Responsa על בבא בתרא 292:2
Teshuvot Maharam
Q. Leah rebelled against her husband A, the son of Mendel Kern. When warned that she might lose her ketubah and the dowry (which she brought in upon her marriage) and that she might be forced to wait for many years for her divorce she threatened, among other things, to go and live among the Gentiles. Since the women of Regensburg were always arrogant in their relations to their husbands and now are even more supercilious than ever, Leah should be dealt with in a manner that would serve as a warning to her haughty sisters. A should be permitted to remarry immediately in accordance with the view of R. Eliezer b. Nathan, while Leah should be forced to wait for her divorce for many years. However, Leah should not be left entirely to the mercy of her husband who, after marrying another woman, might demand an exorbitant sum for Leah's divorce, or might refuse to divorce her altogether. We, therefore, leave it to you to decide upon a proper punishment for Leah.
A. In order to curtail the possibility of Jewish women turning to mischief, and in order that people might not say: "This one is A's wife and this one his paramour", we should not permit the husband to remarry before he divorces his rebellious wife. Therefore, A should receive a limited amount of money and give Leah her divorce, or, he should give Leah a divorce on condition that the divorce become valid (from now and) twelve months, or two years, after date. After the delivery of such a conditional divorce, A may be permitted to remarry immediately. If, however, Leah had good reason to detest her husband, she should be dealt with more leniently. Therefore, you should use your judgment in determining the severity with which Leah is to be punished.
SOURCES: Pr. 946; Mordecai Hagadol, p. 161b.
A. In order to curtail the possibility of Jewish women turning to mischief, and in order that people might not say: "This one is A's wife and this one his paramour", we should not permit the husband to remarry before he divorces his rebellious wife. Therefore, A should receive a limited amount of money and give Leah her divorce, or, he should give Leah a divorce on condition that the divorce become valid (from now and) twelve months, or two years, after date. After the delivery of such a conditional divorce, A may be permitted to remarry immediately. If, however, Leah had good reason to detest her husband, she should be dealt with more leniently. Therefore, you should use your judgment in determining the severity with which Leah is to be punished.
SOURCES: Pr. 946; Mordecai Hagadol, p. 161b.
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