What happened
The Haifa Magistrates Court in Israel has taken a landmark decision by sentencing a man to 18 months in jail, framing his 20-year refusal to grant his wife a religious divorce as a criminal offense under halacha, or Jewish law. This is only the second time such a precedent has been set by a secular court, translating the religious breach into a criminal matter, reflecting Israel’s commitment to uphold halachic obligations regarding divorce.
Why it matters
This groundbreaking ruling emphasizes the State of Israel’s commitment to supporting the rights of Jewish women and enforcing halachic judgments, even when they extend into the intricate ties of religion and state law. By recognizing the refusal to issue a divorce (get) as a criminal act, the Israeli judicial system affirms a significant principle: tradition and law must go hand in hand to prevent women from remaining ‘chained’ or ‘anchored’ in unwanted marriages.
What they’re saying
Rabbi Dr. Rafi Reches, a legal advisor to the State Rabbinical Courts, underlined the implications of the ruling as a definitive statement from the State of Israel. “It’s a reflection of a principle deeply embedded in Israeli society – to protect women from being held in limbo due to non-compliance with rabbinical court orders,” he stated, indicating the broader vision for international cooperation to aid women in similar dilemmas worldwide.
He further remarked, “Such measures place Israel at the forefront as an international pledge to defend the right of women seeking freedom from unwanted marital obligations.”
The other side
Attorney Susan Weiss, founder of the Center for Women’s Justice, criticized this merging of criminal proceedings with civil marital issues, calling for a separation of religion and state. She recommended not marrying according to halacha as a means to escape these complications, reflecting the tension between maintaining Jewish halachic traditions and adapting to contemporary views on marriage and individual rights.
The big picture
By coupling religion with state power, Israel positions itself as a guardian of Jewish traditional values while supporting women unfairly held by the confines of halachic marriage bindings. This integration provides leverage not just in combatting issues within Israeli borders but potentially with Jewish communities worldwide. With this ruling, Israel sends a robust message on its intent to enforce the that link global Jewish communities to their commitment toward equitable treatment within marriage endorsed by Jewish ethos and law.
This story was first published on timesofisrael.com.