Meir’s responsa plus their duplicate away from a responsum by the R
Rabbi Meir b. Baruch away from Rothenburg (Maharam, c.1215–1293) writes one to “A great Jew need to prize his wife more the guy celebrates themselves. If one influences your spouse, one should end up being penalized alot more seriously compared to striking someone. For starters is enjoined to help you honor one’s partner but is perhaps not enjoined so you’re able to honor one another. . In the event the he lasts in the striking their particular, he are going to be excommunicated, lashed, and you will endure the fresh severest punishments, even into the amount off amputating his sleeve. In the event that his spouse try ready to take on a divorce case, he have to separation and divorce her and you will shell out her brand new ketubbah” (Even ha-Ezer #297). He states you to a woman that is hit of the their own partner is actually entitled to a primary split up and have the money due their particular in her relationship payment. Their recommendations to slice off of the hands regarding a chronic beater out-of their fellow echoes regulations in Deut. –12, where the unusual discipline of cutting off a give is used to a woman exactly who tries to help save their own husband inside the a good way that shames this new beater.
So you can justify their https://brightwomen.net/no/spanske-kvinner/ advice, R. Meir spends biblical and you will talmudic question to legitimize their opinions. At the end of that it responsum he covers this new judge precedents for it decision on the Talmud (B. Gittin 88b). Therefore the guy stops one to “in the actual situation in which she is willing to undertake [unexpected beatings], she you should never deal with beatings in the place of a finish in sight.” He points to the point that a digit comes with the potential so you’re able to kill and that if the comfort are impossible, the rabbis need to encourage him to divorce or separation their own out of “their own totally free usually,” in case you to definitely shows impossible, force him so you can separation her (as is anticipate legally [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 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.
not, they were overturned by the extremely rabbis for the later on generations, starting with Roentgen
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).