State Prosecutor Shai Nitzan publicized a new regulation which can be used at the state’s discretion against one refusing to give or receive a ‘get’ from one’s partner. Nitzan explains that in the overwhelming number of cases, the issue is with a husband refusing to give a bill of divorce and not a wife refusing to accept one. He is addressing cases in which a beis din has ruled the husband must give his wife a get but he refuses.

In line with the new regulation, in such a case the husband will have a criminal record which will impact his life in many areas. In addition, legal action may be taken against the perpetrator in the form of retribution and deterrence for a husband’s defiance of the law, the system and his wife. There will also be general deterrence measures directed at potential recalcitrant husbands to reduce the number of agunos as much as possible.

In a case in which a beis din has ordered giving a get and a husband refusing, a criminal case can be opened against the husband under Paragraph 287 of the penal code for failing to comply with a legal decision, namely the decision of a state-run beis din.

In an effort to avoid a ‘get meusa’ (גט מעושה), namely a husband giving a ‘get’ to avoid criminal action against him, criminal charges would only follow if and when a beis din orders the giving of a ‘get’ and only after consultation with the legal advisor of the batei din to clarify halachic issues before proceeding on the criminal front.

The new regulation was formulated during recent months as a result of cooperation of the secular and rabbinical judicial systems.

Director of the Batei Din Rabbi Shimon Yaakobi praised the state’s move to implement the regulation, calling it a significant step towards persuading additional husbands to free their wives from the status of agunos.

(YWN – Israel Desk, Jerusalem)