[Avodah] pilegish status

[Micha Berger via Avodah]

On Thu, Aug 04, 2016 at 08:54:58AM -0700, saul newman via Avodah wrote:
: http://www.myjewishlearning.com/the-torch/after-10-years-as-an-agunah-and-2-getts-later-i-know-better/
: 
: any validity to this?

1- You would need a woman willing to be a concubine. As RARakeffetR
would say, you can't hide behind a hebrew term and thing about what
you're really saying. An English speaker may not be all that insulted
if called a "chamor", but translate that insult to English...

Ha'aramah doesn't work with deOraisos.

2- The price would be the eradication qiddushin. That's pretty high. Or
to put it another way, every women caught as an agunah because we don't
replace qiddushin with pilegesh is in a sense sacrificing herself for
qedushas Yisrael.

3- There is a machloqes between the Rambam and the Ramban whether the
law of pilegesh only applies to kings. The Rambam limits it. The Ramban
says anyone could have a pilegesh, and he points to pilegesh begiv'ah
-- /someone/ had a pilegesh at a time when "ein melekh beYisrael,
ish hayashar be'einav ya'aseh". I guess the Rambam could say just so,
it was "yashar be'einav" to have a pilegesh -- there is no proof he was
permitted to!

The Rama holds like the Rambam, which I guess would close the door on
the proposal for Ashkenazim. Although RYEmden reopens it (She'eilas
Yaavetz 2:15).

RYE's teshuvah was translated to English by R Geshon Winlkler. You can
see it, and a discussion of the sources at
<http://www.aishdas.org/avodah/faxes/RYE_pilegesh.pdf>.

(I could not find a cheileq 2 on hebrewbooks.org. If anyone can find
a sharable on-line copy of the teshuvah in the original Hebrew, kindly
send the chevrah a link. I am betting many of us don't own one.)

Tir'u baTov!
-Micha

-- 
Micha Berger             When we are no longer able to change a situation
micha at aishdas.org        -- just think of an incurable disease such as
http://www.aishdas.org   inoperable cancer -- we are challenged to change
Fax: (270) 514-1507      ourselves.      - Victor Frankl (MSfM)