Court retreated: will not intervene on rabbinical court decision
The High Court reversed its decision to intervene in the decision of the High Rabbinical Court – which requested to release from prison a divorce refuse • "The Beis Din may order the continued detention or release, according to their decision"
- Yonah Shub, B'Chadrei Charedim
- י"ג אדר התשע"ג
בית הדין הרבני בירושלים צילום: פלאש 90
A panel of three judges of the Supreme Court, headed by the President of the Supreme Grunis, decided to withdraw from intervening on the decision of the Rabbinical about the arrest of a divorce refusal.
The affair began when a husband refused for a long time to divorce his wife. Rabbinical Court was convinced that they should imprison the husband, but the sentence alone was not enough apparently to convince the husband to divorce his wife.
In order to receive compensation for the damage done to her, the woman filed a civil suit for damages against the husband in family court. But the Beis Din objected to this step and stated that imprisonment will be extended only if the woman will dismiss the claim filed in court.
The decision was also approved at the Rabbinical Court and the woman appealed to the High Court claiming that the rabbinic courts have exceeded their authority.
Supreme Court Judge Uzi Fogelman, who has received the case for the first time, ordered a temporary decree on the continued imprisonment of the husband despite the decision of the High Rabbinical Court.
Yesterday, after the case was brought before a panel of three judges it was determined that since further discussion was set in the Rabbinical Court on this issue in two weeks the husband will remain until then in prison. However, after the discussion, Rabbinical Court will be free to rule according to their understanding.
"The Beis Din may order the continued detention or release, to their understanding", the judges decided, but in fact have not yet rejected the petition and added that "the parties shall submit posts update within five days from the hearing in the High Rabbinical Court."
The affair began when a husband refused for a long time to divorce his wife. Rabbinical Court was convinced that they should imprison the husband, but the sentence alone was not enough apparently to convince the husband to divorce his wife.
In order to receive compensation for the damage done to her, the woman filed a civil suit for damages against the husband in family court. But the Beis Din objected to this step and stated that imprisonment will be extended only if the woman will dismiss the claim filed in court.
The decision was also approved at the Rabbinical Court and the woman appealed to the High Court claiming that the rabbinic courts have exceeded their authority.
Supreme Court Judge Uzi Fogelman, who has received the case for the first time, ordered a temporary decree on the continued imprisonment of the husband despite the decision of the High Rabbinical Court.
Yesterday, after the case was brought before a panel of three judges it was determined that since further discussion was set in the Rabbinical Court on this issue in two weeks the husband will remain until then in prison. However, after the discussion, Rabbinical Court will be free to rule according to their understanding.
"The Beis Din may order the continued detention or release, to their understanding", the judges decided, but in fact have not yet rejected the petition and added that "the parties shall submit posts update within five days from the hearing in the High Rabbinical Court."
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