Particular Ashkenazi rabbis experienced battering because grounds for pushing a person to give a Writ of (religious) split up rating

In the responsum, Radbaz published one Sim

Rabbi Meir b. 1215–1293) produces you to “A great Jew need certainly to honor his wife more he celebrates himself. If one impacts your wife, you should become punished more honestly compared to striking another person. For 1 are enjoined so you can prize your partner but is not enjoined in order to honor one another. . If the he lasts during the striking their particular, he are going to be excommunicated, lashed, and you can endure the brand new severest punishments, actually on the the total amount regarding amputating their arm. When the his partner was prepared to deal with a separation and divorce, he need certainly to breakup their own and you will shell out their the ketubbah” (Actually ha-Ezer #297). According to him you to definitely a woman who is hit from the their unique partner is actually permitted a primary separation and also to have the money due her within her wedding settlement. His guidance to chop from the give away from a chronic beater out-of their fellow echoes what the law states inside the Deut. –12, where the addicted to sexy honduran girls unusual abuse off cutting-off a hands is applied to help you a female exactly who tries to help save her husband for the an effective manner in which shames brand new beater.

To help you justify his advice, R. Meir uses biblical and you will talmudic point in order to legitimize their views. At the end of which responsum the guy discusses the newest judge precedents for this decision in the Talmud (B. Gittin 88b). Therefore the guy closes that “despite the fact where she try prepared to deal with [periodic beatings], she you should never undertake beatings as opposed to an-end coming soon.” He what to the truth that a little finger has got the possible to kill which in the event the peace is actually impossible, the fresh new rabbis should try so you’re able to encourage your to help you separation their from “his personal totally free often,” however, if you to shows impossible, push your to separation their own (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. 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).