Rabbis Want Woman Jailed For Refusing Divorce

In a rare move, the Jerusalem Rabbinical Court ordered a 59-year-old woman jailed this week for refusing for 15 years to accept a ritual divorce from her husband and release him from their marriage.

 

Jerusalem Rabbinical Court wants woman jailed for refusing to accept divorce
Wife refuses divorce because of financial dispute threatened with prison sentence if won’t agree to divorce, in unusual rabbinical court case.
By Tomer Zarchin • Ha’aretz

In a rare move, the Jerusalem Rabbinical Court ordered a 59-year-old woman jailed this week for refusing for 15 years to accept a ritual divorce from her husband and release him from their marriage.

Disputes over refusals to grant a get, or Jewish religious separation, are common, but usually involve a husband holding back the bill of divorce, making this a rare case.

The woman, who lives in the center of the country, is refusing to accept the divorce from her husband because of an ongoing property dispute between the two.

“I won’t take the get under any circumstances, even if they take me to jail,” the woman told Haaretz Monday. “I’m made of steel, you can’t break me.”

The rabbinical court took the step after imposing a series of sanctions on her, in an effort to force her to accept the divorce. But after these efforts failed, the court, comprising rabbis Avraham Sheinfeld, Eliyahu Abergil and Mordechai Toledano, ordered her imprisoned for 30 days.

While under Jewish law the power to divorce rests with the husband, a man cannot divorce his wife against her will. This leaves the wife some leverage, as she must accept the divorce for it to be valid.

The couple married in 1987, three months before their only child, a boy, was born. It was the second marriage for both. In 1996, the husband filed for divorce with the local rabbinate and at the end of that year the rabbinical court ordered her to accept a divorce, but she refused.

The woman conditioned her acceptance of the divorce on her getting a home they owned in the center of the country and $1.5 million. The woman claimed that by this she was abandoning her claim to other, substantial property her husband owned, including a profitable business.

The husband claimed that she had gotten her share of their property under the receivership law, and that she was blackmailing him by withholding the divorce, which keeps him from being able to remarry by Jewish law.

To force her to accept the divorce, the rabbinical court blocked her from leaving the country, restricted her bank account and suspended her driver’s license. But the woman remained firm.

In 2001 the rabbinical court even granted the husband permission to marry again, another relative rarity. But his attorney, Shmuel Gross, noted that the Interior Ministry will not “unlink” the woman from her husband without a ritual divorce, and that as far as it’s concerned, the two are still married.

Attorney Irit Rosenblum, who heads the New Family organization, has appealed to the ministry on the husband’s behalf, asking it to change the man’s status from “married” to “under clarification.”

She noted that whatever the status of their personal relationship, having the woman listed as his wife has ramifications relating to pension rights and inheritance, the Tax Authority, the National Insurance Institute and the health funds.

Batia Kahana-Dror, who heads the organization Mevoi Satum, which helps and advocates for women being denied a divorce, said she had never heard of a woman being jailed for refusing to accept a get. Nevertheless, she backed the court’s action.

“A get should not be a blackmailing tool for a man or a woman,” she said.

Comments

[william e emba]

Rare? Agunos are certainly more common than agunim, but for better or worse, agunos get all the attention, and the plight of agunim is considered a non-issue.

For Ashkenazi men, there is a way out, involving the 100 rabbis' heter, but unless you're rich or influential, it's usually just hypothetical. Even then, as we see here, being rich doesn't always work.

[ruthie]

that's funny! i'm sure she's got a good reason.
*if the husband can't remarry, then as hard as it may be for her, she MUST...still, it's funny

[tooclose2detroit]

that's funny! i'm sure she's got a good reason.
*if the husband can't remarry, then as hard as it may be for her, she MUST...still, it's funny

Posted by: ruthie

typical liberal mindlessness-if a man won't give a get, he is a "monster" who should be jailed or worse for his chaining this woman!-but, predictably, when it comes to the woman,she is SURE that the woman has a good reason!-and, isnt it so funny!-is there anyone out there-anyone at all-who can't see what the fuck is wrong with this disgusting lack of balanced thinking???-anyone??

[Benjamin Of Tudela]

As someone who worked as a family lawyer in Israel - the woman not agreeing to recieve a Get is a standard tactic in divorce negotiations. This case is only unusual because of the amount of time it seems to be going on.

