In what is being described as an unprecedented move since the establishment of the Chief Rabbinate of Israel, Av Beis Din Rishon L’Tzion Rabbi Yitzchak Yosef Shlita has convened the entire Supreme Beis Din to rule on a ‘get’ given by the Tzfat Beis Din. Only recently, with the appointment of new dayanim, can the entire forum convene.

According to a Kikar News report, the bill of divorce in question was given by the Tzfat Beis Din headed by Av Beis Din Rav Uriel Lavie, who heard the case of a wife who husband remains comatose. The beis din ruled she is permitted to remarry after the ‘get’ was served by the beis din.

The ruling was perceived as controversial in the eyes of dayanim in Israel and the Diaspora and in response, the entire Supreme Beis Din was convened to discuss the matter. There was also an outcry against the ruling from Gedolei Yisrael Shlita.

Since the number of dayanim serving on the Supreme Beis Din is even, Rav Yosef instructed the junior dayan not to take part to permit an odd number of dayanim to rule on the case.

It now appears the members of the Tzfat Beis Din, Rav Lavie, Rav Bazak and Rav Viguda will be summoned to explain to the Supreme Beis Din how they arrived at their ruling. It is pointed out that in the original psak from the Tzfat Beis Din the dayan added that if the Supreme Beis Din does not accept their position then they will accept the decision of the majority.

Most feel the Supreme Beis Din will overturn the ruling of the Tzfat Beis Din and invalidate the ‘get’.

It is pointed out that there is a 10-page teshuvah from HaGaon HaRav Ovadia Yosef ZT”L in which he writes about a similar case and Maran ruled there is no place for a ‘get’ for a wife whose husband is in a comatose state.

(YWN – Israel Desk, Jerusalem)