Specific Ashkenazi rabbis believed battering since the reasons for pressuring a guy to give a beneficial Writ out-of (religious) separation score

Inside the responsum, Radbaz penned one Sim

Rabbi Meir b. 1215–1293) produces that “Good Jew need to honor his wife over he celebrates themselves. If one effects an individual’s partner, you ought to become punished a whole lot more severely than for striking another individual. For 1 was enjoined in order to prize an individual’s partner but is perhaps not enjoined to help you honor one another. . In the event the he persists from inside the hitting their own, he are excommunicated, lashed, and you may suffer the newest severest punishments, actually towards the quantity of amputating his sleeve. If his partner is actually happy to take on a divorce or separation, he have to divorce case their unique and you may pay their unique the newest ketubbah” (Actually ha-Ezer #297). He states one to a woman that is struck from the their particular husband are eligible to a primary divorce case also to receive the currency owed their particular within her relationship settlement. His pointers to chop from the hand of a chronic beater off his fellow echoes regulations within the Deut. –several, where in fact the unusual discipline away from cutting off a hands is actually used to a female just who tries to save your self their unique partner during the good way that shames the newest beater.

To validate his viewpoint, R. Meir uses biblical and talmudic topic ukrainianbrides4you flГ¶rt in order to legitimize their feedback. After which responsum the guy covers the fresh new court precedents for this choice on the Talmud (B. Gittin 88b). Therefore he comes to an end you to “in the scenario where she is prepared to deal with [occasional beatings], she dont deal with beatings as opposed to an-end in sight.” The guy what to the point that a little finger has got the possible in order to kill and this if the comfort try hopeless, the fresh new rabbis need so you’re able to persuade him so you can splitting up their own from “his own totally free usually,” however, if one shows hopeless, force your to divorce case her (as well as desired 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 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).