5 May 2018

Haaretz: Israel's Rabbinical Courts May Soon Have Unprecedented Power Over non-Israeli Jews

A government bill giving Israeli rabbinical courts the authority to punish foreign Jewish men who refuse to grant their wives a religious divorce is advancing through the legislative process.

The bill would allow these courts to prevent non-citizens in these circumstances from leaving Israel after a visit, or even to jail them. Such steps against foreign nationals are thought to be unprecedented. [...]

Current law allows the rabbinical courts to handle divorces of Jews who aren’t Israeli citizens, but only if one member of the couple has some connection to Israel —– for instance, by having lived there for some time before suing for divorce. The new bill would eliminate this restriction and give the courts authority to hear divorce cases for any Jew anywhere, as long as “there’s a real fear that a [religious] divorce can’t be obtained at the couple’s last place of residence outside Israel.” [...]

“Israel is unilaterally applying its authority to Jews all over the world, without in any consideration of their desires and willingness,” Shakargy continued. “This bill violates the accepted rule that states try hard not to ‘touch’ those who aren’t their citizens. It creates a situation in which Israel isn’t respecting the accepted legal boundaries.” [...]

One source involved in this issue said the government had already told Reform and Conservative Jews “they aren’t Jewish enough” by canceling plans for an expanded egalitarian prayer area at the Western Wall. “Now, it’s adding that Diaspora Jewry must subordinate themselves to Israeli rabbinical courts. It’s thereby creating an Israeli Vatican.” 

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