The Knesset Law Committee held a debate on a bill proposed by MKs Uri Maklev and Moshe Gafni regarding the jurisdiction of courts (arbitration) to allow arbitration proceedings in batei din.
According to the proposal, the rabbinical, religious or religious-Druse courts will be able to adjudicate as arbitrators on civil matters, on condition that all the parties to the dispute have given their consent and that at least one of the parties is a member of the court’s religion. According to the proposal, judges will be able to serve as arbitrators in any dispute: partnership and neighborly relations, property and ownership matters, and the like.
MK Uri Maklev explained the bill at the start of the discussion and said, “This bill seeks to allow the religious courts to hear arbitration proceedings.”
Shimon Yaakobi, the Director-General of the Rabbinical Courts, said: “Today is a very festive day, 15 years since the courts were disqualified from dealing with arbitration, and the committee is considering restoring the crown to its former glory as since the British Mandate the Rabbinate dealt with arbitration”.
MK Moshe Gafni said, “I want to place things into proportion. MK Maklev and I submitted this bill, the Bayit Yehudi was a partner, and this law started from two women who had a dispute between them and wanted it adjudicated in a beis din affiliated with the Chief Rabbinate as they were taught to do. If you wish to place Maklev and I in that shell, that we only take care of the needs of the chareidi public, we are in another era.
“Maklev and I, with him as Chairman of the Technology Committee, which has long stopped worrying about chareidi issues exclusively but issues regarding the entire tzibur. All these liberals who do not permit us to live. We too want your children and grandchildren to remain Jewish and you object and you know this, for if not, the State of Israel in several decades will look like France”.
In response to Yesh Atid MK Elazar Stern, who interrupted Gafne, Gafne said “If I would go into a coalition with Yesh Atid, we would accept it all and you would be throw out”.
MK (Kulanu) Rachel Azariya expressed opposition to the bill unless it includes adjudicating divorce and marriage and arbitration between employer and employee.
Azaria expressed concern that as in divorce, when the couple tries to take better legal positions, they will want to seize authority and seize the opportunity to get to a discussion in a better place. I demand that it not be connected to an employer-employee, that the employer is stronger than the worker and always has more power. He will refer it to the rabbinical courts and it seems that a worker who refuses is not a situation that can happen. The second thing is women’s, and the third thing is marriage and divorce-all of these must be excluded from the law.
(YWN – Israel Desk, Jerusalem)
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One Response
Under the Ottomans, Betei Din were recognized courts with compulsory jurisdiction in civil matters between Jews. Being an “arbitration” tribunal is a big step down, and means that Eretz Yisrael is no different than America in how it regards Beitei Din.