Responsa for Bava Kamma 63:17
<big><strong>גמ׳</strong></big> מתני' דלא כאיסי בן יהודה דתניא איסי בן יהודה אומר רץ חייב מפני שהוא משונה ומודה איסי בע"ש בין השמשות שהוא פטור מפני שרץ ברשות
In the case of two cows on public ground, one lying down [maliciously] and the other walking about, if the one that was walking kicked the one that was lying, there is exemption [since the latter too misconducted itself by laying itself down on public ground], whereas if the one that was lying kicked the one that was walking, there is liability to pay. May not [the following be cited in] support of this:<span class="x" onmousemove="('comment',' I.e., that misconduct involves liability for damage that may result. ');"><sup>14</sup></span>
Teshuvot Maharam
Q. A often beats his wife. She begged him to promise not to beat her any more, but he refused to make any such promise. Even when she appeared in the Synagogue to demand that A pay the debts she had contracted in order to pay for her sustenance [probably during a period of separation], A stubbornly refused to promise that in the future he would refrain from beating her.
A. A must pay for his wife's sustenance since by his action he has shown that he had not decided to desist from his shameful practice. One deserves greater punishment for striking his wife than for striking another person, for he is enjoined to respect her. Far be it from a Jew to do such a thing. Had a similar case come before us we should hasten to excommunicate him. Thus, R. Paltoi Gaon rules that a husband who constantly quarrels with his wife must remove the causes of such quarrels, if possible, or divorce her and pay her the ketubah; how much more must a husband be punished, who not only quarrels but actually beats his wife.
SOURCES: Cr. 291; B. p. 319 no. 780; Mordecai Hagadol, p. 182a.
A. A must pay for his wife's sustenance since by his action he has shown that he had not decided to desist from his shameful practice. One deserves greater punishment for striking his wife than for striking another person, for he is enjoined to respect her. Far be it from a Jew to do such a thing. Had a similar case come before us we should hasten to excommunicate him. Thus, R. Paltoi Gaon rules that a husband who constantly quarrels with his wife must remove the causes of such quarrels, if possible, or divorce her and pay her the ketubah; how much more must a husband be punished, who not only quarrels but actually beats his wife.
SOURCES: Cr. 291; B. p. 319 no. 780; Mordecai Hagadol, p. 182a.
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