Inside the responsum, Radbaz wrote one to Sim
Rabbi Meir b. 1215–1293) writes you to definitely “A beneficial Jew need to prize his spouse more than the guy remembers himself. If an individual effects your partner, you need to become penalized more honestly than for hitting someone. For 1 are enjoined to help you honor one’s spouse but is perhaps not enjoined to honor the other person. . In the event that the guy lasts inside the striking their, the guy might be excommunicated, lashed, and you may suffer the fresh new severest punishments, also with the the amount regarding amputating their arm. In the event that their partner is actually willing to deal with a splitting up, he need to split up their unique and you will spend their the brand new ketubbah” (Even ha-Ezer #297). He says one a female that is hit because of the their particular partner was entitled to a direct divorce proceedings in order to have the money owed their own inside her wedding payment. His suggestions to reduce off of the hand regarding a habitual beater regarding his other echoes the law within the Deut. –12, the spot where the strange abuse from cutting-off a hands try applied to help you a female just who attempts to help save their own spouse during the an excellent manner in which shames new beater.
To help you justify their advice, Roentgen. Meir uses biblical and you may talmudic issue so you’re able to legitimize his feedback. At the end of it responsum the guy talks about the newest courtroom precedents for it decision regarding Talmud (B. Gittin 88b). Therefore the guy finishes that “even in the situation where she are ready to deal with [periodic beatings], she you should never deal with beatings instead a conclusion coming soon.” The guy factors to the reality that a hand has the prospective to help you eliminate and this in the event the peace was hopeless, the newest rabbis should try to convince him to divorce or separation their out-of “his very own 100 % free usually,” but if you to shows hopeless, force him so you’re able to breakup their particular (as it is greeting legally [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 regarding 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).
