Interesting Divorcement Case `Get' Validated in England An American Jewish Press Feature Whether Great Britain's civil ing on the uncontested applica- divorce courts would recognize tion of Mrs. Hannah Har-Shefi, a religious divorce in England an English citizen, who had as dissolving a marriage was de- married Elchanen Har-Shefi in cided last week when a Britain Israel in. January, 1950. justice made a ruling that a It was September 1951 when Beth. Din bill of divorcement the bill of divorcement was was valid under English law. Justice • Pearce made the rul- made in London, and Mrs. Har- Shefi was asking Justice Pearce to declare that she was un- married under English law. Acknowledging that it was an unusual and novel petition, the woman's lawyer, John Mortim- er, told the judge: "The impor- tance of this case to her is that she does not really know wheth- er she is married or single, and she has it in her mind to marry again if she is free to do so." MILK - CREAM and other Best Wishes for DAIRY PRODUCTS the New Year Delivered Apollo Company, Inc. To Your Door Formerly or at DETROIT SUSPENDER Your Neighborhood Store & BELT CO. 210 First WAlnut DETROIT JEWISH NEWS-9 nized as competent by Israel an ecclesiastical court set up by Friday, September 11, 1953 New Year Greetings either the Conservative or Re- By a majority, the Court of form movements and composed To the Community Appeal had decided that Mrs. of non-Orthodox day a n i m — Har-Shefi w a s entitled to would presumably not dissolve FINTEX bring her problem before the the marriage according to Jew- ish law now accepted, and under divorce court. English law the parties would In his ruling, Justice Pearce not be free to remarry, unless CLOTHES declared that the main diffi- again, of course, they had a culty that arose was whether civil divorce. Combined with • the English courts would recog- nize a religious divorce in Eng- FINSTERWALDS Le Shono Tovo land as dissolving a marriage. The judge said that Mrs. Har- •Michigan's Shefi's marriage had been short and unhappy. After the bill of Largest divorcement, Har-Shefi got into trouble with the English police and in December, 1951, was de- Clothiers ported back to Tel Aviv. 34th Floor Cadillac Tower Mrs. Har-Shefi had an Eng- 15 DETROIT STORES lish domicile of origin and she WO. 3-8632 resumed her English domicile after her divorce from her hus- band who was domiciled in Is- rael. The judge was satisfied by the evidence that in conformity L'Shono Tovo Tikosevu with Jewish law the husband presented a bill of divorcement to his wife before the Chief Rabbi of the Beth Din. SCHOSTAK BROS. & CO. "I am satisfied by the evi- dence of the Senior Ecclesias- tical Judge (Dayan I. Grun-- feld) that the divorce did take place and that it was valid according to Jewish law," Justice Pearce stated. `My view is that the court must recognize the validity of that divorce." WO. 1-8640 After referring to a legal text- book, the judge added: "This marriage has _been dissolved by the only form of divorce...which is open to a person of the hus- band's faith domiciled in Israel. That must be a valid divorce under English law." A divorce which is valid under Jewish law is a "Get", and may be given before any recognized Beth Din anywhere in or out- side of the confines of Israel. In this case, the "Get" was given before the London Beth Din, but the whole question turned upon what was the , domicile of the husband—which was Israel at the time of the ESTABLISHED 1890 "Get." In order that the deci- sion be fully appreciated, it 467 Amsterdam must be stressed that domicile means a permanent home, ir- respective of a person's na- 'tonality. Domicile is distinct from residence, however long- Best Wishes ;for a Happy .New.Year, standing. The functions of the Beth Din First by Merit have now become of consider- able importance in this type of THE NEW ERA POTATO CHIPS divorce case. Until the present time it could Scientifically processed, Easily Digested, Less Fattening not be said that any Get given before it had any validity as a divorce, according to English Distributors of law; at the most, it enabled the parties to consider themselves BACHMAN Butter Thin PRETZELS unmarried only a c c o r ding to Jewish law—but their marriage could not be properly dissolved without a civil divorce in the English courts irrespective of a religious divorce. WA. 1-2700 4801 GRANDY And this still holds true of Jews domiciled in England. The judgement in the Har-Shefi case IHM141•00•111•11111111111001110110111 4 . 11011141111111411111M1111101111110111100110000•411 has altered the position to a certain extent only. 1-9000 Best Wishes -for a Year of Peace and Happiness AMSTERDAM PRESS and VV. J. WHITE & COMPANY SIMON KLEIN - MYER KLEIN Insurance Agency Extend greetings on the New Year to their many friends and patrons. New Location for Your Convenience VE. 7-0730 15940 W. McNichols ....440 ************••••••••••••• - Best Wishes For a Happy New Year DETROIT WHOLESALE BAKERS NICOLAY - DANCEY, Inc. A "Get" given in London or The DETROIT RETAIL KOSHER MEAT CUTTERS ASSOCIATION and Their Co-workers elsewhere outside the confines of the State of Israel by a Beth Din- which would not be recog- A Very Happy New Year to all our friends, relatives and customers. For that special holiday "touch" be sure you serve our famous bread—with that good old-fashioned flavor. ZEMAN'S Extend Greetings for a Healthy and Happy New Year to Their Many Friends and Customers N.Y. BAKERY J3orenstein Bros., Prop. 8735 - 12th TY. 4-9628 13137 Dexter WE. 5-9102 9726 Dexter A IIMPPrIPIPMeltiLIMPPPIPIPIPIPeteMPAPIPPIPIPIPt tilL A Happy, Healthy and . Prosperous NEW YEAR To the Jewish Community • KOEPPLINGER'S BAKVY WU.