Reply To: Rambam on Marriage

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#626211

“Keep in mind that the Rambam lived in a society and time when wife-beating was condoned. You sometimes have to look at a halacha in the context of the environment in which it was issued. No one lives in a vacuum.

The Wolf”

As anyone even remotely familiar with Rambam can attest, Rambam seldom makes statements in Yad that are not explicit in gemara or midrashim ,at least according to his understanding thereof, and in the instances where he states an opinion of his own he makes a disclaimer. Hence, it is hard to say that historical context influenced the halacha. It seems that the discussion here is ignoring the context of the halacha itself. Striking is only permitted when the wife refuses to do her duties. It is not a beating as punishment, but only to make her do those duties. As soon as she agrees to do those duties if the husband hit her he is punished. Also, does it say in Rambam that the husband is the one to hit? Beis Din in many instances uses physical mean to force someone to fulfill their obligation, and this would seem to be similar. (Tosfos, however, often interprets kefias Beis Din as verbal throughout shas.)