If necessary, we will apply for a restraining order against the Rabbinical Court
Hiddush in the service of world Jewry
Every so often, Hiddush receives requests for assistance from outside of Israel. One recent appeal is particularly interesting and important, and we will continue to report on it again as it develops.
Uri Regev 16/11/2018 22:48
Tags: Rabbinical courts · Civil courts · civil law
Ceremony for the swearing-in of judges to the Israel's highest Rabbinical Court, source: Wikipedia
Sometimes, family members find themselves in an inheritance dispute before a court, as it was in this case (in a country outside of Israel). However, this case is unique because in an attempt to stop the litigation and undermine the legal claim, one of the family members who was sued decided to bring the case before a private Rabbinical Court in Jerusalem. They filed a lawsuit with the Rabbinical Courts in Jerusalem, which litigate according to religious law, against the family members who filed their civil claim in the country where the family resides.
As soon as the suit was filed, the Rabbinical Court issued a number of rulings, including an increasing threat of a religious boycott against the original plaintiffs, while demanding that they cancel the claim filed in the civil court and agree to litigate "only according to Torah law" because of "a prohibition against going to court" and "criminal delivery".
"For this is a very grave sin of raising a hand in the Torah of Moshe and desecrating the Lord, there is a prohibition on litigation in civil courts even if the both parties requested a ruling" - this means that the prohibition applies even if both parties have voluntarily agreed to adjudicate their dispute before the civil court. "And the religious court has the authority to ex-communicate and boycott him until he consents to remove the ‘hand’ of the gentile - namely the civil court - from his fellow Jew."
The Israeli Rabbinical Court threatened on several occasions that if they did not comply with its demand, it would bring about "a ruling regarding [their] refusal to abide by Torah law - with all that that implies," and that that the Rabbinical Court intends to issue "a grave ruling, according to the religion of Torah."
Hiddush had handled a similar case in the past, which successfully led to clear directives from the Attorney General prohibiting such threats and interventions by the Rabbinical Courts in proceedings conducted in civil courts.
The client found Hiddush after searching online for resources after being faced with the threats of the Israeli Rabbinical Court. They discovered that Hiddush had handled a similar case in the past, which successfully led to clear directives from the Attorney General prohibiting such threats and interventions by the Rabbinical Courts in proceedings conducted in civil courts. Even after the directives of the Attorney General did not help to persuade the Court to retract, Hiddush successfully took this case to the Supreme Court, forcing the state attorney to file a criminal complaint against the rabbis issue similar rulings – a criminal complaint that is being heard in a court in Israel today.
The desire of Israel’s Rabbinical Courts to extend their authority beyond the borders of Israel to all of the Jewish people is familiar, but when it comes to religious courts that threaten Jews who have taken their cases before the civil courts, the implications are particularly horrible. They are threatening the rule of law and the most basic values of democracy. There are special cases like the one we are handling right now, in which none of the parties are residents of Israel, and the Jerusalem Rabbinical Court’s threats against individuals in foreign countries gives both Israel and Judaism a bad reputation, damaging Israel’s foreign relations.
Hiddush appealed to the Court to withdraw its decisions and its hands from this claim, and after we received no response - Hiddush appealed to the police and the prosecution to demand that the rabbis be brought to trial (as was the case in the previous case). We aim to ensure that those who apply to us will not be harmed and that the lesson will also be learned and understood by other Rabbinical Courts, which continue this illegal practice. In the next stage, if necessary, Hiddush will also apply to the Supreme Court for a restraining order against the Rabbinical Court.