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 how does tendermeets work on the husband by gentile authorities. 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). 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).
It’s unusual you to definitely rabbis tolerate pressuring a guy in order to separation his wife and is also even rarer which they ideal one to the brand new low-Jewish area adjudicate the interior things
Zemah Duran (Rashbez, 1361–1444) who disagrees with R. Isaac Alfasi (Rif). “Even though the Rif wrote that even if the husband says ‘I will not provide for her,’ he does not have to divorce her and give the ketubbah to her [I think otherwise]”. Rashbez shows that one can interpret the husband’s unwillingness to provide for her as grounds for forcing a divorce and shows that it is better to live in a house where there is love than one in which there is hate. He comments, “What good is there for a woman whose husband causes her sorrow by daily fights?” And he goes on to show that there are precedents which allow us to force the husband to divorce her and, if he starves her, obviously this should be the case. He writes that the difference between forcing him to divorce her and advising him to divorce her is not that great. If he agrees to divorce her of his own free will, so be it. But if he does not, we force him. He argues “that the rabbinic judge who forces a woman who rebelled to go back to her [abusive] husband is following the law of the Ishmaelites and should be excommunicated. . ” (Simeon ben Zemah, Sefer ha-Tashbez, Part 2, 8).
Integrated among rabbis just who completely oppose brand new husband’s “right” in order to punish their girlfriend and believe wifebeating as the known reasons for separation and divorce ‘s the North African Rabbi Simeon b
A major source of medieval responsa that reject wiin Ze’ev b. Mattathias of Arta, Greece (rabbi of the Corfu congregation in the sixteenth century). He quotes the entire responsum of R. Simhah (attributed above as being R. Meir’s) to support his own point of view. Binyamin Ze’ev recognizes that the perpetrator agrees in the end to divorce her “of his own free will” (ad she-yomar rozeh ani) as a result of the force of the court. But he interprets this to mean that, by his saying “It is my will,” his free consent is assumed at that point. Binyamin Ze’ev quotes several sages (Samuel of Evreux, first half of thirteenth century, talmudist and tosafist of Normandy; Elijah ben Judah of Paris, first half of the twelfth century, French talmudist, commentator, and halakhist; and Meshullam ben Nathan of Melun, twelfth century, talmudist in northern France) who were in favor of denying all the privileges of the community to the perpetrator who refused to give his wife a divorce. This would include denying his right to circumcise and educate his son and even the right to be interred (in a Jewish cemetery). Binyamin Ze’ev does not view these extraordinary means as coercion-they are to be considered as aids to help the husband to do what is right.