Israeli Rabbinic Court Decision Increases Tension Over Civil-Religious Jurisdiction

Last week, according to Friday's Jerusalem Post, a decision by Israel's High Rabbinic Court created new tension over the respective jurisdiction of civil and religious tribunals. A divorce case in Israel can be filed in either a civil or religious court if the case also involves financial issues, and the court in which the matter is first filed has jurisdiction. In the case decided last week, the wife filed in civil court 15 minutes before her husband filed in a rabbinic court. The High Rabbinic Court ruled that the few minutes were irrelevant, and that when filings are essentially simultaneous, rabbinic courts have jurisdiction because of their special role as the prime arbiter in divorce cases. In recent years, Israel's Supreme Court has cut down the jurisdiction of rabbinic courts, holding that once the divorce proceeding is over, rabbinic courts cannot adjudicate financial issues that arise between the parties later. (See prior posting.) In last week's decision, the High Rabbinic Court ruled, however, that as to monetary issues that are part of a divorce proceeding, religious courts have primary jurisdiction. It said that civil courts have only secondary or residual jurisdiction. [Thanks to Joel Katz of the lead.]