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In Groundbreaking Decision, Rabbinic Court Equates Lesbian and Heterosexual Relations

After 10 years of marriage, with 2 children, the wife began an affair with her female boss.
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Photo Credit: YYanover

After four years of deliberations, a rabbinic court in Rishon LeTzion, Israel, awarded a husband a get (halachic divorce), and also determined that his wife’s affair with her female supervisor was tantamount to infidelity, and therefore rejected her plea for alimony, Mynet reports.

The couple had been married for more than 10 years and had 2 children. According to the suit that was filed with the rabbinic court, the wife at some point began an affair with her boss at work. Despite the fact that the wife denied the charge of an affair, claiming it was merely a friendship, the husband insisted on ending the marriage. Both the court and the wife asked that they start a “Shalom Bayit” (domestic harmony) procedure, to keep the marriage alive for the couple’s well being and for the sake of the children.

The husband, represented by Attorney Shaul Dabach, agreed to a trial compromise and the couple started attending marriage counseling sessions. But, according to the husband, despite those efforts to bridge the gap between them, the wife maintained her lesbian relationship. The husband gave up and started seeing another woman, effectively sealing the fate of the marriage.

After more than four years, in sessions that subpoenaed a long list of witnesses and very long discussions, the rabbinic court last week decided there was no point in continuing the effort to restore the marriage and finalized the couple’s divorce. The court also rejected the wife’s request to receive alimony, because of her affair with her girlfriend. With that, the court, in fact, determined that a lesbian affair constitutes halachic infidelity which is grounds for not receiving alimony.

Attorney Dabach told Mynet: “I am glad that after a lengthy and uncompromising battle, I was successful, through my professional efforts, to prove to the regional rabbinic court that my client’s claims are truthful and that there is no foundation to the wife’s counter claims, which have all been rejected.”

It is not clear what the full ramifications of the court’s decision might be – was it merely the court’s way of punishing the wife for reneging on her commitment to work on Shalom Bayit, or were the judges, in fact, considering a homosexual affair between women to have the same halachic weight as a heterosexual affair.

A rabbinic expert the Jewish Press consulted suggested the wife is likely to sue the husband in secular court for child support, if, indeed, the rabbinic court absolved the husband of financial responsibility for the children.

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About the Author: Dovid Schwartz is an owner of JewishPress.com and chairman of the Karnei Shomron Likud branch.


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No Responses to “In Groundbreaking Decision, Rabbinic Court Equates Lesbian and Heterosexual Relations”

  1. NOT sure what to make of this (disturbing) decision… it is way past this blogger's purview!

    • Roc Diaz says:

      why is it disturbing, because his slut wife didnt get money out of him? shes the one who should be paying him for her infidelity, pain and suffering

    • Roc Diaz says:

      why is it disturbing, because his slut wife didnt get money out of him? shes the one who should be paying him for her infidelity, pain and suffering

    • Roc Diaz says:

      why is it disturbing, because his slut wife didnt get money out of him? shes the one who should be paying him for her infidelity, pain and suffering

    • Roc, it is disturbing because a Pandora's box has been opened via the Rabbinate, and some will take it to mean that homosexual relationships are on par with heterosexual, even though this was likely not their intent! So, this should have gone straight to a secular court as per the alimony issue, and they should have stuck to the 'Get' part, which is their domain! Understood?

    • Arie Rosenrauch says:

      And why shouldn't they be? You are BORN gay or straight. If you believe in G-d, then (s)he is the one that determined that. It is NOT a life's choice. As for the 'get' part, another can of worms that needs a sincere change. I could never understand why people have such a need to be concerned about someone's G-d given sexual preferences rather then so many other family issues

    • What proof does the husband have that the "affair" is any more than a friendship? Considering how quickly HE jumped the gun and got a new woman before the couple even ended counseling, I doubt his sincerity in fixing the marriage. Sounds like he was looking for an excuse. And his cheating is undeniable. Hers is still up for debate pending proof. Further, according to the torah lesbian acts are not counted as cheating. Who are these new experts who know better than the source material? Go found your own religion, just don't pretend it's Judaism.

    • Whatever the case, my main point is that the Rabbinate should not have heard this case. Period. It belonged in a secular court.

  2. Rc Fowler says:

    What a disgrace it took four years to decide what should have taken four seconds!

  3. Arie Rosenrauch says:

    About time! Being Gay or Lesbian is NOT a life choice but how you are born. BOTTOM LINE: If you really do believe in G-d, then you either accept his determination as to your sexual preferences or believe he "makes mistakes".

  4. Garden State says:

    What an absurd decision! Are they just trying to make rabbinic court irrelevant?

  5. What an odd set of events. On one hand it's a rabbinic imprimatur of lesbian relationships/retrogression of judgmental attitudes; and on the other — a penalty/or better perhaps — a call to accept responsibility for any and all behavior. Am I the only one to sense something positive going on here? What could it be? Is a middle line trying to emerge?

    • Arie Rosenrauch says:

      Interesting observation Felicia, THANKS. You are correct. In a way – convoluted perhaps but still a start – the Rabbinic Court has affirmed same sex relationships. I do, however, question as to why they are prepared to punish the children by not forcing the father to pay child support. Regardless of the mother & father's personal living situations, the children must still be cared for. They are BOTH responsible.

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