The rabbinical court: relationships with women and neglecting the home – not reasons for denying a written statement
A husband’s demand to exempt him from his wife’s address on the grounds that she cheated on him and did not clean the house was
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A husband’s demand to exempt him from his wife’s address on the grounds that she cheated on him and did not clean the house was
The rabbinical court in Petach Tikva denied a woman Ketubah fees because she filed a complaint about violence by her husband, even though the complaint
House authority struggles between the rabbinic court and the High Court are not new – but this time they went a step further, the court
A husband’s demand to exempt him from his wife’s address on the grounds that she cheated on him and did not clean the house was
The rabbinical court in Petach Tikva denied a woman Ketubah fees because she filed a complaint about violence by her husband, even though the complaint
House authority struggles between the rabbinic court and the High Court are not new – but this time they went a step further, the court
Most of the public is familiar with the role of lawyers, whose job it is to represent clients in courts, during transactions or in matters against authorities. However, the majority of the public does not know that there is a similar and important role (that corresponds to lawyers) called a ‘toen rabani’ a Rabbinic advocate who is a qualified expert to represent clients before the rabbinical court.
A Rabbinical lawyer – ‘toen rabani’ is an individual duly authorized to act as a representative for clients in the realm of family law within the Rabbinical Court in Israel.
The significance of this role becomes particularly pronounced due to the fact that matters pertaining to marriage and divorce are governed by religious Jewish law. The Rabbinical Courts – (Marriage and Divorce Law of 1953) specifies that the marital and divorce proceedings involving Jewish individuals in the State of Israel are to be conducted in accordance with “Torah law.”
This pertains specifically to Jewish spouses and citizens of Israel seeking a divorce, who must initiate the process by filing a claim with the Rabbinical court. The rabbinical court, in turn, is vested with the authority to deliberate on the issue in adherence to longstanding Jewish legal laws. Consequently, navigating issues of marriage and divorce demands not only legal expertise but also a knowledge of Halacha, which may not be commonplace among the general public or even lawyers specializing in family law.
To illustrate the influence of Jewish law in matters of marriage and divorce, consider the following example: for Jewish citizens of Israel seeking a divorce, the requisite step is to file a divorce claim with the Rabbinical Court. This claim is tantamount to a legal proceeding, necessitating the presentation of evidence supporting grounds for divorce. In this case, and unlike other matters, grounds for divorce are not fixed in the laws of the the country, but rather, they are delineated in the laws of Jewish Halacha. Recognized grounds for divorce include betrayal (on the part of the woman), acts of “ugliness” (improper behavior by the woman), “violating the Jewish religion” (by the woman), mutilation, abstaining from sexual intercourse, and more. Consequently, establishing grounds for divorce requires adherence to the principles outlined in Jewish Halacha.
To effectively represent clients before the Rabbinical Court, specialized professionals, known as ‘toanim rabaniim’ – Rabbinical lawyers, possess the unique qualifications essential for this intricate task.
Rabbinical lawyers, also known as “toanim rabaniim,” constitute a distinct professional category, often overlapping with the legal field as many toanim rabaniim are also lawyers. Nevertheless, even if a rabbinical lawyer lacks a legal background, they retain the capacity to represent clients exclusively before religious courts, namely the rabbinical court and the great rabbinic court, which functions as an appellate body.
The authority, qualifications, and accreditation of rabbinical lawyers are delineated in the regulations governing their practice, established in 2001 (hereinafter referred to as “the regulations”). According to these regulations, a rabbinical lawyer must hold Torah certification, which entails either completing over four years of study in a yeshiva or three years of study in an educational institution, accompanied by a certificate attesting to their Torah proficiency. Additionally, a rabbinical lawyer can only act as a representative if they are 18 years or older. The official certificate, recognizing the right of rabbinical lawyers to practice, is conferred by a committee specially appointed by the president of the Great Rabbinical Court. Also, notably, a toen rabani’s certificate is valid for five years and is subject to periodic renewal.
It is essential to highlight that obtaining a license as a toen rabani requires maintaining a clean criminal record, and individuals convicted of crimes involving defamation are ineligible for such certification. Furthermore, applicants for a rabbinical lawyer’s certificate must demonstrate to the committee that they adhere to a religious and modest lifestyle.
Similar to lawyers, rabbinical lawyers are bound by ethical rules that mandate respectful conduct toward the courts and judges. Additional ethical guidelines prohibit rabbinical lawyers from soliciting clients, engaging in self-promotion, and more. It is noteworthy that a rabbi found guilty of an ethical transgression may face penalties such as license revocation, suspension, reprimand, fines, and other disciplinary measures.
It is pertinent to mention that historically, rabbinical lawyers were exclusively male. However, following a landmark ruling by the Supreme Court, women are now eligible to serve as rabbinical advocates as well.
A rabbinical lawyer can provide valuable assistance to clients seeking faithful representation in the rabbinical courts. Therefore, we strongly advocate the use of a rabbinic lawyer, particularly when confronting a divorce or other legal proceedings within the jurisdiction of the rabbinical court.
The rabbinical lawyer brings added value to proceedings involving halachic significance or questions that may lack clear answers from the rabbinic judges. Consequently, we assert that utilizing a rabbinical lawyer is decidedly beneficial.
It is worth noting that opting for a rabbinical lawyer who is also a lawyer is preferable. This approach ensures that the client can benefit from a comprehensive array of services, ranging from representation before the Rabbinical Court to assistance with various issues pertaining to family law in the family court.
