In his responsum, Radbaz blogged one to Sim
Rabbi Meir b. 1215–1293) produces one to “A beneficial Jew need award their wife over the guy celebrates themselves. If an individual influences an individual’s wife, you ought to getting punished far more honestly compared to hitting someone else. For 1 was enjoined so you’re able to honor your spouse it is not enjoined to honor each other. . If the guy persists when you look at the striking their, the guy will be excommunicated, lashed, and you may experience the fresh new severest punishments, even on the the amount off amputating his sleeve. When the their wife are ready to deal with a splitting up, the guy need to go to this web-site split up their own and you can shell out their unique the fresh ketubbah” (Even ha-Ezer #297). According to him you to a woman that is strike by the their partner are permitted a primary breakup in order to get the money due their unique inside her relationships settlement. Their recommendations to chop off of the give away from a habitual beater regarding his other echoes regulations in the Deut. –a dozen, where in fact the unusual discipline of cutting off a hands is actually used so you’re able to a woman which tries to save yourself her partner during the a beneficial way that shames the new beater.
So you’re able to validate his opinion, Roentgen. Meir spends biblical and you can talmudic thing in order to legitimize his viewpoints. At the conclusion of this responsum the guy talks about the brand new courtroom precedents because of it decision throughout the Talmud (B. Gittin 88b). Therefore the guy concludes that “despite possible in which she is prepared to accept [periodic beatings], she never accept beatings versus an end in sight.” The guy things to the fact that a fist has the potential in order to destroy which if the comfort try hopeless, the latest rabbis should try to help you encourage him in order to breakup their particular away from “their own free will,” however, if one shows impossible, force him to divorce or separation their (as it is acceptance by-law [ka-torah]).
This responsum is found in a collection of R. Meir’s responsa and in his copy of a responsum by R. Simhah b. Samuel of Speyer (d. 1225–1230). By freely copying it in its entirety, it is clear that R. Meir endorses R. Simhah’s opinions. R. Simhah, using an aggadic approach, wrote that a man has to honor his wife more than himself and that is why his wife-and not his fellow man-should be his greater concern. R. Simhah stresses her status as wife rather than simply as another individual. His argument is that, like Eve, “the mother of all living” (Gen. 3:20), she was given for living, not for suffering. She trusts him and thus it is worse if he hits her than if he hits a stranger.
Baruch from Rothenburg (Maharam, c
R. Simhah lists all the possible sanctions. If these are of no avail, he takes the daring leap and not only allows a compelled divorce but allows one that is forced on the husband by gentile authorities. It is rare that rabbis tolerate forcing a man to divorce his wife and it is even rarer that they suggested that the non-Jewish community adjudicate their internal affairs. He is one of the few rabbis who authorized a compelled divorce as a sanction. Many Ashkenazi rabbis quote his opinions with approval. However, they were overturned by most rabbis in later generations, starting with R. Israel b. Petahiah Isserlein (1390–1460) and R. David b. Solomon Ibn Abi Zimra (Radbaz, 1479–1573). hah “exaggerated on the measures to be taken when writing that [the wifebeater] should be forced by non-Jews (akum) to divorce his wife . because [if she remarries] this could result in the offspring [of the illegal marriage, according to Radbaz] being declared illegitimate ( Lit. “bastard.” Offspring of a relationship forbidden in the Torah, e.g., between a married woman and a man other than her husband or by incest. mamzer )” (part 4, 157).