web analytics
December 19, 2014 / 27 Kislev, 5775
 
At a Glance

Posts Tagged ‘Rabbinical Court’

New Hope for ‘Agunot’ Women Trapped by Separated Husbands

Tuesday, December 10th, 2013

A new independent rabbinical court to address the issue of agunot, so-called “chained women” whose husbands refuse to give them a religious writ of divorce, will be launched next year, the Jewish Orthodox Feminist Alliance announced this week at a conference in New York.

Jerusalem Rabbi Simcha Krauss, a leading Modern Orthodox rabbi and widely respected scholar, will head the court (Beit Din), which will have no institutional affiliation and will begin operating in New York.

Rabbi Krauss told JTA that the court will utilize little-used, obscure resources in Jewish religious law to free agunot, including the ex-communication from communal prayer of their husbands and Sephardic laws that allow for greater initiative from women in divorce cases.

He said he will leave “no door unopened” in his quest to address the plight of agunot.

Eventually, Rabbi Krauss said, he wants to open an affiliate court in Israel. He also is working on attaining approval from the Israeli Chief Rabbinate, which is necessary if the court’s judgments are to be upheld under Israeli law.

“The goal of this project is to humanize the Beit Din,” Rabbi Krauss told JTA. “You can’t solve these situations with sleight of hand. But hopefully we can use the right methodology, so that even these situations get solved.”

He acknowledged that the biggest challenge facing any avowedly independent religious court is mainstream acceptance, particularly within the Hared communities.

“Nobody wants agunot,” Rabbi Kraus said. “So hopefully, if [Haredim] see that we are solving these cases, maybe they will come to us. Or maybe they will follow.”

Israeli Mom to Ask High Court to Block Rabbis’ Circumcision Order

Tuesday, November 26th, 2013

An Israeli divorcee who has fought for a year to prevent her son from being circumcised said she will appeal to the Supreme Court to cancel a rabbinical court order that she allow a brit milah to be performed on the baby.

The unusual case occurs at a time when there is growing pressure in Europe and some isolated parts of Canada and the United States to ban or control circumcision, which opponents say is a violation of human rights since the baby does not have the freedom of choice.

The order to the mother, identified as Elinor, to have her circumcised upholds a similar ruling last month by a Netanya rabbinical court. Her baby now is one year old, and she originally objected on medical grounds to circumcising her son after eight days, as prescribed by Jewish law unless there are medical reasons to postpone it.

The mother is fighting the father’s determination to have the baby circumcised, and the Jerusalem rabbinical court said that she may be exploiting  the act of circumcision “as a tool to make headway in the divorce struggle,” according to Haaretz.

The court ordered the mother to pay a fine of $140 for each day the boy remains uncircumcised.

No one is speaking about a ban in Israel of the Jewish custom that is part of the heart and soul of Judaism, but the case tests the authority of rabbinical courts and strikes at the very heart of Judaism at a time when Prime Minister Binyamin Netanyahu is insisting that Israel be known by the Palestinian Authority as a “Jewish state.”

Jewish law, like secular law, does not allow one to choose what law he wants to observe, particularly when it comes to circumcision that Jews have practiced for centuries at the risk of death by tyrannical regimes, dating back to the Roman Empire and more recently to the Communist regime in the former Soviet Union.

The mother’s opposition, as quoted by the newspaper, parallels that of anti-circumcision campaigners outside of Israel who are protesting that the procedure should be banned because it is painful and should not be done without the approval a child, who of course cannot be reasonably state his opinion until he is at least a teenager.

“I started reading about what actually happens in circumcision, and I realized that I couldn’t do that to my son. He’s perfect just as he is,” the mother told Haaretz. Jewish thought explains that one of the lessons of the Torah law for circumcision is exactly the opposite of what she said – that no one is born perfect and that everyone must make a “tikun” to repair the world, starting with himself.

The rabbinical court noted, “We have been seeing public and legal fights against circumcision in the United States and Europe for quite some time. The public in Israel stands united against this phenomenon, seeing it as another aspect of the anti-Semitic acts that must be fought.”

If the case reaches the Supreme Court it will have special significance due to recent legislation that diluted the authority of the Chief Rabbinate, which is dominated by the Haredi stream of Judaism, to decide where couple can get married and what conditions they have to meet for a marriage to be performed.

R. Lau to Submit Conversion Rulings to Haredi Review in Backroom Deal

Monday, August 5th, 2013

Three weeks after the stunning knockout a coalition of Haredi and Hardali (National religious Haredim) politicians delivered to Jewish Home and its hapless leader, Minister of Religious Services Naftalli Bennett, Ma’ariv reveals the price that had to be paid before the approval of Rabbi David Lau by the extremist Haredi camp: control over non-Haredi conversions.

