husband, or male concubine if her husband proves infertile?
Do I hjave to become a Sfard with the 30 days of Slichos to get one of these?
How about just getting a surrogate to carry your own child and get a test tube created birth by the science field? Maybe that would be more “clean”.
Makes sense it now takes two fathers-in-law to support.
At least this will solve the shidduch crises!
Why would a self-respecting woman agree to such an arrangement?
Don’t you think the “man” should be tested to see that perhaps (perish the thought) it can be his fault???? I personally know 2 couples who were childless and after about 12 years, they each went their separate ways–no accusations. Lo and behold they all got married again and in both cases the women went on to have children and the men did not. Avraham Avinu took a concubine and look what happened. I think this “rabbi” should be put in cheirim
What happened to Rabbeinu Gershon???
Sounds like a perfectly logical solution to the problem of childlessness, especially a “wife refuses to procreate.” And the institution of concubine / shfcha / pilegesh is as old as Jewish people.
So the Ruv is encouraging mamzerin.
In greater than 50% of infertile couples, it is actually the MALE that is infertile, and additionally, male infertility is on the rise while female infertility remains constant. So I like comment #4 .
They need injections with an anti-testerone medication to lower the hormonal level.
Yaakov avinu was a genius…4 wives and only one father-in-law!
he is mater it only in the case when the man cannot have children with his wife
This is all very confusing—I thought that some authorities maintain that if a man and a woman are living together, then they are considered married and the woman needs a get if she wants to marry or live with another man. Therefore, how can we call this woman anything else but an eishet ish?
Also, why would any woman want to be just a concubine? Would the esteemed Rabbi Abergel be happy if one of his daughters became one? I doubt it.
I don’t agree with him, but a little kavod haRav would still be in order. If we Jews didn’t have differences of opinion, the gemara would be one thin volume, but nobody called people names like that.
So is this rabbi ready to take upon himself all the aveiros from those who will find a heter for their affairs outside of marriage? U can be sure that these lowlifes will find a reason why they are allowed. Who will be responsible for the shalom bayis issues this will cause?
Great idea…because the Torah is simply filled with wonderful outcomes of these types of relationships. What could possibly go wrong?
No Ketubah??? DOes she have to live in the same house or just visitation?? To come out publicly with this will encourage and validate infidelity
Hashem allowed his name to be erased for the sake of shalom bayis, but apparently that’s not as important as men obtaining concubines. I’m sure the wife, dealing with infertility, is totally thrilled at this development. In other news, the Mormons are on board with this plan.
The reason we no longer have polygamy is that women will not put up with it. Our sensibilities have changed lo these 1000 years
There is a story going around here in EY about a well-known chasidishe rebbe in Yerushalayim who was caught in the middle of the night last week with a naked woman. He has apparently ‘fessed up and asked mechila. Now I understand the story; she was just a concubine – no problemo. (But there is still the problem that he is Ashkenazi – – – I’ll ask a shailah.)
If you want to see what this leads to, look at Muslim men who have more than one wife. Not the super-rich oil sheiks but regular guys. They are chronically short of cash. Many of them sneak from one house to the other. Their wives are very quick to jump on any imagined slight or favoritism. When the wives quarrel the husband will be caught in the middle.
It’s not worth it.
Why do I need him to be matir this?
It’s a machlokes in the Rema in Evan HaEzer, based on the rov rishonim that hold it’s muttar.
Only a few rishonim assur this, and the Rema is not machria, but since he lists this in the first of the two Yesh Omrims, we paskin it is muttar!
Even the Rash, who holds that it’s assur, holds that it’s assur because the woman will be afraid to tovel, but l’maaseh, if it becomes matzui, there’s nothing to worry about.
The Yaavitz has a famous tshuvah about this where he gets upset at the frumme world for asuring it.
There is so much stupidity and outright silliness in this thread. I barely know where to begin.
1) This will not product mamzerim unless the concubine also happens to be married to someone else. And then who cares if she’s a concubine?
2) ActualJew makes no sense, as this is a ruling from a Sephardi Rav for Sephardim. Halachah does not forbid taking of multiple wives or concubines. Dovid Hamelech had them, as did Shlomo. Are you going to claim they were Muslim?
3) Anonymous makes no sense when he claims this will lead to infidelity. If anything, it provides legitimacy to the arrangement. I am sure there is no heter given when the wife does not agree.
4) Brooklyn Mom is emotional and illogical. There’s no reason to believe that the heter would be given to a man who is known to be infertile. And saying that the Rav should be put in Charem for allowing Jews to live by Halachah is so idiotic I have to wonder if she even knows what Charem is and what it’s for.
5) Devorah, like several others, assumes that this heter allows the man to make a unilateral decision. That ASSumption is so silly that we can tell where Devorah and all these other women are keeping the minds.
Every few years this discussion makes its way to the headlines, when some Rav or Posek ‘discovers’ that there are opinions that permit concubines or polygamy.
But before I educate you all. Please Note there are TWO distinct issues.
The issue of concubine (Pilegesh), is a woman with a different status than a wife, who is strictly monogamous, something like a mistress. There is a discussion among the Rishonim as to whether there is Kiddushin and Kesuba in this union or not.
RambaM – permits for kings only (melachim chapter 4:4) **
** Kesef Mishne, Lehem Mishne, Radvaz, ibid
Ra’avad -Permits it for all (Ishus 1:4)
RambaN- permits it for all (Kisvei RambaN letter to Rabbeinu Yona)
Riva’sh- deals with Rambam’s approach and forbids it stating that the Concubine is prohibited once the rabbis forbade Yichud, as Pilegesh is included. He cites as proof the fact that Pilagshim (concubines) were not encountered after the Reign of Shlomo Hamelech (king Solomon). As David Hamelech was the one who imposed a ban on Yichud, and a pilegesh is considered ‘penuya’ (single/unattached/unmarried).
All however agree this woman must adhere strictly to the laws of family purity.
The second issue is the issue of taking more than one wife.
Taking more than one wife was banned by Rabbeinu Gershom over one thousand years ago. His ban was only for the communities who followed him and only until the year 5000 of creation (which means it has since expired). However many descendants of those communities chose, as a matter of ‘Minhag’ (custom) to continue in the tradition of Rabbeinu Gershom and have not engaged in the taking of multiple wives. All true for European (Ashkenazi Jews).
However, Jews living in Arab (North africa, Iran, Iraq, Syria lebanon, Spain at that time) lands never adopted the ban and where never subjected to it. In fact, as our brothers from Yemen can attest to, they had multiple wives back home even in this century (well, the 1900’s) The state of Israel chose to outlaw polygamy, although the Bedouins still engage in polygamy and the government turns a blind eye.
The fact is most Rabbis in the Talmud had one wife, and it seems most medieval Rabbis also had one wife. Adam only had one wife, Noach had one wife as did Abraham, Isaac, Yosef, Moshe, Aharon etc.
Firstly, when it comes to relationship between genders a lot of frum people adapted Christian very conservative point view. When one learns classic Jewish sforim,
actually Judaism is more balance about these things.
Secondly, maybe back in the day polygamy worked. Nowadays, due to damage done by feminism, only meshugana would want more than one wife. Back in the day polygamy kept nagging & other things under control, nowadays women are smart and will gang up on poor man!
The inferior status of women in the Torah is becoming more and more apparent as the Haredim and religious Sefardim are getting bolder.
Having your husband cheat in a halakhically acceptable way is far from dignified. It actually makes a shmatte out of a woman.
So now we have a real femenazi posting on VIN. I guess it was just the matter of time.