Yesod HaBriah: Why Monogamy is Yeshua’s Halacha

My wife and I at our wedding.

Yesod HaBriah: Why Monogamy is Yeshua’s Halacha
By
James Scott Trimm

One of the halachic principles which distinguished the Essenes from the Pharisees (whom the Essenes termed “Wall Builders”) was a principle the Essenes called “Yesod HaB’riah” (The Principle/Foundation of Creation).

The Pharisees were divided on the issue of divorce. The House of Shammai allowed divorce only in the case of an “unclean matter” (adultery) while the House of Hillel allowed divorce even if the wife only spoiled a dish, and Akiva stretched this to allow a man to divorce his wife because he found a prettier one (m.Gittin 9:10)

The Essenes said the Pharisees had fallen into a trap of Belial saying:

They are caught in…Fornication, by taking two wives
in their lifetime although the Principle of Creation (Yesod HaBriah)
is “male and female He Created them” (Gen. 1:27) and those who
entered the ark “went into the ark two by two” (Gen. 7:9). Concerning
the Leaders it is written “he shall not multiply wives to himself” (Dt. 17:17)
(Damascus Document 4,20-5,2)

The Essenes were accusing the Pharisees of effectively practicing polygamy in allowing divorce so easily, and in doing so, violating the Yesod HaBriah.

No doubt Messiah is citing Yesod HaBriah (The Principle of Creation) when he has the following halachic debate with a group of Pharisees:

19:3 And the P’rushim approached him, and tempted him,
saying, “Is it right for a man to put away his wife for every cause?”
19:4 And he answered and said to them:
“Have you not read that he who made man the beginning,
‘made them male and female’ (Gen. 1:27)
19:5 And said,
‘Wherefore shall a man shall leave his father
and his mother, and cleave to his wife, and the two shall become one flesh’ (Gen. 2:24)
19:6 And now then, they are no more two but one flesh
only. What therefore Elohim has joined together man cannot separate.”
19:7 But they said,
“And why then did Moshe then command
to give a bill of divorcement, and to put her away
if she was not pleasing in his sight?” (Deut. 24:1, 3)
19:8 And he answered them and said,
“Because Moshe on account of the hardness of your hearts,
allowed you to put away your wives,
but from the beginning it was not so.
19:9 And I tell you,
every man that has put away, or shall put away his wife,
except it be for fornication, and takes another,
commits adultery. And whoever takes the divorced also
commits adultery.
(Mt. 19:3-9)

Notice that divorce and polygamy equally fall under the violation of the Yesod HaBriah. Neither actually violates the Torah itself, but both violate a halachic principle which is preferred.

Notice that Yeshua treats divorce as a last resort, which YHWH does not forbid, but does discourage. YHWH recognized that divorces happen in society and thus the Torah regulates divorce. The Torah does not encourage divorce, and certainly does not find it a blessing, because it violates the Yesod HaBriah (Principle of Creation).

Polygamy, like divorce, violates the Yesod HaBriah. The Torah does not forbid polygamy, it recognized that polygamy was practiced and thus regulated it. The Torah did not encourage polygamy, and certainly does not find it to be a blessing, because it violates the Yesod HaBriah (Principle of Creation).

Now imagine a leader in the movement wrote a book encouraging men to divorce their wives because they found prettier women, or because their food was not cooked to suite them. Imagine that the book called this a “shocking freedom” and a blessing even for women. Imagine the leader sends out an email soliciting pretty women to match with these men who are ready to divorce. Imagine he changes the whole focus of his ministry to promoting divorce to find prettier women. What would you expect the Overseers to do?

Just as divorcing a wife for a prettier woman violates the Yesod HaBriah, so does Polygamy. While polygamy does not violate the Torah, it does violate the Yesod HaBriah. A leader within the movement who encourages polygamy should be treated just as one who encourages divorcing wives for prettier women, and solicits pretty women to step into the dissolved marriages.

Yeshua’s Halacha, was for monogamy and against polygamy, and that therefore, is Nazarene halacha.

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