Particular Ashkenazi rabbis believed battering since reasons for forcing men to give a beneficial Writ of (religious) breakup get

Inside the responsum, Radbaz composed that Sim

Rabbi Meir b. 1215–1293) writes you to “An excellent Jew need certainly to award their wife more he remembers themselves. If one effects your wife, you need to end up being penalized even more severely compared to hitting someone. For one was enjoined to award an individual’s wife but is maybe not enjoined to award the other person. . In the event that he continues inside hitting their, the guy are excommunicated, lashed, and you will suffer the fresh new severest punishments, also toward the total amount from amputating their sleeve. In the event the his spouse is actually happy to accept a separation and divorce, the guy need divorce or separation their and you can shell out their own the fresh ketubbah” (Also ha-Ezer #297). According to him one a female who’s struck by their particular spouse is permitted a direct divorce case and to get the money due their in her relationship payment. His recommendations to slice from the hand away from a habitual beater of their other echoes regulations in Deut. –a dozen, where in fact the uncommon punishment regarding cutting-off a hand try applied in order to a woman who tries to help save their unique husband in the a manner in which shames this new beater.

So you’re able to justify their view, Roentgen. Meir uses biblical and you may talmudic question to legitimize their viewpoints. After that it responsum the guy discusses the new legal precedents for this choice from the Talmud (B. Gittin 88b). Ergo he ends up one to “inside the scenario where she try ready to undertake [periodic beatings], she usually do not accept beatings rather than an-end coming soon.” He points to the fact a fist gets the prospective to kill and that if comfort are impossible, brand new rabbis should try to help you encourage your in order to divorce case their own out of “his very own 100 % free commonly,” however, if you to shows hopeless, force your so you can splitting up their unique (as well as 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 most beautiful Poltava in Ukraine girl 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).