In his responsum, Radbaz authored one Sim
Rabbi Meir b. 1215–1293) produces you to definitely “An excellent Jew need prize his partner more he honors himself. If a person affects one’s wife, you will need to end up being penalized a lot more really than for hitting someone. For example was enjoined to honor a person’s wife but is perhaps not enjoined so you’re able to honor the other person. . In the event the he lasts during the striking their, the guy should be excommunicated, lashed, and you will suffer the new severest punishments, actually into extent from amputating his sleeve. If the their partner is actually prepared to deal with a divorce or separation, the guy need to separation and divorce her and you can shell out their particular the fresh ketubbah” (Also ha-Ezer #297). He states that a lady who is struck by the their husband try eligible to a direct divorce or separation also to get the currency owed their particular in her wedding payment. His guidance to slice from the hands off a habitual beater out-of their other echoes what the law states when you look at the Deut. –twelve, where in actuality the unusual punishment of cutting off a hands is used to help you a lady just who attempts to save their particular partner inside the an excellent manner in which shames new beater.
So you’re able to justify their opinion, R. Meir spends biblical and you may talmudic matter so you’re able to legitimize his views. At the conclusion of so it responsum he covers new courtroom precedents for it choice on the Talmud (B. Gittin 88b). For this reason he ends one “inside the truth where she try ready to accept [unexpected beatings], she never deal with beatings versus an end in sight.” He things to that a finger provides the potential to destroy and that if the comfort are hopeless, the latest rabbis should try to persuade your so you can divorce proceedings their particular regarding “his very own 100 % free will,” but if that proves impossible, push your so you’re able to divorce her (as it is invited 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 regarding Rothenburg (Maharam, c
R. Simhah lists all the possible sanctions. If these are of sexy eastern european women 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).