Precedent: the Beis Din forced Ketuba payment on an unmarried woman

In a precedent-setting ruling recently decided Supreme Rabbinical Court of Appeals in Jerusalem that a woman who says she has been tricked and believed she is married, is entitled to receive alimony and Ketuba even though the marriage between the parties were not valid due to the fact that one of the marriage witnesses was not Shabbos observant.

The affair began with the lawsuit for divorce filed by Moni Harel, the former owner of the Hapoel Tel Aviv to the Rabbinical Court of Tel Aviv, and a lawsuit filed by Natalie Harel - Lazar, who thinks she is his wife, to the Family Court in Ramat Gan.

The court ruled the woman maintenance for the sum of 50,000 per month, while the rabbinical court did not accept the divorce.

The husband filed another lawsuit top the rabbinical court, which sought to declare his marriage invalid due to the fact that at his marriage was present only one witness who is the Rabbi who conducted the ceremony.

The woman in turn argued that at the canopy was present an additional witness to the Rabbi, a close friend of the husband, but this argument did not help her because that friend does not keep Shabbos, and therefore the rabbinical court ruled that the marriage of the parties are not valid and the woman is not entitled to maintenance and of course not to the Ketuba.

In light of this ruling the family court overturned the woman's alimony.

In distress the woman appealed to the Rabbinical Court of Appeals, and a few days ago, a judgment was innovative, where the Court ruled by a majority that although the party's marriage is not according to Jewish law, a woman may get alimony and ketuba. The Court explained its ruling that the woman was deceived, she was sure that the marriage is valid to all intents and undertook all liabilities of a married woman.
Attorney Avraham Aindorsky, counsel for the woman refused to answer to the inquiry of B'Chadrei Charedim in respond to the claims, but said there has been a precedent-setting ruling.

Prof. Dov Frimer attorney, counsel for the husband, said in response to a conversation with B'Chadrei Charedim that "the court ruled in an innovative way in terms of Jewish law and in terms of Israeli law." He added: "We are considering a request for reconsideration and appeal to the High Court. Every case goes through the court case of the Family Court decision for on the matter."

A legal source noted that in Israel there are tens of thousands of couples who are married as one of the witnesses at the marriage does not keep Shabbos, so that there was only one kosher witness, sent by the Chief Rabbi to conduct the ceremony. It was also reported that the woman intends to file a claim for damages against the Chief Rabbinate and Rabbi, but this time will submit the claim to court.

'בחדרי' גם ברשתות החברתיות - הצטרפו!