Shabbat lecture to Bnei HaRama congregants illuminates systemic inconsistencies in Chief Rabbinate procedures and rulings

On a lovely Shabbat in September 2014, Dr. Susan Weiss, director of the Center for Women’s Justice (CWJ) delivered an eye-opening lecture about the inconsistencies of the rabbinic court system to some 50 members of the Bnei HaRama synagogue in Ramot, Jerusalem.

Graciously hosted by congregation member Annette Orrelle in her home, Dr. Weiss’s presentation, “What Are the Grounds for Divorce in Israel?” argued that halacha is an intrinsically problematic legal system that infringes on the rights of women.   Thus, it must be completely separated from civil law in Israel.

Examining an actual CWJ case, halachic texts and court rulings, participants learned that formal regulations which guide rabbinic court rulings are extremely limited; that rabbinate decisions are often inconsistent, even within a single case, and - most disturbing - that grounds for divorce widely accepted in other western countries, such as adultery, violence or a spouse’s homosexuality are off limits to Jewish women.

The case under discussion centered on a CWJ client - a woman denied a Jewish divorce by her husband (get) for 12 years. The woman had asked for a divorce after discovering that her husband was gay. Despite incontrovertible evidence, the rabbinic court dragged its feet for four years before ruling in favor of a get. The ruling did not deter the husband, who firmly refused to grant the divorce. Dr. Weiss described the many obstacles put forth by the rabbis as the case dragged on for eight more years. Ultimately, the wife’s threat of bringing a damage suit against the husband for get refusal – an approach pioneered by CWJ – played an important role in persuading him to rethink his stance and grant the get.

“A court of law is meant to provide relief for all citizens,” Dr. Weiss stated. “If it cannot, or if it discriminates against some, it is not a system of justice. This case is just one illustration of the arbitrary and unfair nature of the beit din (religious courts) system.”

CWJ is grateful to the generous friends who make the Legal Education initiative possible: Boston Jewish Community Women’s Fund, David Berg Foundation, Greater Miami Jewish Federation Women’s Amutot Initiative, Jewish Women’s Fund of Atlanta, Jewish Women’s Foundation of South Palm Beach County, and the Tikkun Olam Women’s Foundation of Greater Washington, as well as those donors whose general support provides a secure foundation for advancing the project.