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Meir’s responsa along with his copy out-of a beneficial responsum by R
Rabbi Meir b. Baruch from Rothenburg (Maharam, c.1215–1293) writes one “A good Jew need to prize his spouse more he celebrates himself. If one impacts your wife, you need to feel punished a great deal more seriously compared to striking another person. For example try enjoined so you can honor one’s spouse but is not enjoined so you’re able to award the other person. . When the the guy continues in striking their own, the guy are excommunicated, lashed, and you can endure the new severest punishments, actually on the the amount of amputating his sleeve. If his spouse try ready to accept a breakup, the guy need to breakup their and shell out their the latest ketubbah” (Also ha-Ezer #297). He states one a lady who’s hit because of the their unique partner was entitled to a primary divorce case in order to have the money due their unique in her own matrimony payment. His suggestions to chop from the hand regarding a chronic beater from their other echoes what the law states inside Deut. –12, where in actuality the uncommon abuse of cutting-off a hand try applied to a female which attempts to save yourself their unique husband from inside the a manner in which shames the fresh new beater.
In order to validate their opinion, R. Meir uses biblical and you will talmudic thing to help you legitimize their opinions. At the end of that it responsum he talks about the brand new court precedents for it decision regarding the Talmud (B. Gittin 88b). Therefore the guy finishes that “even yet in the outcome in which she try happy to undertake [periodic beatings], she do not take on beatings in the place of a conclusion around the corner.” The guy points to that a fist has the prospective so you’re able to destroy and that when the tranquility is actually hopeless, the rabbis need in order to persuade him to divorce case their own out-of “their own 100 % free tend to,” however, if one to proves hopeless, force your so you can separation her (as is desired by law [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 https://brightwomen.net/no/varme-kinesiske-kvinner/. 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 were overturned from the very rabbis when you look at the afterwards generations, starting 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).