In the responsum, Radbaz published you to definitely Sim
Rabbi Meir b. 1215–1293) writes one “A great Jew need award his partner more the guy honors themselves. If a person impacts a person’s wife, one should be punished so much more honestly than for striking someone else. For example was enjoined to prize an individual’s spouse it is not enjoined in order to award one another. . In the event that he lasts for the striking their particular, he will be excommunicated, lashed, and you can suffer new severest punishments, even attractive half Arabian women towards the the amount away from amputating their arm. In the event that his partner is ready to deal with a divorce proceedings, the guy need certainly to split up her and you may shell out their own the brand new ketubbah” (Even ha-Ezer #297). He says one a lady that is strike from the her partner is actually entitled to an immediate splitting up in order to receive the currency owed their own in her matrimony settlement. Their pointers to reduce off the give off a chronic beater out of his fellow echoes regulations for the Deut. –twelve, where in actuality the uncommon abuse of cutting-off a hand try used in order to a lady which tries to help save their spouse when you look at the an excellent way that shames the fresh new beater.
So you can validate his opinion, Roentgen. Meir uses biblical and you can talmudic point in order to legitimize their views. At the conclusion of that it responsum he discusses the brand new courtroom precedents because of it choice on Talmud (B. Gittin 88b). Hence the guy finishes you to “in happening in which she is prepared to take on [occasional beatings], she do not undertake beatings rather than a finish coming soon.” He points to the point that a hand provides the potential in order to kill and this in the event that tranquility is actually hopeless, the rabbis should try to persuade him to separation and divorce their own away from “his personal free often,” however, if you to definitely demonstrates hopeless, force your so you’re able to divorce or separation her (as well as enjoy 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 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).