Over the past three weeks, we’ve heard nothing but praise for the new Ashkenazi chief rabbi, who, as rabbi of Modi’in, a typical mixed religious and secular Israeli town, has shown the kind of moderation and acceptance one expects of a rabbinical shepherd. Some, like National Religious pundit Menachem Rahat, have gone so far as to suggest that under normal circumstances—meaning before the overwhelming sweep of Jewish Home and the ousting of the Haredim from government—someone as sweet and accepting as Rabbi David Lau would not have stood a chance to be selected, and that he was picked only as a desperate response to the popular Rabbi David Stav, a National Religious scholar and leader who was going to revamp the chief rabbinate.

And it worked. Like Menachem Rahat, the prevailing tone of the National Religious commentators following Lau’s election (and Stav’s defeat) has been that at least Rabbi Lau is a nice guy, a moderate, a uniter, not a divider.

All those well wishers may have to reexamine their praises now. According to Ma’ariv, in closed conversations Rabbi David Lau conducted with some Haredi decision makers before the vote, he gave them his commitment that all of his ruling regarding conversions would be submitted to a review by Rabbi Avraham Sherman, the man who gained his reputation as the killer of Rabbi Chaim Druckman’s thousands of kosher giurim-conversions.

Back in May of 2008, the Supreme Rabbinical Court judges Rabbis Hagai Izirer, Avraham Sherman and Avrohom Sheinfeld annulled thousands of conversions done by two National Religious rabbis, determining that:

“First, all conversions performed since 1999 by Rabbi Chaim Avior and Rabbi Chaim Drukman must be disqualified; second, conversions can be retroactively annulled for those who are not observant.”

Attorney Susan Weiss, founding director of the Center for Women’s Justice (JOFA), told Ynet in 2008 that the verdict had far-reaching implications on thousands of people who underwent conversion in the last few years—and on their children.

Much has been written and said about the case, which had territorial war written all over it. It was the first case of such massive, retroactive annulments of giurim-conversions, and the fact that the injured rabbis were renowned National Religious figures, while the court that destroyed their decades of work—as part of the chief rabbinate!—was comprised only of Haredim, was a sign that the Haredim were determined to annul not just the conversions, but also the foothold of the religious Zionists in the Chief Rabbinate.

In the spring of 2012, Israel’s Supreme Court re-affirmed the validity of the thousands of conversions disqualified retroactively by the Rabbinical Court in 2008, but stopped short of saying the rabbinical courts did not have the authority to annul conversions.

Still, the justices did not spare the rabbinical court their criticism. Supreme Court President Dorit Beinisch wrote in the verdict:

“The Rabbinical Court of Appeals rode roughshod over basic procedural rules and the principles of natural justice. It demonstrated contempt for the special conversion courts, and above all, it hurt and did a shocking injustice to the petitioners and their children.”

Maariv spoke to Rabbi Sherman who confirmed the story about the condition for Rabbi Lau’s election. According to rabbi Sherman, Rabbi Lau met with Rabbi Yosef Efrati, a confidant of the late Rabbi Elyashiv, leader of the Lithuanian Haredim.

“Rabbi Lau told Rabbi Efrati that on all matters regarding conversions he would come to talk to me and consult in me before reaching a decision, because I have been involved in these issues as a confidant of Rabbi Elyashiv, and I am familiar with his rulings on these matters.”

And so the circle is complete: the most fundamental driving force behind the candidacy of Rabbi David Stav, the celebrated chairman of the Tzohar organization, dedicated to making life under halacha more palatable for secular Israelis, was the brutal treatment of thousands of converts by Rabbi Sherman and his co-justices. Now it is clear that not only did the Haredi politicians manage to subvert the attempts to ease their hold on religious life in the country, but that Religious Zionism has lost the most crucial battle of that campaign. The forces that gave us the disqualification of thousands of Jewish lives are back at the helm, stronger and smarter.

Masorti Rabbis Perform First Conversions in Lisbon

Monday, April 29th, 2013

For the first time in the history of the Masorti movement, its rabbis performed conversions to Judaism in Portugal.

The two conversions were performed in the Portuguese capital at a Beit Din rabbinical court of three judges, who recognized Juliana Fernandes da Silva and her life partner Edgard Pimentel as Jews.

Though the Masorti movement — the smallest of the three major streams of Judaism — has performed conversions of several Portuguese Jews, this was the first time that the rabbinical court convened in Portugal, according to Rabbi Chaim Weiner of London, who oversaw the proceedings of the court.

Usually European Masorti converts travel to London, he added, but this time it was decided to hold the court in Lisbon because several rabbis were already in Portugal on a month-long study trip of the country’s Jewish heritage.

