Israel’s Supreme Court has handed down a precedent-setting ruling pertaining to divorce in Eretz Yisrael.
The ruling states that if a couple in the process of getting divorced has ratified the divorce settlement before dayanim in the Rabbinical Court, then if the agreement is reopened or challenged by the parties in some way at a later date, which is not a rare occurrence, they may continue all proceedings in a civil court and they are not required to seek approval of the beis din to move to another jurisdiction.
While couples in the past could adjudicate the dispute in a family court in the past, it was only with the approval of the rabbinical court system. The ruling gives the green light for addressing all issues in a family court and not having to deal with the rabbinical judicial system once a ‘get’ was issued and an agreement ratified by the couple.
YWN-ISRAEL checked with a prominent frum Jerusalem divorce attorney who explains that this has nothing to do with an actual ‘get’, which can only be adjudicated in front of a rabbinical court as has always been the case.
(YWN – Israel Desk, Jerusalem)
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6 Responses
Why should there be any rules governing where two people (who happen to be divorced) are litigating their disputes? If one side wants a particular Beis Din, and the other one wants a different place, that’s a different issue. But if the two people agree on a different fora, be it the zionist courts, or a hareidi court, or even ask a mutual aquaintance to arbitrate – why shouldn’t they be able to decide what they want. What would be threatening is if the new rule is one prohibiting a Beis Din from hearing a case even if the a party prefers it.
To those who want to force everyone into the government’s “religious” courts, remember that whomever controls 61 seats in the kenesset determines the law governing those courts, and who the judges are – and it is not in our interest to grant broad powers to a court that might someday (soon) have rules we dislike (e.g. the parent favoring the most secular education wins, men who didn’t serve in the army always lose, the best interests of a child is to be raised as a good zionist, etc.).
If a get is given based on a certain agreement and the the agreement is violated the get is batul
The high court a combination of judges that respecfully look into the shilchon aruch like the chicken into bnei odom, so they dream that the halacha changes based on their opinion.
Any one who does not care about halacha does not care for their heter, any one that does care for halacha directs his halacha shaalos to a dayen not a judge.
So why spend every ones money for non sense opinion, we call it chelemer chachomim.
akuperma: whoever, not whomever
1) If they want to go to BD, they can. This is talking about where either one or both parties don’t want to go to Beis Din.
2) Not true. Furthermore, this is not talking about get issues, this is talking about post-divorce issues, most likely child support, custody, alimony, etc.
If the status of Botei Din in general weren’t in such shambles, the chances that the Israeli High Court would have handed down such a ruling, are far slimmer.