High Court: Mixed marriages not in jurisdiction of rabbinical courts
High Court of Justice rules that rabbinical courts cannot deal with demands to authorize marriages where one of members in couple is not Jewish; rabbinical courts respond: 'Unfortuantely, we can no longer give such services to new immigrants'
A petition, issued by attorney Meir Sargovi 10 years ago, stated that the authority of the Rabbinical Court of Justice to deal in the matters of such couples arises from the power of appeal from the High Court of Justice, in accordance with the law for approving marriage.
The petition was filed against the local rabbinical court in Jerusalem and against one of its judges who dealt with the approval of the marriage of several couples in which only one of the two members was Jewish. The petition was also filed against the director of the rabbinical courts demanding that he instructs the courts not to deal with such matters.
In a response to the petition, the rabbinical courts' representatives wrote that the issue of the jurisdiction of the courts in divorce cases between couples where only one of the parties is Jewish raises other legal questions and many doubts on the matter. However, the rabbinical courts have the authority to deal with it since they rule on the personal stance of the Jewish member in the couple with the agreement of both sides.
They further claimed that addressing rabbinical courts in such matters is much easier and more efficient for the public who wants to have their marriage approved quickly in order to save on legal expenses, and the court of justice cannot intervene in such matters.
Barak: Torah says mixed marriages null and void
In the verdict, High Court President Aharon Barak wrote that "for several years, there were many cases in which couples in which one of the parties was Jewish and the other was not came up to their local rabbinical courts asking to get their marriage approval and determine their personal status... This practice was spiked with the large immigration from Russia and from the countries of the Commonwealth of Independent States."
Barak further wrote that "recognizing the authority of the rabbinical court may create a split in the status. According to Torah law, mixed marriages are fundamentally null and void." The president indicated that on the other hand "the court of justice's approach to mixed marriages can avoid a potential undermining of the peace in the home, the settlement of a dispute between the couple and the restoration of the family unit."
The director of the rabbinical courts, Rabbi Eliyahu Ben Dahan, said in a response to the verdict: "Unfortunately, from now on, we cannot provide this service to new immigrants."
Attorney Gilad Kariv, from The Israel Religious Action Center, praised the decision of the court. "The High Court, once more, did not allow the rabbinical courts to extend their authority and to aggravate the distress of thousands of citizens who are suffering from the scandalous and inadequate attitude of the rabbinical courts."
