Beit Midrash
- Sections
- Chemdat Yamim
- P'ninat Mishpat
Ruling : The secular regional court has no right to try to undo beit din’s order, as the two courts have equal jurisdiction, and any discrepancy between the two must be resolved by the Supreme Court. The appeal that is before the Supreme Court is surprising, considering that the lawyers for both sides agreed to the temporary freeze.
In general, the secular court’s authority to approve divorce agreements is based on The Law of Monetary Relations Between Spouses, which applies to beit din as well. A divorce agreement, by its nature, is linked to the eventuality of divorce. If the couple no longer agrees on divorce, then it is not enforceable. Since the religious court has exclusive jurisdiction regarding whether there is an obligation of divorce and there has been no decision that there needs to be divorce, the secular court may not give a ruling to carry out the divorce agreement.
There are two elements to the monetary relations between spouses. One is of partners in property. The other is of monetary arrangements that allow for the proper functioning of the family unit. Some of the monetary arrangements, including elements of the ketuba, are matters that the Rabbis did not allow to be tampered with, even by agreement of the sides. Therefore, as part of its jurisdiction over matters related to the viability of the family unit, beit din must be given jurisdiction to rule unless and until there is a decision for divorce. They certainly have the right and obligation to render a temporary restraining order when the basic relationship is directly affected.
P'ninat Mishpat (802)
Various Rabbis
189 - Granting a Wife Living Rights in a Specific Home
190 - Freezing of Assets for Spousal Reconciliation
191 - Rejection of a Late Request for Appeal
Load More
P'ninat Mishpat: A Seller with Questionable Rights to the Property – part II
based on ruling 84062 of the Eretz Hemdah-Gazit Rabbinical Courts
Beit Din Eretz Hemda - Gazit | Cheshvan 5786
P'ninat Mishpat: Dividing Returns on Partially Cancelled Trip – part I
based on ruling 84070 of the Eretz Hemdah-Gazit Rabbinical Courts
Beit Din Eretz Hemda - Gazit | Tammuz 5785
P'ninat Mishpat: Used Car with a Faulty Motor
based on ruling 84020 of the Eretz Hemdah-Gazit Rabbinical Courts
Beit Din Eretz Hemda - Gazit | Shevat 5784
