Meir’s responsa along with their backup of an effective responsum by the Roentgen
Rabbi Meir b. Baruch out-of Rothenburg (Maharam, c.1215–1293) produces you to “A good Jew need award his wife more the guy remembers himself. If one influences an individual’s spouse, one should getting punished a lot more severely compared to hitting someone. For one are enjoined in order to prize an individual’s spouse but is not enjoined in order to honor the other person. . In the event the the guy continues into the striking their own, he is excommunicated, lashed, and you may sustain new severest punishments, even for the extent out-of amputating his case. If their partner is ready to deal with a divorce, the guy must divorce or separation their and you may spend their own the latest ketubbah” (Even ha-Ezer #297). He states one to a woman that is hit by the their unique partner was entitled to an immediate separation and divorce also to get the money due her in her own matrimony settlement. His recommendations to slice off the hands regarding a habitual beater regarding his fellow echoes the law within the Deut. –a dozen, where in fact the strange abuse off cutting-off a give try used to a woman exactly who tries to cut their own partner when you look at the a good manner in which shames the newest beater.
So you can validate their thoughts, Roentgen. Meir spends biblical and you can talmudic thing in order to legitimize his viewpoints. At the conclusion of so it responsum he talks about the latest court precedents for it decision about Talmud (B. Gittin 88b). For this reason the guy closes you to “inside the case in which she are ready to accept [unexpected beatings], she don’t undertake beatings without an-end coming soon.” He points to that a thumb contains the possible so you’re able to eliminate and therefore when the peace are impossible, the new rabbis need in order to encourage your to help you breakup their particular regarding “their own totally free often,” in case that proves hopeless, force him in order to divorce proceedings their particular (as it is greeting 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, these were overturned because of the very rabbis during the later on 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.” kissbrides.com next page 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).