Inside the responsum, Radbaz authored that Sim
Rabbi Meir b. 1215–1293) produces you to “Good Jew need honor their wife more he remembers himself. If one strikes your wife, you will need to feel penalized even more severely compared to hitting another individual. For 1 was enjoined to help you honor one’s spouse it is perhaps not enjoined to help you prize the other person. . In the event the the guy lasts for the hitting try the website her, the guy are excommunicated, lashed, and you will suffer the newest severest punishments, actually toward the total amount out of amputating his sleeve. In the event the their wife is prepared to undertake a divorce case, the guy must divorce her and spend their particular the latest ketubbah” (Also ha-Ezer #297). He says you to a woman who is strike by her spouse is permitted a primary divorce or separation and also to have the currency owed her inside her marriage payment. Their information to reduce off the hand off a chronic beater regarding his other echoes legislation from inside the Deut. –twelve, where in fact the uncommon abuse regarding cutting off a give try used to a woman which attempts to conserve her spouse when you look at the good way that shames the beater.
So you can validate his viewpoint, Roentgen. Meir spends biblical and talmudic point so you can legitimize their views. At the end of that it responsum the guy covers the fresh court precedents because of it decision regarding Talmud (B. Gittin 88b). For this reason the guy ends you to definitely “despite the actual situation in which she is happy to take on [unexpected beatings], she never accept beatings rather than a conclusion in sight.” The guy items to the reality that a little finger has got the potential to help you kill hence if tranquility are hopeless, the newest rabbis need so you can persuade your so you can divorce or separation their own regarding “his personal 100 % free usually,” however if one proves hopeless, push your so you can split up their unique (as it is 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 away 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).
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