Israel’s Supreme Court has ordered Haifa’s high rabbinic court to provide an explanation for its refusal to continue hearing the divorce case of a woman who filed a civil damage claim against her husband who would not give her a get. The rabbinic court must also provide its rationale for refusing to reverse its decision not to continue hearing the case.

The Court order came in response to a woman’s petition to the Supreme Court when the High Rabbinic Court insisted that she drop her damage suit as its condition for proceeding with her divorce case. The Center for Women’s Justice (CWJ) filed an amicus brief in this case. The rabbis claimed that the suit could result in a “forced get,” which is invalid, as a Jewish divorce must be given of the husband’s free will.  

CWJ’s brief described the broad use of civil damage suits by women and men for harm caused to them as the result of a spouse’s behavior during divorce proceedings, and the positive results of these suits. CWJ emphasized that despite the rabbinic court’s concern regarding the halachic problem of a “forced get,” in actuality, in every case where the husband has agreed to grant a get, the rabbinic courts have found a way to arrange the divorce.

“A husband who refuses to grant a get to his wife or avoids paying for his actions by invoking “forced get” violates the spirit of the Torah,” said CWJ director Dr. Susan Weiss. “Women who are victims of get refusal deserve to receive their get as well as compensation for their suffering.” 

The generosity of the David Berg Foundation, JWF of Metropolitan Chicago,Greater Miami Jewish Federation Women’s Amutot Initiative, JWF of the Greater Palm Beaches, and Max and Anna Baran, Ben & Sarah Baran and Milton Baran Endowment Fund of the Jewish Community Foundation of Los Angeles and others whose critical general support is making this litigation possible, is helping CWJ chip away at the Supreme Court’s reluctance to challenge the rabbinic courts on agunah rights and all other issues relating to policies that are prejudicial towards women.