Meir’s responsa as well as in their backup out of an excellent responsum by the R
Rabbi Meir b. Baruch out of Rothenburg (Maharam, c.1215–1293) produces that “A good Jew need certainly to prize their partner more he honors themselves. If a person effects your spouse, one should getting penalized alot more seriously than for hitting another individual. For example is enjoined so you can award an individual’s partner but is maybe not enjoined to award each other. . When the the guy persists for the hitting her, he is going to be excommunicated, lashed, and you may suffer the fresh severest punishments, even with the the amount of amputating their sleeve. If his spouse try willing to deal with a divorce proceedings, the guy must divorce case her and you may shell out their the fresh new ketubbah” (Even ha-Ezer #297). He says one a woman who is hit because of the their husband is actually permitted a primary separation and divorce in order to get the currency owed her in her relationships settlement. His advice to chop off of the hand regarding a habitual beater out of his other echoes legislation in the Deut. –several, where in fact the strange abuse from cutting off a hand try applied so you’re able to a woman just who tries to conserve their unique partner in a great manner in which shames the latest beater.
So you can justify his opinion, R. Meir spends biblical and you can talmudic situation to legitimize their viewpoints. After which responsum the guy discusses the new court precedents for this decision regarding Talmud (B. Gittin 88b). Hence he stops you to “even yet in the actual situation in which she is happy to take on [periodic beatings], she usually do not accept beatings instead an end around the corner.” The guy items to the fact that a fist has got the possible to destroy and that if comfort try impossible, new rabbis need so you can encourage him to divorce or separation their own out of “their own totally free have a tendency to,” however, if one proves impossible, force your to divorce or separation her (as is anticipate for legal reasons [ka-torah]).
This responsum is found in a collection of 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 charmdate app 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.
Although not, these were overturned by very rabbis during the after generations, you start with R
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. Israel b. Petahiah Isserlein (1390–1460) and R. David b. Solomon Ibn Abi Zimra (Radbaz, 1479–1573). In his responsum, Radbaz wrote that Simhah “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).