The Ministerial Legislative Committee on Monday, 4 Sivan 5773 approved a bill sponsored by MKs Shuli Moalem-Refaeli (Bayit Yehudi) and Aliza Lavi (Yesh Atid) demanding the appointment of women to the committee that selects dayanim who serve in Chief Rabbinate of Israel courts. The bill compels the appointment of three women to the committee in additional to a female rabbinical advocate.

At present, the committee to appoint dayanim is made up of ten people, including the two chief rabbis, two dayanim from the Chief Rabbinate Supreme Court, the minister of justice [who serves as chairman], an additional cabinet minister, two MKs, and two attorneys who serve as representatives of the Israel Bar Association. In the past, a representative of the bar association was the single woman on the committee. Since the bar did not select a new representative last year, the committee is now men only.

In recent months the chief rabbis have tried to bring the matter to the forefront, citing the severe backlog in the rabbinical courts resulting from dayanim retiring and the lack of new appointments. The rabbonim have warned of the total collapse of the system, but have been compelled to wait until after elections due to a Supreme Court ruling. It must now be determined which women will be tapped to serve on the committee. Adding to the delay has been the bill, which seeks to have women serving on the committee. The MKs explain that while the dayanim are men only, as has always been the case, in a modern open democratic society there is a need to strive for equality and in this case, this would be manifested in the appointment committee. The women MKs explain that in this case, this is the only option and it is fitting since dayanim rule on matter impacting men and women alike. Therefore, the bill demands half of the representatives of the cabinet, Knesset and bar association will be women in addition to a female rabbinical advocate. Moalem-Refaeli explains that she believes if half of those appointing dayanim are women, the dayanim will have an easier time ruling as they should in line with Halacha.

The director of the rabbinical courts, Rabbi Shlomo Dichovsky, himself a retired dayan, is calling to convene the committee as quickly as possible towards selecting dayanim. Dichovsky, who opposed the bill, now signals his support and the fact the committee represents a better balance.

MK (Yahadut Hatorah) Moshe Gafne was opposed and remains opposed, stating “You are going to make the entire country chiloni with kippot srugot”. Gafne warns the MKs they are destroying Yiddishkheit, asking why they don’t’ legislate a similar law for the appointment of judges. He warns that they are going to vanish in another generation as a result of their own policies.

MK (Yahadut Hatorah) Rav Uri Maklev added, “You want to tilt the law and intimidate dayanim. This is unprecedented. Suggesting that women should be appointed by women is like suggesting justices should be appointed by the victims.”

The bill must now be brought for a first reading in Knesset, a move expected to take place in the coming weeks.

(YWN – Israel Desk, Jerusalem)