Meir’s responsa plus his copy regarding a responsum by Roentgen
Rabbi Meir b. Baruch away from Rothenburg (Maharam, c.1215–1293) writes you to definitely “A Jew need to award their partner more he remembers themselves. If one impacts one’s partner, you should getting penalized more severely than for striking another individual. For 1 try enjoined so you’re able to prize one’s spouse it is maybe not enjoined so you can award the other person. . In the event the he continues in hitting her, the guy might be excommunicated, lashed, and endure new severest punishments, actually to your the quantity regarding amputating their sleeve. If their partner is happy to accept a divorce or separation, the guy need to separation and divorce their own and you will pay her brand new ketubbah” (Also ha-Ezer #297). He states one a female who is hit because of the their own spouse was entitled to an immediate separation and divorce and get the currency owed their own within her marriage payment. Their recommendations to chop from the give regarding a habitual beater away from his other echoes legislation for the Deut. –several, where in fact the uncommon abuse from cutting-off a give try used so you can a woman whom attempts to rescue their partner within the a great manner in which shames the brand new beater.
In order to justify his advice, R. Meir uses biblical and you can talmudic thing so you can legitimize his opinions. At the end of this responsum he discusses brand new judge precedents for this decision throughout the Talmud (B. Gittin 88b). Hence the guy concludes one “despite the case in which she try prepared to undertake [occasional beatings], she don’t take on beatings versus an-end around the corner.” The guy things to the fact that a digit contains the possible to eliminate hence if the tranquility was impossible, the brand new rabbis should try to help you convince him so you can divorce their unique away from “his own totally free usually,” however if one to shows hopeless, push your so you can split up their (as is greeting 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.
However, these were overturned because of the very rabbis from inside the afterwards years, beginning with Roentgen
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) bridesconfidential.com/tr/norvec-gelinleri 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).
