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Meir’s responsa along with their backup off a good responsum by the Roentgen

Rabbi Meir b. Baruch off Rothenburg (Maharam, c.1215–1293) writes that “A Jew need award his partner more than the guy celebrates himself. If an individual affects one’s spouse, you will need to end up being penalized a whole lot more really than for hitting another person. For example are enjoined to prize one’s wife but is maybe not enjoined so you’re able to prize one another. . If the the guy lasts in the hitting her, the guy will likely be excommunicated, lashed, and sustain the fresh severest punishments, even to your the total amount regarding amputating his arm. In the event the his wife is actually willing to accept a separation, the guy need certainly to divorce or separation their own and pay their own the fresh ketubbah” (Actually ha-Ezer #297). He says that a woman who is hit because of the their husband is eligible to an immediate breakup and receive the money owed their own within her wedding settlement. His recommendations to slice off the hands out of a habitual beater out-of his fellow echoes regulations in the Deut. –several, the spot where the unusual discipline of cutting off a hand was applied so you’re able to a woman exactly who tries to help save their particular partner into the a great way that shames the fresh beater.

So you can validate his view, R. Meir spends biblical and you may talmudic matter so you’re able to legitimize his opinions. At the conclusion of so it responsum the guy discusses the brand new legal precedents for it choice from the Talmud (B. Gittin 88b). For this reason the guy ends up one to “despite the actual situation where she was happy to accept [occasional beatings], she try not to take on beatings as opposed to an-end in sight.” He things to the reality that a thumb contains the potential so you’re able to destroy hence in the event the serenity try hopeless, the new rabbis should try in order to persuade your to help you breakup their unique off “his or her own free tend to,” however if you to proves impossible, force your to divorce or separation their particular (as well as greet 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 https://brightwomen.net/fi/kambodzalaiset-naiset/. 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.

Although not, these people were overturned by extremely rabbis for the afterwards generations, beginning with R

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).