YeshivaThe torah world Gateway
Beit Midrash
- Sections
- Chemdat Yamim
- P'ninat Mishpat
The litigants are Israelis who were married in Israel but got divorced with a get abroad without any type of divorce settlement or other preliminary legal agreements such as determining a place or a mechanism of adjudication. Afterwards, the woman (=pl) sued in the Rabbanut court in Tel Aviv with a variety of monetary claims, including child support and division of property. The man (=def) also wants to have the matter adjudicated in a rabbinical court but he demands that it be in a Charedi court in Bnei Brak. (Both former spouses are Charedi.)
Ruling: According to Israeli law, the Rabbanut’s rabbinical courts have authority to adjudicate monetary matters related to the dissolution of marriage only when the adjudication is linked to divorce proceedings. In our case, where the matter was raised after divorce, the rabbinical courts lack legal jurisdiction, and thus the secular courts have legal jurisdiction, unless the two sides agree to adjudicate at the rabbinical court. This case is unique in that both sides are not interested in adjudicating at the secular courts that are subscribed by Israeli law. Rather, both agree to the alternative of a rabbinical court, just that they disagree as to whether it should be a rabbinical court under governmental auspices or a private one.
Although the rule is that one follows the beit din of choice of the defendant, that is only when the two rabbinical courts in question are of the same authority. Even if the two sides agree to adjudicate in a private rabbinical court, there are elements that are not binding based on the laws of arbitration. Specifically, child support and custody are subject to the oversight of the secular courts and even that which was agreed upon can be overturned. In contrast, the rulings of the governmental rabbinical courts are binding in these areas.
This claim, though, depends on whether this is a case where the Rabbanut courts have jurisdiction by law, which is usually when the two sides agree to adjudicate there. The matter seems as follows. The law recognizes two systems of courts, the government rabbinical and secular courts. If pl wants the rabbinical court, def could object and prefer the secular court. However, since he is not doing that, there is no third alternative that the law recognizes. No private court has standing in this regard according to law.
Therefore, due to the authority and ability to enforce its rulings, the parties are to adjudicate at the Rabbanut courts, despite def’s objections.
P'ninat Mishpat (832)
Various Rabbis
195 - Place of Adjudication
196 - Place of Adjudication
197 - Who Can Sequester Property?
Load More
Various Rabbis
Various Rabbis including those of of Yeshivat Bet El, such as Rabbi Chaim Katz, Rabbi Binyamin Bamberger and Rabbi Yitzchak Greenblat and others.
Moreshet Shaul Moreshet Shaul: A Crown and its Scepter – part II
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 294-5
P'ninat Mishpat P'ninat Mishpat: Smoking Rights in a Rental? – part I
based on ruling 85076 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Undoing a Problematic Partnership – part III
based on ruling 84061 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
Lessons
fast navigation
Shoftim TESHUVA IN COURT OF LAW?
Parshat Shoftim-Chodesh Elul
Why does parshat Shoftim always come out during Elul? This innovative and central explanation is an eye-opener regarding many aspects of Judaism.
The Month of Elul TESHUVA IS THE ANSWER
The month of Elul serves as a vital time for self-reflection and personal accountability to prepare for true repentance.
P'ninat Mishpat P'ninat Mishpat: Realtor’s Fee on Large Commercial Building – part I
(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
P'ninat Mishpat Complaints about Contractor’s Work – part II
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
Chemdat Yamim Moreshet Shaul: The Goal of an Agricultural Yeshiva – part I
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the laying of the cornerstone of the Yeshiva Chakla’it in Kfar Haroeh)
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the laying of the cornerstone of the Yeshiva Chakla’it in Kfar Haroeh)
Chemdat Yamim The Goal of an Agricultural Yeshiva – part II
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the cornerstone laying for the Yeshiva Chakla’it in Kfar Haroeh – 1938)
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the cornerstone laying for the Yeshiva Chakla’it in Kfar Haroeh – 1938)
Re'e NEVER EXTREME EXCEPT ISRAEL
Parshat Re'eh
Judaism is against extremism, so how can we understand the seemingly extreme statements found in our sages in favor of living in the Land of Israel and against living in Chutz laAretz? The article deals with the seeming contradiction between the strength of Free-Will and the strength of being influenced by our surroundings.
Ekev DANCE FOR ISRAEL- FOR YOUR BENEFIT
Parshat Eikev
Description: The 7 Haftarot we read after Tisha B'Av ("Shiva D'Nichemta") surely get us excited that they're coming TRUE, and awaken us to yearn, dance & join the return to Zion! The short article also deals with the problems and solutions facing the American Jewish community as discussed at a recent panel, as well as the question why Jews come from America to Israel to help when we face problems, but Israelis don't come to aid Jews in America when they face anti-Semitism.
