כ' אייר התשפ"ד
28.05.2024

High Court against the High Beis Din: dismissed the decision of the dayanim

The High Court issued an injunction and ordered not to release from prison a man refusing to give his wife a divorce, despite the Rabbinical Court's decision that due to halachic reasons he should be released • "Until today this has not happened"

High Court against the High Beis Din: dismissed the decision of the dayanim

Israeli Beis Din authority is undermined by the judiciary: the High Court dismissed the decision received by the High Rabbinical Court, preventing the release of a man who refused divorce for over ten years - Haaretz reports this morning.

Rabbinical Court, headed by President Chief Rabbi Shlomo Amar and dayanim Rabbi Zion Boaron and Rabbi Eliezer Igra conditioned the continued imprisonment of the husband by the woman withdraw the claim filed against him at the same time. According to an employee at the Beis Dim system, the reason for conditioning of the Beis Din was clearly halachic and was to avoid the concern that granting the divorce by the husband is considered "get meuseh".

After the woman refused the terms, the man was released last Thursday, but the Supreme Court headed by Justice Uzi Fogelman had intervened and issued interim injunctions not to free the husband.

A Beis Din source told Haaretz: "There's no precedent. It is true there were attempts in the past, but the Supreme Court has never intervened in Torah law and how the Beis Din interprets the law of the Torah, until last Wednesday."
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