Specific Ashkenazi rabbis considered battering as the reasons for pushing a person to give an effective Writ from (religious) divorce or separation rating

Meir’s responsa plus their duplicate out of an excellent responsum by the R

Rabbi Meir b. Baruch out-of Rothenburg (Maharam, c.1215–1293) produces you to “Good Jew need honor their spouse over the guy honors himself. If a person influences one’s partner, you will need to end up being penalized significantly more really than for hitting someone. For one are enjoined so you’re able to prize one’s spouse but is not enjoined so you can award one another. . If the guy persists within the hitting their own, he will likely be excommunicated, lashed, and you will experience brand new severest punishments, even on the amount out of amputating his case. When the his wife are prepared to accept a divorce proceedings, the guy need certainly to split up their and you can spend her the newest ketubbah” (Even ha-Ezer #297). naiset Norja He states one to a lady who’s hit from the their own spouse was permitted an immediate split up also to have the currency owed their particular in her own relationship payment. His suggestions to cut off the hands from a habitual beater from his fellow echoes legislation inside the Deut. –several, where in fact the strange discipline from cutting-off a give is used to a lady exactly who tries to rescue their own husband when you look at the a beneficial manner in which shames the brand new beater.

So you’re able to justify their thoughts, R. Meir uses biblical and talmudic point so you can legitimize his opinions. At the conclusion of this responsum he discusses the latest courtroom precedents for this choice regarding Talmud (B. Gittin 88b). Thus the guy ends you to “despite the situation in which she is happy to undertake [periodic beatings], she usually do not undertake beatings versus a finish around the corner.” He what to the fact a thumb provides the prospective so you’re able to destroy and that in the event that peace was impossible, the rabbis need to help you convince him in order to separation and divorce their particular of “his own free will,” however, if you to shows impossible, push him so you can separation their (as is enjoy 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.

Yet not, they certainly were overturned by extremely rabbis during the after years, starting with Roentgen

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).