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Meir’s responsa and in his duplicate away from a good responsum because of the Roentgen

Rabbi Meir b. Baruch out-of Rothenburg (Maharam, c.1215–1293) writes you to “A great Jew need to honor their wife more than the guy honors himself. If a person effects a person’s wife, you should become penalized alot more seriously compared to hitting someone. For starters was enjoined so you’re able to award a person’s spouse it is maybe not enjoined to help you prize one another. . If he lasts inside striking their unique, the guy might be excommunicated, lashed, and you will sustain the fresh new severest punishments, even on the total amount of amputating their case. In the event the their spouse is actually willing to accept a divorce or separation, he need certainly to divorce proceedings their and you will pay their the ketubbah” (Even ha-Ezer #297). According to him that a female who’s hit because of the their unique spouse is actually permitted a primary divorce in order to have the money owed their within her relationship payment. His recommendations to reduce off of the hands out-of a chronic beater away from their other echoes the law in Deut. –twelve, where the unusual discipline out-of cutting-off a hands was used so you’re able to a woman whom attempts to save yourself their own partner from inside the a beneficial method in which shames the fresh new beater.

To help you justify their view, R. Meir uses biblical and talmudic thing in order to legitimize his viewpoints. After so it responsum he discusses new legal precedents because of it decision regarding Talmud (B. Gittin 88b). Hence the guy ends you to definitely “inside the fact in which she was ready to deal with [periodic beatings], she try not to undertake beatings versus an end around the corner.” He factors to the reality that a finger provides the potential to kill which in the event that tranquility are hopeless, new rabbis need so you can persuade your to divorce case their unique away from “his very own totally free will,” however, if that shows impossible, push your so you’re able to splitting up their unique (as it is invited by law [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.

But not, these people were overturned of the extremely rabbis into the later years, you start with R

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 Burma kvinner 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).