Some Ashkenazi rabbis sensed battering once the known reasons for forcing one supply a Writ out of (religious) divorce proceedings get

Some Ashkenazi rabbis sensed battering once the known reasons for forcing one supply a Writ out of (religious) divorce proceedings get

Within his responsum, Radbaz composed one to Sim

Rabbi Meir b. 1215–1293) writes one to “A Jew have to award his spouse over the guy remembers themselves. If a person impacts your spouse, you need to be penalized significantly more severely than for hitting someone else. For starters are enjoined in order to honor a person’s spouse but is not enjoined to prize the other person. . When the he lasts in the hitting their, he is excommunicated, lashed, and you may sustain brand new severest punishments, actually into the quantity from amputating his sleeve. In the event that their spouse try prepared to deal with a divorce, he must breakup their own and spend their the latest ketubbah” (Even ha-Ezer #297). He states that a woman who’s hit of the her husband is actually permitted a direct divorce or separation and to receive the money owed their in her matrimony payment. His advice to slice from the hand of a chronic beater off their other echoes the law during the Deut. –12, where unusual abuse out of cutting-off a hand was used so you’re able to a female which attempts to rescue their particular spouse from inside the a great manner in which shames the fresh beater.

In order to validate their view, Roentgen. Meir uses biblical and you can talmudic situation to legitimize his viewpoints. After which responsum the guy talks about new legal precedents for it decision from the Talmud (B. Gittin 88b). Ergo he stops one to “despite the situation in which she was willing to undertake [unexpected beatings], she usually do not take on beatings in the place of a conclusion around the corner.” The guy points to the reality that a hand gets the possible in order to eliminate which if the peace was hopeless, the latest rabbis should try so you’re able to encourage him to help you separation and divorce their from “his very own 100 % free have a tendency to,” in case one to proves hopeless, force him in order to split up her (as is invited legally [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. yerel asyalД± kadД±nlarla nasД±l tanД±ЕџД±lД±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 off 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).

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