Avigal

The first time I arrived at the court to obtain a restraining order, I was alone, without a lawyer. I was so confused, it isn’t

Pnina

It took a long time until the Dayanim realized that this was a difficult, unusual case involving extreme violence. It didn’t happen at the start.

Sigal

At the Beit Din, it is not clear that a person’s freedom should be in his own hands, and that you cannot force someone to

Gila

The Dayanim realized from the start that there would be no “Shalom Bait” (spousal reconciliation), which was requested by the other party. However, they struggled

Shira

Following our decision to get divorced in 2002, we signed a divorce agreement via a mediator in which he promised to give me a get.

Amendment to the Rabbinical Courts Law (Upholding Rulings on Divorce) – Restrictions on those who refuse to grant a divorce, 5755-1995

In 1995, the ‘Law for the Enforcement of Judgments’ was enacted, also known as the ‘Sanctions Law’. This law allows the Rabbinical Court to impose restraining orders on those who refuse a divorce in cases where the ruling is not complied with.

Some of the sanctions that can be imposed on the refuser by virtue of the law are: an order forbidding leaving the country, foreclosure of a bank account, revocation of a driver’s license and even imprisonment.

Keren

My experience in the Rabbinic high court was extremely difficult. Each time I was there, I felt that I was encountering resistance from the dayanim

Case 9261/16 Agunah of Tsfat

In 2014 the petitioner was granted a proxy divorce by the Rabbinical Court in Zefat. Since the husband was a “vegetable” the court acted on his behalf during the Halakhic procedure and released the woman from her marriage. In 2017, after a man unrelated to the case, appealed against the ruling, the Rabbinical High Court decided to hold a new hearing on the divorce case. Mavoi Satum successfully petitioned the Supreme Court of Justice, arguing that the Rabbinical High Court is not entitled to reopen the case based on the petition of someone unrelated to the case, thus preventing the woman from becoming once again a tragically chained agunah.

Case 882/20 – Pedophile witness

The Rabbinical court, by a range of actions beyond its authority, ruled to reject the application of a woman to annul her marriage since one of the witnesses to the marriage was a pedophile. The High Court of Justice has not yet responded.

Bill to amend the Marriage and Divorce Ordinance (Registration) (repeal of section 7), 5758 – [10] 2017

In this bill, it was proposed to repeal section 7 of the law altogether. Pursuant to this section, a person who does not register his marriage or divorce will be punished with two years of imprisonment. This provision may apply to any couple conducting a private marriage ceremony without registration.

Imprisonment for spouses who performed a private marriage ceremony constitutes a violation of fundamental rights to religious freedom and the privacy of the individual and is in conflict with the values of Israel as a Jewish and democratic state.

Case 2102/18 – Private marriage registration

The petition was lodged with the High Court of Justice requesting that it instruct the court to register a couple, who were married privately according to Jewish Law, as a married couple. The court rejected the petition.

Case 8213/14 – Appointment of a female director of the Rabbinical Courts.

The appeal was lodged with the High Court of Justice following the refusal of the courts to consider a woman for the position of Director. The appeal was accepted and the regulations amended. Unfortunately, the President of the Court was able to circumvent the need to hold an open tender in which both genders could apply for the position, and appointed a sitting judge to the position without a tender. During the deliberations on the appeal, the High Court instructed the court administration to appoint a woman as deputy director of the rabbinical courts. This instruction was implemented.

Bill to amend the Marriage and Divorce Ordinance (Prenuptial Agreements), 5774- 2013

The purpose of this bill is to prevent divorce refusal by the bride and groom signing a prenuptial agreement.

It was proposed that the prenuptial agreement include the prohibition of the termination of the marriage on ancillary matters, such as child custody, child support and education, financial matters and more. In addition, it was proposed that the agreement provide for a financial incentive paid by a refusing spouse to the spouse seeking to terminate the marriage until the actual termination of the marriage.

Actually, prenuptial agreements already exist in practice but many couples avoid signing them. Hence, it was proposed to make them the norm in law.

Civil Marriage Permit Bill (Amendments to Legislation), 2013

The purpose of this bill is to stipulate that the authority to discuss the dissolution of the marriage of spouses who have chosen to marry in a civil marriage outside Israel, despite their ability to marry in Israel, will be determined in the courts for family matters.