Particular Ashkenazi rabbis considered battering since the grounds for forcing a guy to provide a good Writ out of (religious) splitting up get
Meir’s responsa along with his duplicate out of a good responsum by the Roentgen
Rabbi Meir b. Baruch away from Rothenburg (Maharam, c.1215–1293) writes one to “An effective Jew need to honor his wife more than the guy remembers himself. If a person influences a person’s partner, you will need to feel punished even more really than for hitting someone else. For one is actually enjoined to help you award your partner but is not enjoined so you can prize each other. . If he continues in hitting their, he are excommunicated, https://brightwomen.net/no/britiske-kvinner/ lashed, and you will endure brand new severest punishments, actually into the extent out-of amputating their sleeve. In the event that their wife is prepared to deal with a separation, the guy must breakup her and you can spend their particular brand new ketubbah” (Also ha-Ezer #297). He says you to a woman that is hit of the their particular spouse are permitted a direct split up in order to receive the currency owed their own within her wedding settlement. Their guidance to cut from the give regarding a chronic beater off his other echoes legislation within the Deut. –several, where unusual discipline off cutting off a hand was applied to a female which attempts to save yourself their spouse inside the a great method in which shames new beater.
So you’re able to justify his thoughts, Roentgen. Meir uses biblical and talmudic issue so you can legitimize their opinions. At the end of that it responsum the guy talks about the fresh new legal precedents for this choice from the Talmud (B. Gittin 88b). For this reason he ends you to definitely “despite the way it is in which she is prepared to undertake [periodic beatings], she don’t take on beatings rather than a finish around the corner.” He what to that a little finger has got the prospective so you’re able to eliminate which when the tranquility was hopeless, the latest rabbis need so you’re able to persuade him so you’re able to breakup their particular out of “his own 100 % free usually,” however, if one demonstrates hopeless, push your so you can divorce or separation her (as it 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.
not, they were overturned by the extremely rabbis inside after generations, 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).
