The machlokes among the children of Maran HaGaon HaRav Ovadia Yosef ZT”L continues and it is now heading to a secular court. The Av Beis Din of the Rabbanut Beis Din that has been dealing with the matter has given the family a heter to move to the secular court.
A daughter of Maran challenged the authority of the beis din, expressing his objections to adjudicate the inheritance from their father, asking to move the case to the secular court despite the fact her brothers wanted the matter addressed in a beis din.
Av Beis Din Yerushalayim HaGaon HaRav Yekutiel Cohen decided in Cheshvan to permit the family to move to a secular court to adjudicate the dispute. Rav Cohen explained the beis din does not have the right to hear the case for as long as a daughter objects as is the case, Kikar Shabbos News reports. The beis din received a letter from attorney A. Sharshevsky on behalf of the daughter objecting to the beis din’s authority in the matter.
In light of the new reality, the family has turned to the Jerusalem Family Court, which appointed Vice President Justice Menachem HaKohen serve as an arbitrator towards reaching a solution. The arbitration process is ongoing but it appears agreement may not be reached. Family members have agreed not to speak to the press as arbitration is ongoing.
(YWN – Israel Desk, Jerusalem)
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11 Responses
So sad!
This has got to be disturbing him in Gan Eden. Nebech!
We should all learn from this sad piece of history how to carefully specify our wishes and make it legally binding.
What is daughter’s objection per say?
isn’t really a shame when the children of one of the great rabbis have to fight it out in public and even worse to drag their machlokes into a secular court?
It diminishes the respect for Torah greats in the eyes of the non religious and diminishes the respect for besi din in the eyes of all.
The one who went to secular court keneged halacha mstama doesn’t like the halacha that an inheritance is split between the sons.
I find things like this troublesome. How can Chachamim expect people to go to Beis Din and follow their ruling instead of going to a goyisha court if they don’t set an example? I can understand going to a different Beis Din instead that is of greater stature, but a goyisha court?! That makes two bad statements, 1) the goyisha court is more legitimate than the Beis Din and 2) others have the right to follow suit.
Anyone care to justify this for me?
@softwords, we’re not talking about “chachamim” as you call it, going to secular court, we’re talking about some daughter of his, who doesn’t want to follow Halacha
Shouldn’t this be kept private?
Why does YWN have to publicize this Loshon horah?
to #5 , what are you talking about, a goyishe court?. You must be a neturei karta! Just to clarify, you believe that a non frum Israeli is a goy? It could be yet that all the members of thye court maybe frum, but I suppose they are also goyim because they are in the court system of Israel. Take a history lesson during the summer!
Sentence makes no sense
A “daughter” of Maran challenged the authority of the beis din, expressing “his” objections to adjudicate the inheritance from “their” father.
Can you stop writing yeshivish and write in english please?
8. ardanal – first of all I said “Goyishe”, not “Gentile”. By that I mean that the secular courts here do not judge based on Torah Law, but rather on the standards they adapt from the gentiles.
Secondly,only a miyut of judges in the secular courts here are religious. I take it that you do not live here in Israel.
Thirdly, I take it that you are new to YWN. Otherwise, you would already know that I am far from the radical you tried to make me (not to mention that I am vehemently against the nutty NK). So in that case, welcome to YWN.
Last point – it is well known that Chazal are adamantly against going to secular courts throughout history. In fact, you can be placed in Cherem for doing so (unless special permission was granted by Beis Din). Nothing I said was radical. It could be that in this case there are details that make this one of those exceptions and that was what I was questioning. However, with the present facts it does not look good.
#10 – maybe you can better explain the difference between what you call “goyishe” and “gentileishe”. In your next sentence you refer to it as secular, which is what you should have said in the first place. I wonder why you switched phrases, and continue to say secular thereafter.
To secondly I will sot say anything
To thirdly,Ive been a very long time reader of YWN, probably even you discovered what it is. However, this is the first time I have written, because I do have much better things to do with my time.
Last point, the article clearly states that they were given permission to go to the “secular court”. Usually a bais din will not do that unless someone receives a “siruf” because of their refusal to appear before the bais din. In such a case the plaintiff is given permission to adjudicate the case in a “goyishe” court, the term which cannot exist in Israel, only outside of Israel.
I hope that this is clear to you ant that I saved you from going to school to learn the difference between a “goyishe” court and a “secular court”.