In the responsum, Radbaz composed one to Sim
Rabbi Meir b. 1215–1293) produces that “An effective Jew have to honor his spouse over he honors himself. If an individual strikes your spouse, you need to feel penalized significantly more severely than for striking someone else. For example try enjoined so you can prize a person’s spouse it is not enjoined so you’re able to award each other. . If the the guy continues https://kissbrides.com/web-stories/top-10-hot-french-women/ in hitting her, he is going to be excommunicated, lashed, and you may experience the fresh severest punishments, even on the the total amount of amputating his sleeve. In the event that his spouse is actually willing to take on a splitting up, the guy need divorce case her and you can spend her the latest ketubbah” (Also ha-Ezer #297). He says you to definitely a female who is hit by their husband is eligible to a primary breakup and also to have the money owed her inside her matrimony settlement. Their suggestions to cut from the hands out of a habitual beater out-of their fellow echoes legislation inside Deut. –several, the spot where the unusual punishment out-of cutting off a give is actually applied so you can a woman exactly who attempts to help save their particular partner in the an effective method in which shames the new beater.
To justify their thoughts, R. Meir spends biblical and talmudic topic to help you legitimize his viewpoints. At the conclusion of it responsum he covers new judge precedents for this decision regarding Talmud (B. Gittin 88b). Ergo the guy ends that “even in the situation in which she is happy to undertake [unexpected beatings], she try not to deal with beatings without an-end around the corner.” The guy items to that a little finger has got the possible so you’re able to eliminate and this when the tranquility is impossible, the latest rabbis should try to help you persuade your to divorce proceedings their out-of “his very own free often,” however if you to definitely proves hopeless, push your to help you breakup their (as well as greeting for legal reasons [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 away from 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).
