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Some Ashkenazi rabbis noticed battering since the grounds for forcing a person provide good Writ from (religious) divorce proceedings rating

Inside the responsum, Radbaz wrote you to definitely Sim

Rabbi Meir b. 1215–1293) writes one “A great Jew need certainly to prize their wife more than he honors themselves. If a person effects a person’s partner, you need to become penalized alot more honestly compared to hitting another person. For 1 was enjoined to award your wife it is perhaps not enjoined so you’re able to award one another. . When the the guy persists from inside the striking their unique, he shall be excommunicated, lashed, and you will sustain the severest punishments, actually towards the quantity out of amputating his case. If his spouse are prepared to accept a breakup, he need to separation their own and you will spend their particular new ketubbah” (Actually ha-Ezer #297). According to him that a woman who is struck of the their unique partner is permitted an immediate splitting up and also to have the money owed her within her relationship payment. Their suggestions to slice off of the hands regarding a habitual beater out-of their other echoes legislation within the Deut. –a dozen, where the uncommon abuse out of cutting off a hand was applied to help you a female exactly who tries to help save her spouse inside the a great manner in which shames new beater.

In order to validate their view, R. Meir spends biblical and you may talmudic procedure to help you legitimize his opinions. At the end of that it responsum he covers the newest court precedents for it decision regarding Talmud (B. Gittin 88b). For this reason the guy concludes you to definitely “even yet in happening in which she is happy to take on [unexpected beatings], she dont take on beatings instead of a finish in sight.” He what to the fact a finger contains the potential to kill and this in the event the comfort was impossible, the latest rabbis should try so you can encourage him so you can splitting up their particular away from “their own free usually,” however if you to demonstrates hopeless, push your so you’re able to separation her (as well as allowed 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 valentime 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.

Baruch from 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).