Meir’s responsa along with their duplicate out of a beneficial responsum because of the Roentgen
Rabbi Meir b. Baruch out-of Rothenburg (Maharam, c.1215–1293) writes you to definitely “A beneficial Jew need award his spouse more than he celebrates themselves. If one affects an individual’s wife, one should be punished even more severely compared to hitting someone. For 1 try enjoined so you’re able to honor an individual’s spouse but is not enjoined to help you honor the other person. . In the event that he persists into the hitting their unique, he is going to be excommunicated, lashed, and experience the newest severest punishments, actually into the extent out-of amputating his case. If their partner is actually willing to deal with a splitting up, he have to separation and divorce their own and you will shell out their unique the brand new ketubbah” (Even ha-Ezer #297). He says that a female who is strike of the her partner is actually entitled to an immediate divorce case and to get the money due their unique in her own matrimony payment. His suggestions to reduce off the give of a chronic beater of their other echoes the law when you look at the Deut. –a dozen, in which the unusual discipline away from cutting off a hands was applied to help you a woman which tries to rescue their partner inside good way that shames the fresh beater.
To help you validate their thoughts, R. Meir spends biblical and you will talmudic procedure so you can legitimize his opinions. After it responsum the guy discusses the courtroom precedents for it choice about Talmud (B. Gittin 88b). Ergo the guy comes to an end that “in the situation in which she are ready to take miksi valkoiset miehet rakastavat Belgialainen-naisia on [occasional beatings], she don’t accept beatings versus a finish around the corner.” He things to the point that a finger provides the possible so you’re able to kill and this if serenity are impossible, the fresh rabbis need to convince him to help you splitting up their out-of “his very own free often,” however if one shows impossible, push your in order to divorce their unique (as it is welcome 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 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.
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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).
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