[Kol Tzfardayah]

Maybe wax from lakewood should take care of this....

[tooclose2detroit]

no way!-you mean, woman are capable of terrible behavior??-no way!!-but Ruthie is so SURE she has a good reason!!-and, it's funny!!-isn't is funny??-I mean, how could you not think it's funny that a man is being put through hell??-what's the matter with you??

[ruthie]

tooclose2detroit...but you are missing my point here.
i think it's funny because she's NOT divorcing him.

[ruthie]

forget it...i'm sorry...you're right tooclose@detroit..pardon

[tooclose2detroit]

I have newfound respect for you, Ruthie!

[barry521]

The Rabbis told me I could go to 100 Rabbis, if my ex didn't accept the get. I told the Rabbis good you all go, and I'll begin to live my life anew, which I did.
Needless to say the rabbis didn't like my statement, but so what. I feel I met my obligations in offering my ex the get, and having it delivered numerous times to no avail.
Then I started to take my new girlfriend to all the Jewish functions the Rabbis were with, and cause a big ruckus with them all.
They were in no position to say anything. Even the Rabbi's wives would greet my S/O with open arms!

[A E ANDERSON]

It's high time for separation of synagogue and state!

[ah-pee-chorus]

people who choose to play by the ridiculous rules established thousands of years ago deserve what they get (no pun int). its like playing in a basketball game before the rule prohibiting goaltending was added, and your opponent has a seven footer stationed by your basket legally swatting away every possible shot you take. it wouldnt take long for you to refuse to play unless the rules were changed.
and of course like any rational system of rules, basketball changed their rules so the game could still be played. if rabbis are powerless to do the same when halacha doesnt work, you have a broken system doomed to fail. it happens that halacha does have corrective mechanisms as we see in the gemarra with chalitza, heter mechira and proozbul, but the impotent rabbis of today are too gutless to use these mechanisms and consign frum jews to a life where certain rules dont work and wont be changed.
rational people would take their ball and find a game whose rules allowed for a fair and playable game. if the NBA had refused to change the goaltending rule there would be no league today.
that being said, its still outrageous for a country to endorse religious idiocy like this and to give rabbis the right to jail someone, man or woman, for not wishing to play the silly game, or for choosing to take advantage of rules that dont work..

[tooclose2detroit]

APC-u b right-I wish they would modify-that is not to say that every tom, dick, and mary should be able to make up their own rules and still call it judyism, but intelligent people that are immersed in the details of the religion should be able to find a more intelligent way of unchaining people than jailing them or beating them.

[Gefilte Fish]

The irrefutable point here is that any man whose wife refuses to accept the get will not face rabbinical sanctions should he live with another woman and father children. Heck, if he has enough money, the rabbis will grant him a heter to marry again. Contrast this to a woman whose husband either refuses outright to grant a get or who offers to grant one with outrageous demands attached; there is no rabbi in Israel who will permit her to remarry.

[What kind of goyishe name is Harold z"l?]

Shmarya, there is no reason to show her picture. Please remove it.

[Jake]

Hope these rabbis will prosecute a female bigamist.

[Waiting4Moshiach]

This is just another problem that gos away when Moshiach comes so pray for Moshiach to come NOW!

[Gefilte Fish]

Jake,

The rabbis DO punish female bigamists in Israel. Their children are mamzerim (bastards) and cannot marry the Jewish people for 10 generations.

[sara maimon]

this is ridiculous; why don't they just give him a heter. Or why doesn't he just go get married in the backyard if he wants to, without the rabbinate involved.

[Adam Neira]

Similar to the other story a few weeks ago with the man that wouldn't give his wife a divorce. Divorce should be avoided at all costs, but if the marriage has reached a dead end and is on the rocks then it is sometimes best to separate. The key to a good marriage is actually in all the courtship and trust building prior to the actual ceremony. People should get to know each other before they tie the knot. The thing that cements a good relationship is a commitment to serve G-d together and make the world a better place. A loving person will find someone to love. Love is care, respect, responsibility and knowledge. Love is an attitude not an object, but we do fall in love with certain people for a reason. Children who know that their parents truly love each other are happy. A good relationship can change the world forever. The ripple effects of true love can build to a cosmic tsunami of happiness.