The Tel Aviv Beis Din convened on Wednesday, 26 Nissan in the case of an agunah and her imprisoned father-in-law. Back in March 2016, YWN-ISRAEL reported on an unprecedented move by the beis din, as it decided to imprison the recalcitrant husband’s father for continuing to instruct his son not to give his agunah wife a get. Av Beis Din Dayan Rav Shlomo Stessman Shlita called this case “cruel and among the more difficult agunah cases being addressed.”

The father-in-law was represented by prominent attorneys Eliad Shraga and Yael Nagar but what surprised many is that they were armed with a psak halacha stating the beis din exceeded its authority by imprisoning the father-in-law. The teshuva was prepared by the former Av Beis Din of the Chief Rabbinate of Israel Supreme Beis Din, Jerusalem Sephardi Chief Rabbi Shlomo Moshe Amar Shlita. Rav Amar explains the beis din does not have the authority to imprison anyone other than the couple involved in the divorce. Rav Amar writes it is prohibited to imprison parents or siblings because the Torah writes “לא יומתו אבות על בנים” and while the beis din may probe, question and investigate, it may not imprison them.

In an effort to find a solution to this case Rav Amar explains the recalcitrant husband insists the case should be heard in a United States beis din. He suggests permitting the case to be moved but compelling the husband to place a sizable sum down to the American beis din to guarantee he opens the case with a US beis din and appears for diyunim.

Av Beis Din Dayan Shlomo Stessman confiscated the father-in-law’s and mother-in-law’s passports and issued an order prohibiting him from leaving Israel over a half year ago. About six weeks ago the beis din decided the mother-in-law is not connected and ordered her passport returned but it appears this has not yet occurred.

The mother this week petitioned the High Court of Justice to order the beis din to return her passport immediately.

(YWN – Israel Desk, Jerusalem)