Meir’s responsa along with his copy off a responsum because of the Roentgen

Rabbi Meir b. Baruch regarding Rothenburg (Maharam, c.1215–1293) produces one to “A beneficial Jew need to award his partner over he celebrates themselves. If a person impacts a person’s spouse, you ought to getting punished significantly more severely compared to striking someone else. For example was enjoined to help you honor a person’s wife it is not enjoined so you can honor each other. . When the the guy persists in the hitting their, the guy will be excommunicated, lashed, and endure the brand new severest punishments, even for the the amount out-of amputating his case. In the event the his spouse was happy to accept a split up, the guy must split up their unique and you can spend their this new ketubbah” (Actually ha-Ezer #297). According to him you to a female that is strike of the her spouse was permitted a direct divorce proceedings and receive the money due her in her relationship payment. Their suggestions to reduce off of the give of a chronic beater out-of his other echoes regulations during the Deut. –12, the spot where the unusual discipline of cutting-off a hands is actually used in order to a woman who tries to save yourself their unique husband inside an excellent method in which shames the fresh beater.

To validate their viewpoint, R. Meir uses biblical and talmudic matter to legitimize their views. At the end of it responsum the guy talks about the brand new court precedents because of it decision on the Talmud (B. Gittin 88b). For this reason he ends you to definitely “in the outcome where she is prepared to undertake [periodic beatings], she you should never take on beatings instead of an end around the corner.” The guy points to the point that a fist contains the potential so you can eliminate which in the event that tranquility are impossible, this new rabbis should try to help you convince your in order to separation their unique of “his own 100 % free tend to,” however, if you to definitely shows hopeless, push your so you can divorce or separation their own (as it is greeting 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. 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 were overturned because of the really rabbis within the cute natural Contagem girl later 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).