Wednesday, June 27, 2018

Israel Expands Rabbinical Court Divorce Jurisdiction To Cover Recalcitrant Non-Israeli Husbands

On Monday, Israel's Knesset passed a new law giving Israeli Rabbinical Courts jurisdiction over divorces outside of Israel between non-Israelis where a Jewish husband has refused to give his estranged wife a Jewish bill of divorce (a get). The court however can act only when the husband subsequently is physically present in Israel. Jerusalem Post reports:
The legislation, which is a temporary three-year law, allows the Rabbinical Courts to hear a case involving a couple in which neither spouse is Israeli, on one of three conditions: if there is no rabbinical court where the couple lives to deal which can hear the case; the couple has not been in front of a rabbinical court for four months; or if a husband refuses to give a divorce after a rabbinical court in the Diaspora ruled that he must do so and made “reasonable efforts” to enforce its decision....
The rabbinical courts in Israel can impose sanctions on recalcitrant spouses to persuade them to divorce, such as revoking driving licenses, revoking passports, placing restrictions on their bank accounts, and even imprisoning them for extended periods of time.
But such sanctions are not at the disposal of rabbinical courts in the Diaspora since they are not state institutions....