Hiddush appeal brings prosecution against rabbinic courts who threaten excommunication

In response to an appeal filed by Hiddush- Freedom of Religion for Israel, Yehuda Weinstein, Israel's Attorney General directed the Ministry of Religious Services to take legal action against private rabbinic authorities that attempt to excommunicate individuals who file cases in State civil courts.

07/03/2013 16:31

Tags: Attorney General · rabbinic courts · excommunication · writ of refusal

Attorney General Yehuda Weinstein, Photo: Wikipedia

In Israel, there are religious courts that have legal power in matters of family law, but have virtually no power at all in civil and monetary cases. As a result, many cases from the ultra-Orthodox community are filed in civil courts. One of the major problems with this system is that private religious courts often attempt to ostracize and excommunicate individuals who refuse to stand trial in their courts and attempt to punish those who use the civil courts or testify in police investigations. For an ultra-Orthodox community member, excommunication is, in many ways, considered to be one of the worst punishments that one could receive. In light of many complaints from members of ultra-Orthodox communities in Israel, Hiddush filed an appeal to the Attorney General's office to put an end to this phenomenon which endangers religious freedom in Israel.

"The time has come for the ultra-Orthodox rabbinic authorities to understand that Israeli law applies to them as well. Their attempts to thwart legal proceedings in State courts will ultimately summon them into those same courts that they so disdain."

Rabbi Uri Regev expressed his satisfaction with the Attorney General's decision: "I cannot emphasize enough the importance of the Attorney General's directive which sets a clear precedent to the Ultra-Orthodox community's rabbis. Their legal jurisdiction is not legitimate and must not continue to undermine the rule of law and the Israeli judiciary. Hiddush received many complaints from families thrown out of their communities, so we will have to pay very close attention to see how serious the Attorney General's intentions are in bringing the responsible parties to justice so this erosion of democracy does not continue."

The collision between private rabbinic courts and the State's civil courts comes in large part the from the ultra-Orthodox rabbinic authorities' belief that the state judicial system is in contradiction to Jewish law, and as such refers to it as the courts of the "non-Jews." Attorney General Weinstein decided that the courts that take action against community members who file a case in state courts or provide testimony to Israeli police could be found guilty for obstruction of justice, deposing testimony, or harassing witnesses.

According to Rabbi Regev, "The time has come for the ultra-Orthodox rabbinic authorities to understand that Israeli law applies to them as well. Their attempts to thwart legal proceedings in State courts will ultimately summon them into those same courts that they so disdain. No one has the right to threaten or blackmail individuals who for using the State's judicial system. Hiddush will continue to act against these criminal occurrences."