Meir’s responsa plus their duplicate from a great responsum by Roentgen
Rabbi Meir b. Baruch from Rothenburg (Maharam, c.1215–1293) produces one to “A good Jew have to honor their partner over he honors himself. If an individual influences one’s wife, one should end up being punished a great deal more honestly than for hitting someone. For example is enjoined to honor one’s partner it is not enjoined in order to prize each other. . When the the guy persists in hitting their unique, he can be excommunicated, lashed, and you may suffer the fresh new severest punishments, also into the the quantity off amputating his sleeve. If his partner are ready to take on a separation and Siem reap wife divorce, he must divorce case their particular and you may pay her the latest ketubbah” (Actually ha-Ezer #297). According to him one to a lady who is strike of the their own partner was permitted a direct separation and divorce also to have the money owed their unique within her matrimony settlement. Their recommendations to cut off of the hands of a chronic beater from their other echoes what the law states for the Deut. –several, where the strange discipline off cutting off a hands was used so you’re able to a lady just who attempts to save her spouse inside the a beneficial manner in which shames the fresh new beater.
To justify their view, Roentgen. Meir spends biblical and talmudic matter so you can legitimize his feedback. At the conclusion of which responsum the guy discusses the fresh judge precedents because of it choice about Talmud (B. Gittin 88b). Therefore he stops that “even yet in the outcome in which she is actually happy to take on [unexpected beatings], she cannot take on beatings in the place of a finish coming soon.” He things to the truth that a hand has got the possible in order to kill and that in the event that comfort is actually impossible, the fresh rabbis should try to help you convince your so you can separation their particular out of “his or her own 100 % free often,” in case you to shows hopeless, push your so you’re able to separation and divorce her (as is greeting 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.
But not, these people were overturned of the extremely rabbis for the afterwards years, you start 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) 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).