Five years ago, there was a storm among dayanim as the case involving a defendant who happened to be the Av Beis Din of the Tel Aviv Rabbinical Court, Dayan Rav Dov Domb. The case dealt with a fraudulently issued ‘get’ by the Tel Aviv Beis Din. Now, years after the case was announced, in light of police recommendations to move ahead with criminal charges a lawsuit has been filed seeking damages in excess of three million shekels against four of the dayanim who served in the beis din.

The case was exposed when the judicial ombudsman submitted a complaint alleging four of the dayanim in the Tel Aviv Beis Din arranged a ‘get’ for a disabled couple after relatives turned to Dayan Domb requesting his assistance to arrange the divorce without the couple’s knowledge. The case was reported on by YWN-ISRAEL in 2009.

The couple was brought to the beis din under false pretenses and taking advantage of their disabilities. They were told they were being transported to a location at which they would arrange for them to receive public housing in Haifa. When the couple arrived, they signed a document which was blank, which was later completed and presented as their divorce agreement. The couple was never informed this was done.

This agreement was later amended and then submitted to the court as an official record. The couple remained in the dark. The dayanim told the couple that in order to become eligible for the public housing; they would have to live apart for a certain period of time. They were separated with the understanding the arrangement was for three days but they were never permitted to reunite since.

The couple has since given testimony, with the woman explaining when she left the beis din she had no idea that they had been divorced since no one told them this was the case.

The case was later brought before Rishon L’Tzion HaGaon HaRav Shlomo Amar in his capacity as Av Beis Din to determine the validity of the ‘get’. He has yet to issue a ruling as promised.

In the lawsuit, which spans over 70 pages, the plaintiff’s attorneys addresses the trampling of the dignity of his clients and the damage to basic human rights by the dayanim, not to mention exploiting their weakness and their limitations.

The “outrageous act” and the damages to the couple the legal team explains are the result of lies and deception by the beis din and a total disregard of their basic rights and dignity by the dayanim.

“Dayan Domb blatantly exceeded the need to fill a role and his action were not consistent with that of a legislature and not within the acceptable norms found in a developed nation…” the plaintiff writes. The plaintiff blames Dayan Domb of dragging his colleagues in “to become a part of the deceptive, contemptible and unacceptable behavior which led to the bitter result. During every step of the process in the chain of injustices caused to the plaintiff each of the dayanim could have each stepped in and stopped the speeding train to prevent the damage” but no one did.

The other dayanim involved are Rav Aviran Yitzchak Halevy, Rav Yitzchak Elmaliach and Rav Tzvi Ben-Yaakov.

The lawsuit comes now as Israel Police last week announced it completed its investigation into Rav Domb from the Tel Aviv Beis Din and Dayan Moshe Ochana of the Petach Tikvah Beis Din. That investigation deal with allegations probed by police that the dayanim became personally involved, using their influence to impact a number of divorce cases. They were accused of disqualifying witnesses and interfering in cases as well as breach of trust. Police feel there is sufficient evidence to back the charges and move ahead with criminal indictments against them. The case has been handed to the prosecution to render a decision. The final decision will be made by the attorney general.

The case led to Justice Minister Tzipi Livni announcing she was acting to have two dayanim dismissed. The dayanim in question suspended themselves months ago.

Attorney Elkana Bishitz, who represents Dayan Domb, announced “The case involved a woman whose father approached the beis din and asked in her name for the divorce. The couple at times spoke of ending their marriage and the case was nothing out of the ordinary”.

Bishitz adds the woman was fully cognizant of what was taking place and willingly accepted the ‘get’ from her husband, rejecting any allegations of deception.

(YWN – Israel Desk, Jerusalem)