Da Silva, a 26-year-old Brazilian mathematician who grew up in a Catholic home, took a ritual dip in the mikveh following the court’s decision.

Immersion in the mikveh is required as part of the conversion process, and not afterwards, according to Jewish law.

Da Silva and Pimentel, a Brazilian born to an atheist father and a Catholic, non-observant mother, were welcomed at a reception the following day into Lisbon’s small Masorti community of a few dozen people.

Husband Jumps Out of Court Window to Escape Divorce

Wednesday, March 6th, 2013

Jerusalem police deployed a helicopter Wednesday to help them look for a convict who jumped out from a bathroom window in rabbinical court rather than face divorce proceedings intended to free his estranged wife of 12 years to marry again.

Shai Cohen, 40, has been in jail for six years for refusing to divorce his wife, and his lawyer thought he was ready to agree to sign divorce papers, but Cohen apparently could not face the music.

Cohen previously had entered court hearings shackled and handcuffed, but this time, authorities accepted his claim that it was demeaning.

In what apparently was a pre-arranged plan, he asked to go the bathroom. After several minutes, guards began to worry something was wrong. When Cohen did not answer their calls, they broke down the door, but Cohen was nowhere to be found.

An escape car is suspected to have whisked him away.

His wife said in the courtroom, “I knew he would do something like this.  They should not have taken off the handcuffs and shackles.”

Israeli Gay Couple Seeking Divorce from Rabbinical Court

Monday, September 10th, 2012

The first Jewish Israeli male couple to marry has filed for divorce in a Tel Aviv rabbinical court that never recognized the marriage.

It is unknown if the rabbinical court will provide a divorce for Uzi Even, the first openly gay Knesset member, and Dr. Amit Kama, Ynet reported. They were married in Canada in 2004 after living together for more than a decade.

Even, a professor of physical chemistry at Tel Aviv University, and Kama — the first same-sex male couple in Israel to have their legal right of adoption recognized — split three years ago. Even now wants to marry another man abroad, but cannot until he is divorced from Kama, according to Ynet.

Under Israeli law, the rabbinical court is the only body authorized to annul the marriage of Jewish citizens in Israel. The Interior Ministry will not dissolve the marriage without an order from the rabbinical court. Only Canadian citizens can be divorced in Canada, Ynet reported.

A separation agreement has been approved by the Ramat Gan Family Court.

Even and Kama filed a lawsuit with Israel’s Supreme Court that forced the Interior Ministry to register their marriage in 2006 recognizing the marriage abroad.

In 2009, a Tel Aviv court gave them the right to adopt their 30-year-old foster son, whom they took in 15 years earlier after he was kicked out of his home for revealing his homosexuality.

New Knesset Law Gets Tough on ‘Get’ Refusers

Wednesday, March 21st, 2012

Two bills that change the Israeli Rabbinical Court’s system for dealing with people who refuse to give or accept a Get – the document required to finalize a divorce by Jewish law – passed into law yesterday. The two bills, which were merged into one, were sponsored by MK Otniel Schneller (Kadima) and MK Zevulun Orlev (Jewish Home) and endorsed with the blessings of Rabbinical Courts Chairman Rabbi Shlomo Dichovsky and Israeli Chief Rabbi Shlomo Amar. The bill received the nickname the “Sanctions Law” for making it easier to impose sanctions on people who refuse to give or accept a Get.

The bill states that the Rabbinical Court must determine a court date for a Get within 45 days of a divorce sentence. If the court is authorizing a divorce agreement, the date of the Get hearing will also be within 45 days. If the Get is not given within that time, the court will issue a ‘restriction order’ on the Mesarev Get and hold another hearing within the following 45 days. The court will meet within 90 days of giving a restriction order to discuss it and decide if it must be extended. If no restriction order was issued, the court will set a date for a hearing about the possibility of issuing one within 45 days.

The court will be able to use these extensions as they see fit. There will be no need to have more than one judge hearing the case extensions, but if a judge wishes to invoke a restriction order he must call in the other judges within 15 days. The new law will also make it more difficult to appeal a restriction order.

The law will allow appeals on the absence of a restriction order to be heard by the Higher Rabbinical Court within 60 days, and forces a court decision within 60 days of the hearing. If the appeal on the absence of a restriction order is heard in a regular Rabbinical Court, the decision must be made within 30 days.

The bill passed its second and third readings late last night 11-1 and 9-1, respectively. Ultra-Orthodox MK Maklev (United Torah Judaism), who was running the session as Deputy Speaker, was the sole MK to oppose the bill. He did not provide a reason for his objection.

Printed from: http://www.jewishpress.com/indepth/knesset/knesset-corner/knesset-bill-easing-imposition-of-sanctions-on-get-refusers-passes-into-law/2012/03/21/

Scan this QR code to visit this page online: