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Certain Ashkenazi rabbis noticed battering as the grounds for pressuring a guy giving an excellent Writ of (religious) breakup get

Certain Ashkenazi rabbis noticed battering as the grounds for pressuring a guy giving an excellent Writ of (religious) breakup get

Within his responsum, Radbaz published that Sim

Rabbi Meir b. 1215–1293) writes you to definitely “A Jew need award his partner more than the guy remembers himself. If a person influences your wife, you need to feel penalized far more seriously than for striking someone else. For example is actually enjoined so you’re able to honor one’s spouse it is perhaps not enjoined so you can prize one another. . In the event the he continues within the hitting their unique, the guy are excommunicated, lashed, and you can endure the fresh severest punishments, actually towards the the amount of amputating his arm. If the his spouse was prepared to accept a separation, he must divorce case their particular and you can shell out their the new ketubbah” (Also ha-Ezer #297). He says you to a female who’s struck from the their particular husband try entitled to a direct separation and divorce in order to have the money due their unique inside her wedding payment. His guidance to reduce off of the give out-of a chronic beater from their fellow echoes what the law states during the Deut. –12, where strange punishment out-of cutting off a give try applied in order to a female whom tries to help save their particular spouse within the an excellent method in which shames the brand new beater.

To help you justify their thoughts, R. Meir uses biblical and you may talmudic procedure in order to legitimize his viewpoints. At the conclusion of that it responsum the guy covers the latest courtroom precedents for this choice throughout the Talmud (B. Gittin 88b). Ergo the guy comes to an end one to “even yet in possible where she is actually prepared to undertake [occasional beatings], she usually do not take on beatings instead of an-end coming soon.” The guy points to the reality that a finger contains the prospective so you’re able to kill and that when the peace try impossible, the rabbis should try to help you persuade your to divorce or separation her from “his own 100 % free often,” in case you to definitely proves hopeless, force your so you’re able to splitting up their (as well as desired by-law [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 regarding 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). https://kissbrides.com/venezuelan-brides/ 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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