Short answer: Get refusal (“sarvanut get”) is a situation in which a spouse does not cooperate with the arrangement of the Jewish divorce (the get), despite a decision or judgment of the rabbinical court ordering the divorce. In appropriate cases the court can be asked to impose restrictive orders and sanctions, but there is no “automatic sanction”: the type of order and its timing depend on the court’s decision, on the wording of the judgment and on the circumstances. Proper handling starts with a focused evidentiary and procedural strategy.
What is get refusal?
In Israel, marriage and divorce of Jews are conducted according to religious law, under the jurisdiction of the rabbinical courts. A valid get requires a halachic procedure in the rabbinical court. When one spouse refuses to give or receive the get, conditions it on unreasonable demands, avoids hearings or effectively frustrates its arrangement, get refusal may arise.
It is important, however, to distinguish between hard negotiation, a legal dispute not yet decided, and procedural delay — and get refusal in its legal sense. The classification depends, among other things, on the decisions already given and on the parties’ conduct. Do not settle for the label “refuser”; the case file and the wording of the rabbinical court’s decisions must be examined.
When can sanctions be requested?
The Rabbinical Courts Law (Enforcement of Divorce Judgments), 1995, allows the rabbinical court to issue restrictive orders once a judgment ordering divorce has been given. The option is not necessarily limited to a judgment phrased as an outright “obligation” to divorce; it may also apply where the judgment uses other wording directing the parties to divorce. In practice, an appropriate motion must be filed; the court hears the parties and decides whether to impose a restriction and which one fits.
Not every measure fits every case. A good motion connects the decisions already given, the pattern of evasion, the continuing harm and the requested remedy. A general or premature motion may be denied and can even damage the strategy.
Which sanctions can the rabbinical court impose?
In appropriate cases, subject to the law and to a judicial decision, restrictive orders may include, among others:
- Restrictions on leaving the country or using a passport.
- Restrictions relating to a driver’s license.
- Restrictions on practicing a regulated profession, holding an office or certain business activity.
- Banking and financial restrictions, according to the authority granted by law.
- Coercive imprisonment, in appropriate cases and by court decision.
This list is no substitute for an individual review. The court exercises discretion, and any sanction must be grounded in the law and in a judicial decision. Proceedings against a husband who refuses to give a get may differ from proceedings against a wife who refuses to receive one, due in part to halachic considerations and the applicable law.
Get refusal as leverage in negotiations
Sometimes the refusal does not stem from a genuine wish to save the marriage, but serves as leverage to gain an advantage in property, support, ketubah or parenting matters. Do not rush into unreasonable concessions just to “buy” the get. On the other hand, indiscriminately aggressive conduct can prolong the dispute. The goal is to isolate the question of the get, document the conditions being attached to it, and request precise remedies at the right time.
Can damages be claimed for get refusal?
Israeli case law has dealt with tort claims for harm caused by get refusal. This is, however, a complex route that is far from automatic. The elements of the tort, the duration of the refusal, the rabbinical court’s decisions, the parties’ conduct, the alleged harm and the relationship between the civil claim and the rabbinical proceeding must all be examined. A claim that is mistimed or poorly drafted can create additional difficulties; obtain individual advice before filing.
What to do in practice – 7 correct steps
- Collect all rabbinical court decisions, protocols and correspondence relating to the get.
- Map exactly what was ruled: recommendation, mitzvah, obligation, coercion or another directive to divorce.
- Document non-appearance, changing versions, new conditions, and any attempt to tie the get to concessions.
- File a focused motion to advance the get and to discuss restrictive orders, once a foundation exists.
- Avoid threatening messages, harmful publications or independent actions that could damage the case.
- Check parallel remedies in property, support or protection matters — without unnecessarily mixing the tracks.
- Build a timeline and strategy with a lawyer experienced both in the rabbinical process and in its civil implications.
What not to do
- Do not give up significant property rights under momentary pressure, without assessing the legal and financial price.
- Do not assume that imprisonment or another restriction will be imposed immediately; a decision and a proper foundation are required.
- Do not publish accusations online before checking defamation and privacy risks and the effect on the proceeding.
- Do not ignore the difference between a case where no divorce judgment has yet been given and one where a clear judicial directive already exists.
Frequently asked questions
Can you divorce without your spouse’s consent?
A religious divorce requires a get arranged according to halacha. Without cooperation, the rabbinical court is asked to issue appropriate decisions and, where the law allows, to activate enforcement measures.
How long counts as get refusal?
There is no single number of months that turns any delay into refusal. The decisions, the reason for the delay, the parties’ conduct, and whether the refusal frustrates a divorce judgment are all examined.
Can a get refuser be imprisoned?
Yes – in appropriate cases, according to the law and by judicial decision, coercive imprisonment can be ordered. It is a severe measure and is not applied automatically.
Can sanctions be imposed on a wife who refuses to receive a get?
The law allows measures in cases of refusal by a wife as well, but there are legal and halachic differences, so the specific track and required approvals must be examined.
Is demanding money in exchange for the get considered refusal?
Conditioning the get on an exceptional financial concession may serve as evidence of refusal, but the determination depends on the overall circumstances and the court’s decisions.
Who handles get refusal cases?
The get process and enforcement of the judgment take place in the rabbinical court. Consult a family lawyer experienced in appearing before the rabbinical courts and in managing the parallel proceedings.
Legal representation in get refusal cases
A get refusal case requires more than a motion for sanctions. It requires planning the order of actions, precise drafting of the remedies, protection of financial rights, and understanding the interplay between the rabbinical court and the family court. The Sharon Segal Law Office represents clients in complex divorce proceedings, in the rabbinical courts and in the family courts, and helps build a legal strategy tailored to the circumstances of the case.
Need advice on a get refusal case? Call: 077-997-4020
This article is general information only, does not constitute legal advice and does not replace an individual review of the case.
