Spouses in Israel who are married according to personal law are subject to religious law when they want to end their marriage. The law which is applied by the rabbinical courts, is also subject to the civil legal system, sons of law, but still – the mutual influence on the life of the woman in the State of Israel, is quite clear. In the article below, we will answer the question of what the rabbinical courts are, explain the divorce process itself and describe the reasons for the divorce, by virtue of which it is possible to divorce according to Hebrew-religious law.
This article is for your convenience, dear readers and should not be construed as a substitute for the advice of a Family Lawyer.
Initially, the authority given to the rabbinical courts must be understood. The exclusive authority regarding the marriage and divorce of Jews is reserved only for the rabbinical courts. This authority is set forth in the Rabbinical Courts (Marriage and Divorce) Judgment Law 1953. In addition to this authority, the Rabbinical Court can also discuss issues involving coins in the exclusive issues. Usually directly with the divorce proceedings, for example: child custody and visitation arrangements (if the couple has joint children), division of property, alimony and children, etc.
The rabbinical courts need twelve courts, whose authority is equivalent to magistrates’ courts. The appellate court for the regional courts is the Great Rabbinical Court, located in Jerusalem. It is important to note that the tribunal has a parallel court – a civil court – the Family Court. In the Family Court, any claim relating to the family can be filed, except for claims relating to marriage and divorce. However, claims related to the divorce proceedings, including child custody or division of property, can be filed with the Rabbinical Court, only if they involve the divorce forests themselves. Information and party to the relationship, preceded and filed lawsuits in the Family Court on the same issues, then it will no longer be possible to bind those lawsuits and file them in the Rabbinical Court. This is a family – in fact on one leg – a race for power between the rabbinical court and the court of law.
The hushin procedure may be carried out with the consent of both parties, or in the claim of one of the two against the other or the other. He said, the procedure will take place exclusively in the rabbinical courts. Information and the divorce claim were received, then the court orders a divorce settlement. But the order to grant a divorce will be given by the rabbinical court, only when there is a ground for divorce. That is – a reason why a marriage can be dissolved. The causes of divorce will be described later in the article.
Why we ask for the procedure is the overriding principle in Jewish law – which is to maintain the bond of marriage and peace at home. Therefore, the courts will give the dissolution of the relationship only without choice and as a last and final act. Before that, they were mostly helped by a peace treaty. In this agreement, the couple will be instructed to decide on a joint agreement, including details of the nature of the relationship. In order to reach the conclusion of the agreement, an interim period will be set, during which the two will be obliged to make an effort, up to restrictive conditions, for example: it is obligatory to live under a roof and more.
Grounds for divorce:
Yes, the cause of divorce Okioma, the one that will lead to the granting of a divorce by the Rabbinical Court. The following are the causes of divorce in Jewish law, but let us note that this is only a partial list:
Infertility – Zoila exists only rights and the couple are married for over 10 years. Infertility, as it is called – inability to conceive. The question is can it be a ground for divorce.
Defects and Remedies – When the right defects were not known before the marriage, which the other party could not know about, then, a cause for divorce can arise. When it comes to a defect or illness that was started or discovered by the sick party, at the time of the marriage, then the cause of divorce will not exist.
Ground for infidelity – This ground exists only in favor of a man towards his wife. The cause of infidelity, deals with examining a woman who has a relationship with another man, to whom she is not married. We add that a cause obliges the courts to grant an immediate divorce.
An act of ugliness – here too, it is a ground for divorce that stands in favor of the man only. An act of ugliness is subject to various interpretations, but the rule is: a woman who performs modestly.
Failure to have sex – According to Hebrew law, the husband has a duty to provide for his wife sexually, as stated in the law – “her cover and lobe shall not be diminished.” The halakhic rule applies to wear and economy, but also to sex.
For more information: Adv. Yaakov Balas