[Avodah] Authority of Cherem deRabbeinu Gershom

[Micha Berger via Avodah]

AhS EhE 1:23,25 etc... refers to taqanos or gezeiros passed by Rabbein
Gershon meOr haGolah and his contemporaries. Not the idiom I heard in the
past, "cheirem deR' Gershom" -- not even the same last letter on the name.

Since this was well after the last beis din hagadol / Sanhedrin (so
far), we have discussed in the past where the authority to pass such
laws came from. My own suggestion revolved around them being charamim
for anyone who... rather than direct issurim. But the AhS would be more
medayeiq to call them charamim if he thought that was a critical part
of the mechanism.

But here is something that had me wondering all over again.

AhS EhE 119:17... The question is how a gett given without the wife's
agreement would be valid if one holds "i avid lo mahani" (like Rava).
And yet the Rama says "avar vegirshah ba"k" he is an avaryan (and thus
in nidui) until she remarries. One it can't be fixed, because he cannot
remarry his gerushah anymore, the nidui is removed.

But the AhS writes, if this is true for a derabbanan (Kesuvor 81b)
*kol shekein* dChdR"G hu kemo qarov le'isur Torah.

Without explaining why.

And I can't even figure out how it has the authority to be more than minhag
altogether...

:-)BBii!
-Micha

-- 
Micha Berger             If you're going through hell
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