Does anyone know where I can find the actual text of the Gezeira of Rabbeinu Gershom? It keeps popping up in my learning, but only as being referenced, I would like to read that actual text.
Answer
The earliest printed sources that mention the bans of Rabbeinu Gershom ben Yehuda, one of which is the ban on polygamy, appear to be the Machzor Vitry (§575) and two teshuvot of the Maharam of Rotenberg (§153 and §1022). A much easier source to find (and read) is the anonymously-authored Sefer Kol Bo, which was probably composed in the 14th century. There you will find a section entitled דין תקנת רבינו גרשום וגזרת קדמונים ז"ל (Sefer Kol Bo §116; in modern editions, Volume III:5). Within that section is the following ruling:
והחרם ששם רבינו גרשון, שלא לישא שתי נשים, אין להתירו, רק במאה אנשים, מג' קהילות, ומג' ארצות, כגון ארגו"ן [ארגו"ב], למברדי"א [נורמנדיא"ה], וצרפת. גם הם לא יסכימו, עד שיראו טעם מבורר להתיר, וגם באותו ענין שתהא מבורר
The sections in parentheses reflect what is found in the mss. My translation is as follows:
And as for the ban that Rabbeinu Gershon [sic] enacted, that one may not marry two women, this may only be undone with one hundred people, from three communities [kehillot] and from three lands - such as Aragon, Normandy and France. Even they may not agree unless they see a clear reason to undo it, and in only those areas where they can so explain it.
According to the biography on Rabbeinu Gershon found in his Responsa, the most complete list of his takanot is found at the end of a hand written manuscript of Talmud Bavli from Munich (Shtark Leiden Collection 1912). It opens with the words, "These are the takanot of Rabbeinu Gershom, Meor HaGolah, N'E".
In those responsa is one letter dealing with a question from an individual who actually married two women. In the notes quoting the Sefer Ohr Zarua, it says that Rabbeinu Gershon's decree was not a blanket ban for all situations.
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