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19.09.2024

Attorney: Beis Din issuing "letter of refusal" will be charged with criminal offense

Blow to the rabbinical courts • Attorney General Yehuda Weinstein, ordered the police to investigate every case of a letter of refusal by Beis Din • "offense of extortion"

Yehuda Weinstein. Photo: Flash 90
Yehuda Weinstein. Photo: Flash 90

The Attorney General today (Tuesday), published a provision that a letter of refusal should be addressed as a criminal offense.
The publishing of the attorney general's instruction came following complaints of private Beis Dins which issued "letters of refusal", designed to prevent turning to courts and state authorities.

Refusal letters included threats of a boycott or ostracism, and severe sanctions or threats of sanctions, which often were not only against the object of written refusal, but also against his family, including his children.

The Attorney General stated that issuing a refusal letter which contains social sanctions, condemnation and threats of boycott, may constitute a criminal offense of obstructing justice, deposition of testimony, impeachment of investigation and harassing a witness, and, in more severe cases, may even be considered an offense of threats or extortion.

"Letters of refusal," said the counselor, "were originally intended to preserve the autonomy and the status of the judicial institutions of the Jewish communities in the Diaspora, but Beis Dins now operate in Israel, which is a Jewish and democratic state."

Due to the sensitivity of the issue, it was determined that the decision to open an investigation or prosecution requires the approval of the Deputy State Attorney.

It was further clarified that on the disciplinary level, issuing a written refusal may be grounds for filing a disciplinary complaint, whether the signer of the letter of refusal is a rabbinical court official, or whether it is a judge in a private Beis Din, acting in parallel to a public function, such as the role of a Rav serving a part-governmental or any other public servant.

On the administrative level it was determined that if a criminal investigation would be conducted following the issuance of a letter of refusal against an officer of a public institution who is supported or seeks support, or if the officer has been convicted of a criminal offense following the issuance of a refusal letter, the possibility of delay or offset the support given to the institution will be examined, in accordance with the instructions of the Attorney General existing on this issue. It was also provided that a public body shall not place a public asset at its disposal for the use of a private Beis Din issuing warrants of refusal, and shall not use its resources of the public body to promote the Beis Din affairs. "
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