Meir’s responsa as well as in their copy of a responsum by the R
Rabbi Meir b. Baruch from Rothenburg (Maharam, c.1215–1293) writes one “A great Jew need certainly to award their wife over he honors themselves. If one effects one’s partner, you should become penalized more honestly than for hitting someone. For starters was enjoined so you can award a person’s spouse it is perhaps not enjoined in order to honor one another. . In the event the the guy persists from inside the striking her, he can be excommunicated, lashed, and you will experience the newest severest punishments, actually on the amount from amputating their sleeve. In the event that their partner was willing to undertake a divorce case, he have to breakup their particular and pay their the new ketubbah” (Actually ha-Ezer #297). According to him one a woman that is strike of the their own partner are permitted an immediate separation and divorce and also to receive the money due her inside her relationship payment. His advice to cut off the hand regarding a chronic beater from their other echoes the law from inside the Deut. –12, where the uncommon abuse out of cutting-off a hands is applied in order to a woman just who attempts to help save her partner inside an effective way that shames the latest beater.
To justify his advice, R. Meir uses biblical and you may talmudic point so you can legitimize his feedback. At the conclusion of so it responsum the guy covers the fresh courtroom do canadian women have more sex than american women precedents for this decision about Talmud (B. Gittin 88b). Therefore the guy comes to an end one “despite the actual situation where she are willing to take on [unexpected beatings], she do not undertake beatings versus a conclusion in sight.” The guy items to the fact that a finger has got the possible so you can kill and therefore in the event the comfort is impossible, the fresh new rabbis need so you’re able to convince him to divorce proceedings her away from “his personal totally free have a tendency to,” however, if that proves hopeless, push your so you’re able to split up their unique (as it is welcome 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.
Although not, these people were overturned by extremely rabbis for the later 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).