Jewish Scene
Court: Husband who refused divorce must pay damages
Neta Sela
Published: 22.07.08, 07:50
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19 Talkbacks for this article
1. Excellent decision
Daniel ,   Rehovot Isael   (07.22.08)
If the rabbis won't change the system of agunot the courts must do it. I approve. Now let's eliminate the prenuptial which facilitates divorce and is created by stupid rabbis who cannot deal with the flaws in the rabbinical court system
2. The laws before Moses were quite different from the Torah.
Rivkah   (07.22.08)
Yeshua said from the beginning there was no divorce. Adam and his first wife Lillith could not get along because God made them equal and Lillith left. So God made Eve from Adam's rib so that she would be a helpmate and be subject to Adam. Then Eve was seduced by the Shining One (Serpent, Satan, the devil) and Cain was the son of the evil one (Satan) not the son of Adam. Abel was Adam's son, but being a human man's child he did not shine like Cain did; so Eve favored Cain. Cain murdered his brother Abel out of jealousy of Abel's favor with God, but God did not put Cain to death. So from the beginning, there was no divorce and no death penalty from God. Adam did not divorce Eve for sexual unfaithfulness and left the Garden by sinning with her rather than to be separated from her if Eve was forced to leave alone. So here you have a man who cannot remarry in the Lord in modern times until he gives his wife a "get" or religious divorce. The wife being carnal wants to be married in the Lord to someone else while the husband wants to follow the higher law that was before Moses of no divorce. As long as the man PROVIDES for the wife economically, she should be content with that. But if he does not provide for her, this provision of forcing him to pay her something until he agrees to a get is reasonable if it is not impossible for him to pay. Yeshua believes that if you do not provide for your own you have denied the faith. To deny the faith is to be a religious unbeliever. To be a religious unbeliever is to be a child of the devil. Yeshua called religious unbelievers children of the devil. But even if a woman is married to a religious unbeliever, she is free to remarry "in the Lord" ONLY if the unbelieving spouse departs OR does not provide for her OR is sexually unfaithful. If the husband provides for her and is not sexually unfaithful it is better to be in a state of limbo than to remarry. People want happiness on this earth. I am sure Job in the Bible wanted to be happy, but he was faithful to an awful wife who told him to curse God and die when they lost their children and material possessions. Job was NOT happy, but he did not divorce his wife. His wife was NOT happy, but she did not leave Job or divorce him. That was BEFORE MOSES when for God's people, there was no divorce. They endured the horrific loss of all things, physical illness, cruelty from friends who blamed Job for his difficulties when God was testing him. Women who want to wear the cap of maintenance to reflect their constant devotion to God have a higher calling, perhaps even to the laws before Moses of no divorce. If the husband provides for the wife and does not want a divorce, the wife should take off her cap of constant devotion to God if she will not obey that devotion of one wife, one husband, for life, until death of one of them. That is hard for a carnal person, but God can make it bearable. THE CAP OF CONSTANT DEVOTION TO GOD IS EARNED. IT IS NOT A DECORATION.
3. BRAVO!!! Pocket hurts, ah?Hahah. Great.
Harissa ,   Israel   (07.22.08)
4. Damages shmages.
Dorothy Friend ,   Tel Aviv   (07.22.08)
What Israel needs is a system of civil marriage and divorce. Yes, I am well aware of the Jewish take on bastardy, and how it is slanted against women, but that is not the issue. The issue is allowing a woman to be able to start her life over again without a ball and chain.
5. Rivkah #2
Eli ,   Beit Shemesh   (07.22.08)
This is an excellent decision that should start to scare these husbands who through cruelty or material gain hold their wives as "hostages". and Rivkah, take your new testament dribel somewhere else.
