Within his responsum, Radbaz authored one to Sim
Rabbi Meir b. 1215–1293) writes you to definitely “A beneficial Jew need to award their wife over he remembers themselves. If an individual strikes a person’s spouse, you should feel punished alot more severely compared to hitting someone else. For example is actually enjoined so you’re able to prize your wife it is perhaps not enjoined so you can honor each other. . If the the guy continues for the hitting their unique, the guy shall be excommunicated, lashed, and sustain the severest punishments, actually into the quantity from amputating his arm. When the their wife was willing to accept a separation and divorce, he need to separation and divorce their own and you will spend their unique the fresh ketubbah” (Even ha-Ezer #297). He states one to a female who is strike by their unique partner is actually entitled to a primary separation and receive the money owed their own in her own relationships settlement. https://kissbrides.com/web-stories/top-10-hot-bolivian-women/ His suggestions to slice off the hand of a habitual beater off his fellow echoes what the law states into the Deut. –twelve, the spot where the unusual discipline off cutting off a hand was applied so you can a female exactly who attempts to help save their particular husband inside the a manner in which shames the newest beater.
So you can justify their thoughts, Roentgen. Meir spends biblical and you can talmudic procedure to help you legitimize his views. At the end of that it responsum he talks about the newest legal precedents for it decision in the Talmud (B. Gittin 88b). Hence he closes you to “even yet in the case where she are willing to take on [periodic beatings], she try not to take on beatings rather than a conclusion around the corner.” The guy what to the truth that a digit has got the potential to help you eliminate and therefore when the comfort are hopeless, the brand new rabbis should try so you can convince your so you can splitting up their unique regarding “his own totally free often,” in case that demonstrates impossible, push him so you’re able to breakup their unique (as it is allowed 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).