With a growing awareness to the plight of agunos around the world, Justice Minister Tzipi Livni is committed to making certain that newly-appointed dayanim to Chief Rabbinate batei din will measure up to her hashkafic outlook, in line with her liberal view of Judaism.

The Knesset Law Committee on Sunday, Rosh Chodesh Adar II 5774 approved a bill sponsored by MKs Shuli Moalem-Refaeli (Bayit Yehudi), Zevulun Kalfa (Bayit Yehudi), Moti Yogev (Bayit Yehudi), Dr. Aliza Lavie (Yesh Atid), Tamar Zandberg (Meretz), Miri Regev (Likud) and Zahava Gal-On (Meretz) that permits jailing a recalcitrant husband for a maximum of 20 years instead of the current 10 years.

Other actions aimed at improving the plight of agunos in her eyes include appointing a female director-general to the nation’s batei din for the first time ever. This and other related issues were addressed at a Bar-Ilan University forum on the subject held on Monday, 1 Adar II 5774, with Prof. Shachar Lifshitz leading the fight on behalf of the woman. Lifshitz is a member of the dati leumi community, dean of Bari-Ilan Law Faculty and a member of the Israel Democracy Institute.

Lifshitz is quoted in the daily Yediot Achronot saying “the current situation discriminates against women” and he feels Halacha provides solutions which he is working to implement in the batei din of the Chief Rabbinate of Israel. Prof. Lifshitz feels the Halachos to assist women do exist, but they are simply not in use. He hopes to change this.

Three examples listed by Prof. Lifshitz include using “ancient Halachos;

1) Rabbeinu Yerucham – that if a husband agrees to give a get for a sum of money it will be viewed that he agrees to give a get. Hence, if he recants, a get can be forced upon him.

2) If a woman testifies her husband is repulsive to her ( מאוס) she can unilaterally give a get

3) Rabbi Eliyahu Falaji: If a couple lives apart for 18 months, the beis din views there is no chance for shalom bayis and can compel the husband to give a get.

Prof. Lifshitz adds “it is astounding that the Rambam, who live hundreds of years before us said a woman cannot be prisoner to her husband ( שבויה אל הגבר), adding this is accepted by chareidim too and he wants to begin urging dayanim to think in line with these Halachos in cases of refusal.

Justice Minister Livni is using her authority to do more than urge dayanim, as she is hand selecting candidates for appointment to the batei din, disqualifying any dayan that does not meet her political hashkafa of what a dayan should be. Any applicant with a criminal or administrative proceeding against him she feels is not eligible. Despite her tenacious efforts to select dayanim in line with her hashkafa, she is meeting opposition from the Bayit Yehudi party and its political muscle in the coalition.

Livni has announced that no dayan is going to be appointed until her office has a chance to review all of his past rulings to determine suitability. She explains experts will review the piskei Halacha in an effort to prevent appointing radical or rebellious dayanim. “Dayanim and chief rabbis of cities must realize they too are subordinate to state law and good governance. They must remember they are to act for the betterment of the tzibur and not to abuse their powerful positions. I believe the time has come for the sun to shine on the state’s judicial system, the courts and batei din. As such, it is not enough to advance legislation but also to advance the correct dayanim and rabbis, those who are not rigid but those who bring Yiddishkheit to the public.”

(YWN – Israel Desk, Jerusalem)