Question:

 

The rabbinical court finally ordered my husband to grant me a divorce because of his violence but he continues to ingore the order. Can I do anything?

 

Answer:

 

Yes, you can apply to the rabbinical court for a restrictive order against your husband, under the 1995 Rabbinical Court (Implementation of Divorce Judgment) Law. If the rabbinical court decides to take action against him for defying their judgment a wide range of options are available. The most severe is jail. Others include being prevented from leaving the country, holding, renewing and receiving an Israeli passport or driving licence. In addition, a "Sarban Get" (a man who defies an order to grant his wife a divorce) can have his rights to open or hold a bank account or to draw cheques .

  

 

Question:

 

What is the position of a woman in Jewish law whose husband refuses to grant her a divorce even when the rabbinical court has ordered and obliged him to do so ?

 

Answer:

 

Such a woman is a “quasi- aguna” or a woman who is “held up because of him”. Her husband’s refusal to give her a divorce prevents her from marrying someone else. She can, however, get special maintenance from her husband even if she works just because of his refusal to divorce. In 1995 legislation was made which has enabled pressure to be put on husbands who flout rabbinical court orders to divorce.

  

 

Question:

 

The rabbinical court ordered my wife to accept a “get” from me after it was proved to them that she had been having an affair with another man. She consistently refuses to obey their order. I feel I have a worthless judgment. Is this true, or is there something that I can do ?

 

Answer:

 

No, you do not have a worthless judgment. You can apply to the rabbinical court for a restrictive order against your wife, under the 1995 Rabbinical Court (Implementation of Divorce Judgment) Order. The same principles apply to a woman who defies the order as to a man defying an order. The only difference is that the procedure is more stringent regarding the most ultimate sanction,jail, because of the usual need for the woman to be at home taking care of the children/family.

  

 

Question:

 

Can a rabbinical court give the severest sanction – imprisonment - without trying lighter ones when taking action against a husband who refuses to obey a divorce judgment ?

 

Answer:

 

Yes, in extreme circumstances as in a case decided by the Greater Rabbinical Court in February 2003 where a husband – who,for over a year, had disobeyed a judgment ordering him to divorce his wife – was given a month to give his wife the ‘get’, or face 10 months in prison. The couple had lived apart for over 11 years .The husband was verbally abusive and cruel to both his wife and six children . All the relevant authorities consulted concluded that divorce was the only solution. She claimed that there was no point in initially applying lesser sanctions under the 1995 Rabbinical Court (Implementation of Divorce Judgment) Law – they would have no effect and she would remain an ‘aguna’. Her argument was accepted.