Search
Close this search box.

High Court: We Are Not An Appellate Court For Supreme Beis Din


ihcThe High Court of Justice has rejected an appeal against the Chief Rabbinate of Israel Supreme Beis Din and Rishon L’Tzion Rabbi Yitzchak Yosef Shlita, with the later serving as Av Beis Din.

High Court Justices Noam Solberg, Uri Shoham and Neil Hendel stated unanimously to the petitioners “The court in its capacity as the High Court of Justice is not an appellate court against the Chief Rabbinate Supreme Beis Din and the grounds for intervention in the decisions are limited”.

The petitioner requested an interim injunction and a permanent injunction to cancel two judgments rendered by the Supreme Rabbinical Court in Jerusalem, with one case dealing with the female petitioner compelled to accept a bill of divorce and losing [the payment of her] kesuva as per the original ruling by a Petach Tikvah Beis Din. The woman’s attorney argued the Supreme Rabbinical Court exceeded its authority as an appeals body.

The Petach Tikvah Beis Din ruled the woman loses her kesuva because the two are not loyal to one another and they “betrayed halacha”. The matter was then brought before the Rabbinical Supreme Beis Din as a court of appeal. The High Court explained the Rabbinical Supreme Beis Din discussed halachic and judicial matters at the discretion of the court and therefore, it feels there is no place for High Court intervention. The petitioner was also compelled to pay legal expenses incurred by the Rabbinate.

In a second case, the High Court backed the Chief Rabbinate Supreme Beis Din and a Jerusalem Beis Din ruling issuing a travel ban, prohibiting one from leaving the country. The attorney argued the beis din exceeded its authority and appealed to the Chief Rabbinate Supreme Beis Din and now the High Court. The appeal was rejected.

(YWN – Israel Desk, Jerusalem)



Leave a Reply


Popular Posts