A good example of a great rabbi whom knew that Maimonides’s terminology justified overcoming one’s spouse to own an effective “good” result in 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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In the Muslim Spain, Roentgen. Samuel ha-Nagid (936–1056) was one of the first sages in order to suggest the newest spouse so you’re able to overcome his controling wife making sure that she stay-in their lay. Their ideas on the new domineering lady would be the fact she will be hit in acquisition to educate their particular. He produces in the book Ben Mishlei: “Strike your spouse rather than hesitation when the she tries to dominate your instance a guy and you can brings up their lead [too much]. Dont, my personal child, don’t you end up being your wife’s wife, when you’re your wife would-be their own husband’s spouse!” Hidden his words is the fact that best woman is just one just who was subservient; brand new bad lady is certainly one who 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 kissbrides.com handy link 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), who approved the theory you to definitely a husband will get overcome their wife when the she transgresses: “A person cannot beat his neighbor. . The man which beats their neighbor transgresses several bad precepts. And so it’s on the guy just who sounds their partner. He transgresses a couple of bad precepts, when the he failed to hit their particular so you can reprove their for most transgression” [focus mine] (Iggeret Teshuvah, Constantinople, 1548). Hence Roentgen. Jonah distinguishes between partner physical violence and you may stranger violence. One could just physical violence a person’s wife if justified, but one can possibly never ever assault your female next-door neighbor.