Responsa for Bava Kamma 63:4
א"ל תניתוה שלזה רשות להלך ולזה רשות להלך
<b><i>GEMARA</i></b>. Rabbah b. Nathan questioned R. Huna: If a man injures his wife through conjugal intercourse, what is [the legal position]? Since he performed this act with full permission is he to be exempt [for damage resulting therefrom], or should perhaps greater care have been taken by him? — He said to him. We have learnt it: … FOR THE ONE IS ENTITLED TO WALK [THERE AND CARRY BEAMS] AND THE OTHER IS ENTITLED TO WALK [THERE AND CARRY BARRELS].<span class="x" onmousemove="('comment',' This proves that where the act is sanctioned no liability is involved. ');"><sup>3</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.
Ask RabbiBookmarkShareCopy