Rabbi Meir b. Baruch of Rothenburg (Maharam, c.1215–1293) writes you to definitely “An excellent Jew need certainly to award their spouse over he celebrates himself. If one influences an individual’s wife, you need to feel punished a lot more seriously compared to striking another person. For 1 is actually enjoined to help you award your wife it is perhaps not enjoined so you’re able to prize one another. . If he continues into the striking their particular, the guy would be excommunicated, lashed, and you will experience this new severest punishments, even with the the total amount of amputating his case. If the his wife was ready to take on a separation and divorce, the guy need divorce or separation their unique and you will pay her the fresh new ketubbah” (Also ha-Ezer #297). He says you to a female who is hit because of the their spouse are eligible to an immediate breakup and to have the money due their unique in her matrimony settlement. Their suggestions to chop from the hand out of a habitual beater regarding their other echoes the law within the Deut. –a dozen, where unusual abuse out of cutting-off a hands was applied to help you a woman whom attempts to save your self their own partner from inside the a good method in which shames the brand new beater.
To justify his thoughts, Roentgen. Meir spends biblical and you can talmudic procedure so you’re able to legitimize his viewpoints. At the end of that it responsum he talks about the latest judge precedents for it choice in the Talmud (B. Gittin 88b). Thus the guy ends up that “in the case in which she is actually prepared to undertake [unexpected beatings], she you should never take on beatings in the place of an-end in sight.” He items to the reality that a finger provides the possible so you’re able to kill hence in the event that peace is actually impossible, brand new rabbis should try to help you persuade him in order to separation their from “his very own 100 % free often,” however if you to definitely demonstrates hopeless, force your to divorce proceedings their (as it is acceptance for legal reasons [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 BesГёk nettstedet her 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.
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).