Inside the responsum, Radbaz had written that Sim

Rabbi Meir b. 1215–1293) produces that “A good Jew need certainly to award their wife more than the guy remembers themselves. If a person influences an individual’s wife, you need to become penalized even more severely than for striking someone. For just one try enjoined to help you honor an individual’s wife it is perhaps not enjoined so you’re able to prize one another. . If he persists within the hitting their own, he will likely be excommunicated, lashed, and you may experience the new severest punishments, actually towards the the amount away from amputating their sleeve. In the event the his spouse was prepared to accept a separation, he must separation and divorce their unique and you may shell out their this new ketubbah” (Also ha-Ezer #297). He says you to definitely a lady who is hit by their unique husband was entitled to an immediate separation and divorce and to get the money due their particular in her own marriage settlement. His guidance to slice off of the give regarding a chronic beater from his other echoes legislation into the Deut. –12, the spot where the uncommon discipline off cutting off a hand try used so you can a woman whom tries to help save their own husband in a great way that shames the newest beater.

So you can justify their thoughts, R. Meir uses biblical and you can talmudic question so you can legitimize their viewpoints. At the end of so it responsum the guy covers the fresh new legal precedents because of it choice about Talmud (B. Gittin 88b). Thus the guy stops you to “even in your situation in which she try ready to accept [periodic beatings], she don’t undertake beatings versus a conclusion in sight.” The guy factors to the point that a little finger has got the possible to eliminate and this in the event that comfort is actually impossible, the new rabbis should try so you’re able to convince him in order to divorce proceedings their own of “his very own totally free usually,” however, if you to definitely demonstrates hopeless, push your so you’re able to splitting up her (as it is anticipate 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 https://kissbrides.com/web-stories/top-10-hot-honduran-women/ (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).