Baruch Hashem, the matter of recalcitrant husbands is not widespread, however, one cannot deny its existence and the severity of the situation resulting from such actions. The Rabbanut has given the green light to move ahead with criminal proceedings against two husbands who refuse to give their wives a ‘get’ as ordered by the beis din.

In the past, the nation’s batei din only had jurisdiction over the civilian level, which at times led to placing recalcitrant husbands in jail. Unlike prisoners convicted of crimes however, conditions for recalcitrant husbands in jail are quite good, relatively speaking. For one thing, they are released the moment they decide to give a ‘get’. Today, the state will ask the courts to move ahead with a criminal indictment in cases the beis din feels have reached this level of refusal by the husband.

Once case in which the beis din has used its new authority is that of agunah Tzviya Gorodetzky, who has been waiting for a ‘get’ for 17 years. Her husband has been in jail for the past 14 years and the beis din feels that all measures permitted by law have been used against him, including imprisonment in isolation.

In the second case, the couple was living in the USA and since their marriage fell apart, the husband has been in jail for 3.5 years.

The Rabbanut will be using these powers in additional cases, turning to the State Prosecutor when applicable, which would also include the extradition of husbands who fled, which today includes some 100 people.

Director of the batei din, Rav Shimon Yaakobi, explains, the policy will send a message that the system is making combating refusal to give a ‘get’ as a high priority. Rav Yaakobi explains the Rabbinate will continue working, exerting maximum effort, to minimize cases of agunos – working in conjunction with the Justice Ministry and State Prosecutor.

(YWN – Israel Desk, Jerusalem)