In the responsum, Radbaz blogged that Sim
Rabbi Meir b. 1215–1293) writes you to definitely “A Jew need honor his partner more than the guy honors himself. If one affects an individual’s wife, you ought to end up being kissbrides.com hop over to here punished a great deal more really than for hitting another individual. For starters is enjoined to help you honor a person’s partner but is maybe not enjoined so you’re able to honor each other. . In the event the the guy continues within the hitting her, the guy is excommunicated, lashed, and you can sustain this new severest punishments, even with the the amount away from amputating their sleeve. If the their spouse try willing to undertake a split up, the guy need to divorce case their unique and shell out their unique the fresh new ketubbah” (Even ha-Ezer #297). He states one to a woman who is hit of the her partner are eligible to a direct divorce case in order to have the money owed their unique in her relationship payment. Their advice to chop off the hands off a habitual beater out of their other echoes regulations into the Deut. –a dozen, where in actuality the unusual discipline from cutting-off a give is applied so you can a lady who tries to rescue their own spouse within the good way that shames this new beater.
To justify their viewpoint, R. Meir spends biblical and talmudic situation so you’re able to legitimize their feedback. At the conclusion of so it responsum he discusses the brand new judge precedents because of it decision from the Talmud (B. Gittin 88b). Hence the guy stops one “even in the way it is where she is willing to accept [unexpected beatings], she usually do not accept beatings without a finish coming soon.” He points to the reality that a finger provides the potential to destroy which in the event that tranquility are impossible, the fresh new rabbis need to help you persuade your to help you divorce case her out-of “their own 100 % free will,” however, if one proves impossible, push him in order to divorce her (as well as welcome 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 out of 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).
