- Family and Society
- Community Questions
Pilegesh in the modern Era
Question
Shalom
Is there any specific halachic ruling used to forbid a man taking a woman as a pilegesh in the modern era or is it just that it has fallen out of custom? And if someone were to take a woman as a pilegesh wouldnit require a Ketubah and Get if they seperate as R’ Yaakov Emden zs”l seems to suggest?
Thank you
Answer
ב"ה
Shalom
Your question is of far reaching consequences and it would require a treatise to cover the full scope of this subject.
However, to give some perspective, we must immediately say, that the issue of Pilegesh is far from an issue which just has fallen out of custom, but rather one which is brought down in Shulchan Aruch (אבן העזר סי' כ"ו) who sees the option of Pilegesh as an absolute prohibition. The Rema who on the one hand quotes a more lenient position, also quotes a more severe opinion based on the Rambam, Tur, and Rosh, that this is an absolute Torah prohibition "There must not be any prostitutes among Israelite girls " (Devarim 23:18).
The opinion of R’ Yaakov Emden, which you mentioned ( שו"ת שאילת יעב"ץ ח"ב סי' ט"ו ) is a lone opinion, and he himself makes the reservation that only with agreement of the "Gedolei Hador", the great Rabbis of the generation would he actualy allow his opinion to be applied. However, in the 200 years which have passed, no great Rabbis have agreed.
Furthermore, even among the opinions who in certain situations did not find limitations from the Halachic point of view, they found moral reservations such as: it would lead to prostitution, promiscuity, and to the issur of niddah. (שו"ת הרשב"א המיוחסות להרמב"ן סימן רפ"ד) These things which were written more than 800 years are certainly relevant today.
Therefore, a pilegesh cannot be allowed in our time.
שו"ת וזאת ליהודה אבן העזר סימן ז
All the best

involvement of Jews in politics
Rabbi Ari Shvat | Cheshvan 6, 5774

Inviting non religious jews for meals. Why?
Rabbi Yoel Lieberman | Tishrei 8, 5779

Conversion Crisis In Israel
Rabbi Chaim Tabasky | Sivan 27, 5768

Black hats
Rabbi Jonathan Blass | 8 Tevet 5763

Rabbi Yoel Lieberman

Modern laws vs Shulchan Orach
Av 28, 5769

Nusach Eretz Yisrael
Elul 7, 5769

Kashiring a Kettle
Av 30, 5769

L’Dovid Hashem Ori
Elul 11, 5769

non-Shabbos elevator on Shabbat
Rabbi David Sperling | Adar I 2, 5774

non-Shabbos elevator on Shabbat
Rabbi David Sperling | Adar I 2, 5774

Carrying House Keys
Rabbi David Sperling | Sivan 14, 5774

Backyard Eruv
Various Rabbis | 15 Kislev 5763

Alarm Cock on the Three Weeks
Rabbi Yoel Lieberman | Av 4, 5782

If you knew the Mashiach should you alert him and others?
Rabbi Ari Shvat | Av 15, 5782

Early Shabbat Candle Lighting
Rabbi Yoel Lieberman | Av 6, 5782
