Rabbinate in Israel – Information about the Rabbinical Court
The rabbinical judicial system in the State of Israel is part of the religious courts system: Alongside the civil justice system – Magistrate’s, District, and Supreme Court courts, a system of religious courts was established to provide a response to the various testimonies.
The rabbinical judicial system includes the Great Rabbinical Court of Appeals, headed by the President of the Rabbinical Court, and the regional rabbinical courts.
The authority of the rabbinical courts extends over various areas such as the division of property, spousal and child support, wills and inheritances, and constitutes a parallel authority to the family court. In contrast, the Israeli legislature granted the rabbinical court unique authority in all matters related to marriage and divorce.
Marriage matters in the Rabbinate
The Rabbinical Court is authorized to discuss all issues relating to marriage, including:
Permission to hold a wedding ceremony and kiddushin
In the normal course of things, the rabbinate in whose local jurisdiction one of the spouses resides grants permission to hold a wedding and kiddushin. This is conditional, as is well known, on the signature of two witnesses and the participation of the couple in the guidance of brides and grooms. In other cases, when the bride is pregnant or within 24 months of giving birth, permission from the rabbinical court is required to hold a wedding and kiddushin.
Delaying marriage
A person who believes that there is an impediment to the marriage of one of the spouses – for example, a claim that the other person is already married to him – may submit a request to the Rabbinical Court to delay the marriage.
Marriage license in case of doubt
The Rabbinical Court may grant the request of a person who is documenting marriage and issue a marriage certificate where there is doubt – except in cases of conversion of one of the parties.
Marriage certificate
When the couple got married abroad (according to the Law of Moses and Israel) and they require confirmation of this marriage, there is no obstacle for them to contact the Rabbinical Court to receive the said confirmation.
Hello home
In this case, the help of the Rabbinical Court is sought, in order to establish domestic peace between the couple. It should be noted that this is not an attempt at domestic peace as part of a divorce proceeding, but rather domestic peace during the marriage, without the couple planning to end the marriage and break up the family unit.
Marriage annulment
A ruling from the Rabbinical Court regarding the annulment of a marriage is required when the couple is registered as married even though they are halachically prohibited from marrying each other – for example, the marriage of a priest and a divorced woman. The request may be submitted by a state institution required to compensate the couple due to their registered marital status.
Divorce matters in the Rabbinate
The unique authority of the Rabbinical Court in divorce matters is applied in the following matters:
Opening a divorce case
A divorce petition can be filed by one or both spouses where they seek to bring about the end and dissolution of the marriage.
Gittin arrangements
The final divorce settlement, its writing by the husband and the status of its granting to the wife, will be conducted in the Rabbinical Court and there only. In the normal course of things, the hearing will take place after the parties’ financial affairs have been settled, alimony, custody and visitation arrangements for the children have been determined, and the other issues involved in the divorce claim have been resolved, whether through a judgment or an agreement that has the force of a judgment.
These issues, as stated, are within the parallel authority of the Rabbinical Court and not its exclusive authority, and are conditional on their being included in the divorce petition or on the consent of the parties. In other cases, the Rabbinical Court may carry out the divorce arrangement even before the issues detailed above have been settled.
It is important to note that the combination of the unique authority of the Rabbinical Court – arranging the get – and its parallel authority – which allows for recourse to the Family Court on issues involving the get – often creates a race of authority between the parties, which complicates the divorce process. In order to shorten the proceedings and make them more efficient, one should contact a professional lawyer who deals with family law and is experienced in dealing with the rabbinical judicial system..
Want to know more about the powers of the rabbinical court? Read about refusing a divorce
Click here to read about Home Family Law
Read more about choosing a court to file a divorce lawsuit.
