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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. 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.
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He also was in favor of the herem suggested by Perez (see above) and quotes his entire takkanah. Binyamin Ze’ev’s views are considered to be controversial and certainly unusual for the sixteenth century. Most rabbis base themselves on the Codification of basic Jewish Oral Law; edited and arranged by R. Judah ha-Nasi c. 200 C.E. Mishnah , which says that, when a woman knows prior to her marriage that something is wrong with her husband, she is more or less held captive in the marriage. He writes, however: “If we cannot find another solution for the situation, we compel him to divorce her and give her the marriage settlement payment even if she had accepted the situation knowingly” (Responsa #88). But even Binyamin Ze’ev is aware of the dangers of a forced divorce and so himself hedges at the end of his very long responsum.
Isaac [one of the earliest acknowledged Babylonian tannaim, middle of the second century] which published it was permissible to beat a beneficial Canaanite servant lady for the an individual’s palms to prevent their particular out-of transgressing
In fifteenth-century Europe we find more rabbis who approve of wifebeating for the purpose of education. This approach is illustrated in the collected responsa of Israel Isserlein (Austria, c. 1390–1460). In answer to the question, “Can https://brightwomen.net/no/blog/er-postordrebrud-lovlig/ a man who hears his wife cursing and saying bad things about her mother and father reprove her for this several times? If this does not work, can he then beat her in order to ensure that she does not do this any more?” He answers: “Even though Mordecai [b. Hillel] and R. Simhah wrote that he who beats his wife transgresses the negative precept “not to excess” (pen yosif, Deut. 25:3), and is dealt with very harshly, I disagree with this strict interpretation. I base my interpretation on R. Nahman [ben Jacob, d. c. 320 c.e., Babylonian Lit. (Aramaic) “spokesman.” Scholars active during the period from the completion of the Mishnah (c. 200 C.E.) until the completion of the Jerusalem and Babylonian Talmuds (end of the fourth and fifth centuries respectively), who were active primarily in the interpretation of the Mishnah. In the chain of tradition they follow the tanna’im and precede the savora’im. amora ] writing in the name of R. He of course should not overdo it or else she would be freed. Anyone who is responsible for educating someone under him, and sees that person transgressing, can beat that person to prevent the transgression. He does not have to be brought to court” (Isserlein, Terumat ha-Deshen, Responsum #218).