Rabbonim and dayanim are angered and concerned following the “unprecedented” interference of the High Court of Justice in a divorce case being adjudicated by a beis din, the daily Yated Ne’eman reports. The case was reported by YWN-ISRAEL on January 30, 2013, stating the nation’s highest secular court overruled the psak of the Supreme Rabbinical Court, blocking the release of a recalcitrant husband from jail as ordered by the dayanim.
Addressing the secular court on behalf of the Rabbanut, attorney Rav Shimon Yaakobi explains the intervention of the secular court, blocking the husband’s release, places the ‘get’ that he gives to his wife in question since it must be given on his own free will, explaining that is why the dayanim decided to order his release. Yaakobi adds the husband was compelled to leave a very high monetary bond to guarantee his future appearance at hearings in the case, questioning the wisdom and justification of the High Court’s involvement.
“Prior to the court issuing an arrest warrant the court gives the matter a great deal of thought but in this case it appears the hand was too quick on the trigger” Yaakobi writes. He questions the court’s blatant involvement in a “strictly Halachic matter, contradicting the dayanim in the case.”
The rabbonim involved in the divorce case fear the involvement of the secular court in the matter sets a very dangerous and worrisome precedent for the future. “This is the first time in the Western world a court involved itself in this type of case in total contradiction to the opinion of the dayanim” the report adds, and the dayanim fear the precedent may compromise the integrity of the ‘get’ process in the future.
MK (Yahadut Hatorah) Uri Maklev told Yated there High Court’s involvement in such a case is unprecedented, and its intervention has a direct impact on the Halachic realities in the case, and it may result in dire consequences. “The court’s actions represents crossing a red line” Maklev is quoted as saying. He warns the court usurped the dayanim and they feel that their actions are viewed as correct and prudent, warning they feel they can do as they please.
Maklev added he hopes the 10th Knesset will act to prevent the secular court from intervening in strictly Halachic matters in the future.
(YWN – Israel Desk, Jerusalem)
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17 Responses
Can you truely call it a “beis din” when they work for a government that is controlled by non-frum Jews and operate not by authority of halacha, but by authority of an act of the Israeli parliament? Israeli law makes it very clear that all government court follow the medinah’s law as interpreted by the Israeli Supreme Court – and any judge who is on the medinah’s payroll agreed to those terms.
The get may be a “get meusa” since it came about from pressure of a secular court that the obeisant din did not sanction.
Typo: …that the “beis din” did not sanction.
Is it considered duress if the Beis Din wants to release him but the secular court does not, for its own secular reason?
What if a married person is in jail for stealing. Does that mean he can’t give his wife a get until he is released from jail? Or do we say that he could because he was not placed in jail in order to force a get?
#1 Rav Elyashuv belonged and was a member of this so called “government beis din”, which shows you there is more to this than meets the eye.
#5- And he also resigned in disgust from this so called bais din.
Get your facts straight.
#5: And Rav Eliashev resigned it out of disgust with it.
There is no Posuk that says B’feresh that,a woman must receive a get in order to be Mutter Lcol Odom. The objective of the Pesukim, is, to tell us that once a woman gets sent away from her husband and marries someone else, she can never come back to the first husband, even if she had permission from the first and the second husband to leave, and she has the paper (Sefer Kreesis) to prove it.
#8: So your point is the Reform way that a wife can marry a second man without getting a divorce from the first? Can she have three husbands too?
#9, No. The first huaband must send her away, “V’shilcho Mi’beisoi”. The Gett is a ‘Proof’ that he actually sent her away and allowed her to leave. Just be M’ayin in the Psukim.
So its really much easier if we can conclude their marriage wasn’t valid to begin with, and then there won’t be hordes of mamzerim to worry about. Trying to have kosher marriages, knowing they will be followed by treff (wink!) lifestyles, is counter-productive.
#10: He must do so willingly, otherwise it is invalid. If he is pressured by the secular courts, as in the above case, it is invalid.
moderators: i’m surprised! #8 & #10 are plain apikorsus! they throw the entirety of maseches gittin in the garbage can!!!! the guy is either a total am ho’oretz, or a deliberate kofer. either way, such words, which negate the pirush of tora sheb’al peh, have no place here!!!!
as clear in the gemora “sefer korsoh”, the nesinas haget is the divorce, there can never be any kind of divorce without that!
It’s interesting that no-where in Tenaach do we see that anybody ever gave anyone an actual Get for Geirushin.
#15: aha! and where in tanach do we find geirushin of any other kind? in any case, let me state this clearly: i am NOT a tanach yid, nor were avosai v’avos avosai until har sinai! we follow tora shebich’sav ONLY ACCORDING TO TORA SHB’AL PEH!!
To #16
Most Yidden believe that the Yiddishkeit they practice today, (at least the Di’oireisu) was also practiced by Shmuel Hanovi, Dovid, Shlomo, Chiskiyohu, Etc.
So we do want to find some episodes containing some Mitzvohs, among the hundreds of episodes related in Tenaach. Don’t forget that in times of Bayis Sheni, 80% of their time shouls have involved Mitzvohs and withdrawing from Asurim.