The High Court of Justice on Sunday 30 Nissan rejected a petition seeking to overrule a ruling handed down by the Jerusalem Beis Din compelling the father of a recalcitrant husband to pay child support as part of the arrangement seeking to assist the agunah. The husband fled Israel and is now residing near the Tziyun of Rav Nachman in Uman, leaving his wife without alimony or child support.
After many sessions of the Chief Rabbinate Jerusalem Beis Din in front of Dayanim Av Beis Din Rav Yaakov Eliazrov, Rav Yitzchak Zar and Rav Gideon Shiryon, the husband remained firm, refusing to give his wife a bill of divorce. The dayanim decided to apply הרחקות דרבנו תם on the recalcitrant husband, which includes a cherem prohibiting davening with him, to inquire into his well-being, to host him, to feed him and more until he agrees to give the ‘get’.
In addition, seeking to assist the agunah and increase the pressure on the husband, the beis din ordered the father-in-law to pay child support for the grandchildren, three in number, amounting to NIS 2,000 monthly. This amount represents the difference between the amount ordered to pay by the beis din and the amount the wife receives from Bituach Leumi. The beis din also issued an order prohibiting the father-in-law from leaving the country.
The father-in-law appealed to the Supreme Beis Din but it was rejected because it was not filed on time. The father-in-law then appealed to the High Court of Justice, citing the beis din acted contrary to acceptable rules of justice for he should not be held accountable for the actions of his son.
The High Court with Justices Elyakim Rubinstein, Yitzchak Amit and Noam Solberg rejected the petition.
(YWN – Israel Desk, Jerusalem)
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One Response
But did the goyish court (the Israeli Supreme Court) rule that the decision of the (Medinah’s) Rabbinical Court was not reviewable on the theory that the rabbinical courts are equal to and not subject to the secular Supreme Court — OR di they happen to agree. Under both Jewish and Israeli law, a husband can be expected to pay child support and to support his wife (under halacha, the normal way a husband can terminate his obligation to support his wife is to give her a “get” – and the reason there wasn’t an “agunah” problem until recently is when Jewish courts had authority a man not wanting to support his wife would rush to give her a “get”- the current “crisis” is due to the fact the Beitei Din can no no longer force husbands to support their wives).