A good example of an excellent rabbi who realized that Maimonides’s terminology rationalized conquering an individual’s spouse to own an effective “good” trigger is actually R
Zemah ben Paltoi, Gaon of Pumbedita (872–890), “calls upon a man to flog his wife if she is guilty of assault.” Rabbi Yehudai b. Nahman (Yehudai Gaon, 757–761) writes that: “…when her husband enters the house, she must rise and cannot sit down until he sits, and she should never raise her voice against her husband. Even if he hits her she has to remain silent, because that is how chaste women behave” (Ozar ha-Ge’onim, Ketubbot 169–170). The ninth-century Gaon of Sura, Sar Shalom b. c. 859 or 864), distinguishes between an assault on a woman by her husband and an assault on her by a stranger. The Gaon of Sura’s opinion was that the husband’s assault on his wife was less severe, since the husband has authority over his wife (Ozar ha-Ge’onim, Bava Kamma, ).
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Inside the Muslim The country of spain, R. Samuel ha-Nagid (936–1056) is actually one of the primary sages so you can suggest the fresh husband so you’re able to overcome his controling partner to ensure that she remain in their unique lay. His thinking into the latest domineering woman is the fact she will feel hit in purchase to coach their own. He writes in his guide Ben Mishlei: “Strike your spouse rather than concern if the she tries to control your such as for example a person and you can brings up their lead [too much]. Try not to, my personal son, right become your wife’s partner, if you find yourself your spouse will be their unique husband’s partner!” Hidden their terms and conditions is the fact that most Your Domain Name useful woman is one exactly who are complementary; the newest crappy lady is certainly one that is disputatious.
In the following period, known as that of the “ Rabbinic authorities/halakhic decisors/ biblical commentators of the mid-11 th to mid-15 th c.. The period of the rishonim followed that of the geonim and preceded that of the a h aronim. Rishonim ,” Moses ben Maimon (Rambam), b. Spain, 1138 Maimonides (1135–1204) recommends in his Code, the Mishneh Torah she-bi-khetav : Lit. “the written Torah.” The Bible; the Pentateuch; Tanakh (the Pentateuch, Prophets and Hagiographia) Torah , that beating a bad wife is an acceptable form of discipline: “A wife who refuses to perform any kind of work that she is obligated to do, may be compelled to perform it, even by scourging her with a rod” (Isshut ). Some rabbis, such as Shem Tov b. Abraham ibn Gaon (d. Safed, 1312), in his commentary Migdal Oz on Maimonides, understand the referent to be the rabbinic court (beit din), since the word “force” (kofin) is in the plural, rather than the singular. However, most commentators concur that Maimonides means that it is the “husband” who can force her. R. Vidal Yom Tov of Tolosa, the well-known fourteenth-century interpreter of Maimonides’s Mishneh Torah, writes in the Maggid Mishneh that “Nahmanides wrote that we force her with a stick and it is also the view of Rabbenu (i.e., Maimonides) and the major rabbis.” It should be noted that Maimonides was most liberal in grounds for divorce, allowing sexual incompatibility, “me’is alai” (lit. “He is repulsive to me”) as grounds (cf. also Ket. 63b).
Jonah ben Abraham Gerondi (c. 1200–1263), which approved the idea you to a partner can get defeat their wife in the event that she transgresses: “Men cannot beat their next-door neighbor. . The guy which sounds his neighbors transgresses a few bad precepts. And thus it’s towards the man whom sounds their partner. He transgresses a few negative precepts, if he don’t hit their unique to reprove her for many transgression” [focus mine] (Iggeret Teshuvah, Constantinople, 1548). Thus R. Jonah differentiates ranging from spouse assault and you will complete stranger violence. It’s possible to only physical violence a person’s partner in the event that justified, but one can possibly never ever physical violence your feminine neighbor.