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February 18, 1994 - Image 48

Resource type:
Text
Publication:
The Detroit Jewish News, 1994-02-18

Disclaimer: Computer generated plain text may have errors. Read more about this.

ews

DIVORCE page 47

1

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ed in half, but assets in the
name of one spouse, such as
employment pensions, re-
main with that spouse, said
Rabbi Ben-Dahan of the re-
ligious courts.
The wife is usually award-
ed a token sum, as specified
in the marriage contract.
Rabbi Simha Meron, a
lawyer and former director
of the religious courts, said
the ruling's impact is "not
all that meaningful" if mea-
sured by the number of af-
fected cases.
He maintained that most
couples who come before the
religious courts have al-
ready reached a halachically
determined agreement.
"The main problem, said
Rabbi Meron, is that "the
court said the rabbis must
judge according to civil law."
"The Knesset gives the
rabbinical courts the power
to judge with rabbinical
law," he said. "If you take
away rabbinical law, you
don't need rabbinical
courts."
Rabbi Meron said the
Supreme Court's decision
will not stick.
"The rabbis cannot and
will not break (Jewish) law,"
he said. "They have no right
to rule against Halachah."
Moreover, he predicted,
now "people will go more
and more" before the high
court.
Rabbi Ben-Dahan
predicted that the ruling
will make it more difficult to
divorce in rabbinical courts.
He said wives will come
before the religious courts
expecting to get half the
marital assets and the
husbands will refuse to
grant the get (divorce),
".`because they will say it is
against Halachah."
Ms. Isserow, the attorney
for the women's network,
observed that rabbis will no
longer be able to use advan-
tageous property set-
tlements to induce
recalcitrant husbands to
grant divorces.
The issue goes to the heart
of the "delicate balance"
between religion and state,
said Ms. Blumenthal,
"which lies at the root" of
Israel's foundation.
"Women are the victims of
the injustice of concessions
made as part of this bal-
ance," she said. "We suffer
because we don't have the
political power to fight."
According to the Israeli
newspaper Davar, Rabbi
Sha'ar Yeshuv Cohen, the
chief rabbi of Haifa, called
for all Israel's chief rabbis
and rabbinical judges to
assemble to discuss the
matter. ❑

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