Specific Ashkenazi rabbis believed battering since the known reasons for forcing men giving a good Writ off (religious) breakup score
Meir’s responsa along with their copy off a responsum from the Roentgen
Rabbi Meir b. Baruch out-of Rothenburg (Maharam, c.1215–1293) writes one to “An effective Jew need to award their partner more than the guy honors themselves. If one effects one’s wife, you need to be penalized a great deal more really compared to hitting another person. For starters are enjoined to prize an individual’s partner but is maybe not enjoined so you can prize the other person. . In the event the he persists inside hitting their, the guy might be excommunicated, lashed, and suffer brand new severest punishments, actually into the the quantity out-of amputating his arm. If his spouse is actually happy to undertake a breakup, he need divorce her and spend their the latest ketubbah” (Actually ha-Ezer #297). He says that a female who is struck from the their particular husband is actually entitled to a primary divorce proceedings also to have the currency due their particular inside her relationships settlement. His suggestions to chop off the hands out-of a chronic beater out of his other echoes what the law states in the Deut. –12, where in fact the strange abuse of cutting off a give is used so you can a lady just who tries to cut their partner in the good method in which shames new beater.
To justify their viewpoint, Roentgen. Meir spends biblical and talmudic procedure so you’re able to legitimize his opinions. At the conclusion of this responsum the guy talks about the fresh new judge precedents for this decision in the Talmud (B. Gittin 88b). Ergo the guy closes you to definitely “despite the case in which she try happy to deal with [unexpected beatings], she usually do not take on beatings kuumat Thai-naiset etsivГ¤t miehiГ¤ Yhdysvalloista versus an-end in sight.” The guy points to that a digit has got the prospective so you can destroy and that in the event that tranquility try impossible, the latest rabbis should try to help you convince him so you’re able to divorce proceedings their particular off “his personal totally free have a tendency to,” in case you to proves hopeless, push your to divorce their (as it is enjoy for legal reasons [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, they were overturned by the extremely rabbis into the later years, beginning 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).
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