Profile Rabbi Dovid E. Eidensohn

Saturday, January 12, 2019

How to Read and Understand Exactly What Rambam Meant


To Read Rambam

Dovid Eidensohn

We want here to understand how to read and understand what the Rambam wrote in Mishneh Torah, his great commentary on the basic laws of the Torah.[1] We have selected a particularly difficult passage in the Rambam which seems to fly directly into the teaching of the Vilna Gaon and the Ramban, the greatest authorities[2]. These two greats teach that the Rambam approves of Jewish marriage not only with Kiddushin which is customary but also with Pilegesh. The Vilna Gaon even proves his point by showing a gemora in Sanhedrin 21A that permits marrying with Pilegesh. But the Rambam in the laws of Melochim seems to say just the opposite, namely, that only a king may marry a Pilegesh, not ordinary Jews. The question is dynamite.[3]

This is the Rambam there, “And the king may take from all of the Jews women and Pilagshim. Women with a Kesubo and Kiddushin, and Pilagshim with no Kesubo and no Kiddushin, but by establishing a marriage he obtains her and they are married. But ordinary Jews are forbidden to marry a Pilegesh, other than the Omo Hoivriah [a woman given by her father who has no money to a man who will accept her in his house as a servant and marry her or give him to his son, so she is not left alone in a house without marriage where men will abuse her].”

Yes, the question is explosive. The Rambam clearly writes, “An ordinary man may not marry a Pilegesh” and this defies the gemora quoted by the Vilna Gaon, his stated opinion, and that of the Ramban, both who clearly permit Pilegesh.

I wish to say that I received in writing from the Geonim Reb Moshe Feinstein and Reb Yaacov Kaminetsky both zt”l that they know me as one who can plunge deep into deep Torah commentaries and reveal new light. And now I will try to do that here.

First of all, we refer to what we quoted footnote #1 above, the Teshuva of Ramo in the name of Rabbi Eliezar Ashkenazi, who had new ways of understanding Rambam. How can that be done here? If Rambam says clearly only a king may marry a Pilegesh, how can this be resolved with the gemora, Vilna Gaon and Ramban, if they all say a Pilegesh is permitted to a simple person who is not a king?

It seems that the Ramo had exactly the same problem that we have. The Mishneh in Nedarim 90b says clearly that a woman after the earlier phases of the Mishneh when women would never lie about their husbands were suspected of lying in order to find a better husband and would lie about their husbands. Therefore, the Mishneh itself declares that from now on, hundreds of years before Rambam, women could not force a GET from their husband. But there are those who say that Rambam does permit a woman to force a GET. Ramo quotes Rabbi Eliezar Ashkenazi that this question is asked by major authorities but they simply didn’t know how to read the words of the Rambam. He read the exact words of the Rambam and showed that these great rabbis simply didn’t know how to read the Rambam correctly.

The Mishneh does not say that no woman could force a GET. It says that if a woman demands a GET she is not believed because she might be lying to get a better husband. But the Rambam never mentions the word “divorce.” The wife in his teaching is a woman who stays in her husband’s house, does the dishes, raises the children, and never mentions a GET. She only tells the husband to stay away from her in marital relations. The Rambam adds, however, a critical word that nobody comments on, the word shaato meaning the husband is given time to straighten out the marriage.[4] This word indicates that Beth Din will find out what is going on in the house. Is the husband treating his wife properly, or not? Therefore, a period is set by the husband who is told, “Fix up your marriage, or give a GET. You have one month or whenever the Beth Din says.” If the husband fixes the marriage and the marriage begins to function properly, fine, if not, a GET. And this is exactly what the Mishneh wanted to teach, so the problem is solved.

But what is the solution here with Pilegesh? Again, what extra word did Rambam put into his statement in Melochim?  OMO HOIVRAH. So what? That is the key. When I stared at it a while, a light came into my dull head. This is it! How can Rambam say that a woman sold as a slave may become married without Kesuba and Kiddushin as a Pilegesh, but that no normal man may do it? What kind of logic is that? A slave woman has more rights than regular women and men? That is ridiculous. Okay, it is ridiculous. But what is the logic that a slave woman has more rights than regular women or men? Then I finally figured out the solution to the puzzle. Rambam only allowed a king to marry a Pilegesh, but regular men could certainly marry a Pilegesh. The woman sold by her father as a slave was a Pilegesh but she was not married willingly. Her father sold her. Such a woman is a Pilegesh who can marry a man who is not a king, and the king may marry any woman, as long as she does not marry willingly, but because a king just took her, or her father sold her.

I conclude this by returning to the source of it all, the Ramo’s teshuva 91 by Rabbi Eliezar Ashkenazi. At the end of the lengthy study there, it brings important and exciting ideas about divorce and forced divorce, but none of them is permitted without the permission of great rabbis. Incidentally, even Ramban and other great rabbis only permitted Pilegesh if a prominent rabbi is in control of the marriage, not if two plain people just shack up. If anyone is interested in Pilegesh they can contact me, as I have semicha from the greatest Rabbis of Europe and Israel, Rabbi Moshe Feinstein, Rabbi Yaacov Kaminetsky, Rabbi Yosef Shalom Elyashev (to pasken Gittin using his name) and others. A Pilegesh marriage has no Kesubo and no Kiddushin and each can leave when they want. But if anyone violates the marriage, that is the end of it. People who want Pilegesh must first get permission from the senior rabbi and maintain the rules or it is over.





[1] Based upon Teshuva of Ramo #96 and Rabbi Eliezar Ashkenazi there
[2] Shulchan Aruch Even Hoezer 26:1 Gro #6
[3] See Rambam Melochim Kings
[4] See Rambam Mishneh Torah Noshim 14:8

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