6. Now were talking
AYbA ,   Israel   (07.22.08)
The power of decision that the Torah gave to the hubands was never supposed to be abused by this mentally and emotionally evil behavior. To make suffering of others a reality for them, I applaud this Civil Court Judge, on a ruling that falls within the bounds of civil law
7. WELL Done ( and 4)
gabriela ben ari ,   Jerusalem   (07.22.08)
Rabbinical courts are bordering on hilul Hashem / Taliban Dorothy, to the best of my knowledge, civil courts will prevent bastards intead of creating them. A woman wed by a civil court is not married (by Jewish law) so if she does not get a divorce (she will not need a get, just a civil divorce easily obtained) and she can go on with her life Sometimes couples married through an attorney or in Cyprus get divorced and the husband gives her a get, out of humbra (stringency), but not absolutely halachically necessary. A separated woman even if denied a civil divorce would NOT be producing mamzerim with another man because she was never really (jewishly) married to begin with. Again, to the best of my understanding
8. 1- Prenuptials prove to be helpful
(07.22.08)
9. Rabbinical courts....
Hiram ,   Gstaad   (07.22.08)
...do exist for one simple reason : Israel is not secularized, simply like the Arab countries. Untill then , there will be idiotic decisions by erratic rabbis who believe they represent God's justice on earth. Untill the Israeli government decides that civil marriage is de-facto the right of ANY israeli citizen, we will be ridiculed in front of the international community with the irresponsible behaviour of some bearded tyrants convinced that woment are not only "second clss citizens" , but , like in the arab countries, cannot travel with men, and as the hebrew words suggests it ( baal=owner) owns their wife more than they love them. This would mean of course that a decent government be elected and some drastic changes to take place in both the culture and the tradition. Rabbinical decisions appears to be systematically opposed to whatever represents decent justice... so with THAT decision, women all over Israel should rejoice and thank whoever for that first step taken towards a bit of fresher air in marital relationships !
10. The rabbinical Court ruled for the wife, how is it enforced?
AK   (07.22.08)
If the court had ruled that husband must give a divorce and husband doesn't want to do it than rabbinic courts rules are null and void? How about business cases? The parties adhere to rulimg or not?
11. IT IS ABOUT TIME!!!!! (END)
ILYSE ,   USA   (07.22.08)
12. Good Job! Although...
Michael Berg ,   Toronto, Canada   (07.22.08)
I would prefer if the Rabinical Courts did stuff like this. I know they have the power to put people in jail, they should be able to do this also. But of course, they are currently disfunctional, and do not work. Wait 50 years, and I think they will be better. For now, Kol HaKavod to the civil courts!
13. B"H, may she collect it all and enjoy life with her children
Bunnie Meyer ,   Los Angeles, CA USA   (07.23.08)
14. 5 Eli: The Israeli Supreme Court legalized the religion of
Rivkah   (07.23.08)
Messianic Jews. Perhaps you missed that decision and should search it out on the YNET news search engine. I accept your apology.
15. Well done, economic hurt is sometimes the only language
(07.23.08)
abusing/controllive/violent men understand... or at least it is a clear signal...
16. About time for come civility
Moshe Haviv ,   Tel Aviv/Israel   (07.23.08)
I applaud the decision. At last we are getting more civilized than Iran in civil law. I hope we can adopt the Turkish law in that matter. According to the law in Turkey you cannot have a religious marriage ceremony until you get married in a civil ceremony, Muslim, Jewih , Christian whatever.
17. This article raises more questions than it answers
Unsatisfied Reader   (07.23.08)
Does the court say that ANY woman who wants to have her husband divorce her can compel him to do so? Or is this case law for a specific circumstance (eg physical abuse was alleged). Can we have some clarity around this please. Thank you.
18. #10
P ,   Philadelphia   (07.24.08)
Ideally, they'd throw them in jail until they're willing to give a get. Unfortunately, I think they're just being fined, but that's at least a step.
19. # 2
Connie ,   Virginia   (07.25.08)
Where in the world did you get this stuff? Adam had a wife "Lillith". Also the "Shining One", is not mentioned in the Bible either. Cain was Adam and Eve's son, born to them after the Fall. Anything that is added or taken away from the 66 books of the Bible are extra-biblical and are not to be considered holy scripture.
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