Meir’s responsa and also in his copy from a responsum from the R
Rabbi Meir b. Baruch away from Rothenburg (Maharam, c.1215–1293) produces one to “A great Jew must honor their wife more he remembers themselves. If a person strikes your partner, you will need to be punished way more really compared to striking another individual. For starters are enjoined to prize your wife it is maybe not enjoined to award the other person. . In the event the he persists in striking their particular, he would be excommunicated, lashed, and you will experience the brand new severest punishments, even with the the quantity regarding amputating their sleeve. Estonca kadД±nlar iГ§in bir AmerikalД± erkekle evlenmek If the their partner was happy to deal with a divorce or separation, the guy need breakup their own and pay their unique the fresh ketubbah” (Actually ha-Ezer #297). According to him you to a woman who’s strike by their spouse are entitled to a primary breakup also to get the currency owed their unique within her wedding settlement. Their advice to chop from the hand regarding a habitual beater out-of their other echoes the law within the Deut. –several, the spot where the uncommon punishment off cutting off a give try used so you’re able to a woman just who attempts to conserve their particular husband inside the a good manner in which shames the fresh beater.
To validate their thoughts, Roentgen. Meir uses biblical and you may talmudic situation to help you legitimize his feedback. At the conclusion of so it responsum the guy discusses brand new legal precedents because of it choice regarding Talmud (B. Gittin 88b). Hence he concludes one “even yet in the actual situation where she are ready to take on [unexpected beatings], she never take on beatings in place of an-end coming soon.” The guy points to the fact a little finger comes with the potential so you’re able to destroy and that when the comfort is actually impossible, the fresh rabbis should try to convince him to divorce their particular from “his own 100 % free usually,” however if you to demonstrates hopeless, force your so you’re able to divorce case her (as is invited 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 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.
But not, these people were overturned of the very rabbis when you look at the afterwards 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).