Jewish Press A rabbinical court in Netanya this week forced a divorced woman to
facilitate the performance of a Jewish circumcision for her son,
Behadrei Haredim reported.
During the divorce process, which Israeli Jews contest in rabbinical
court, the husband requested that the regional rabbinical court in
Netanya, about 20 miles north of Tel Aviv, to compel his wife to give
their son a legal circumcision. The court accepted his request.
The woman argued that the rabbinical court does not have jurisdiction
over her son, and may not decide on what constitutes a dangerous medical
procedure for him, especially since the boy is not a party to the
divorce procedure.
She argued that the authority to decide on this matter belongs
exclusively in family court.
But the rabbinical judges, Rabbis Michael Amos, Sheur Pardes and Ariel
Yanai, rejected the woman’s argument and determined that when a couple
is in a dispute over the treatment of their son, the dispute may be
resolve either in family or in rabbinical court.
“The circumcision,” wrote the judges, “is a simple surgery which is
conducted on every Jewish baby eight days or older, around the world,
for thousands of years. Therefore, when one of the parents demands it,
the other party may not prevent it unless a medical danger can be
proven.”[...]
The woman argued that the rabbinical court does not have jurisdiction
over her son, and may not decide on what constitutes a dangerous medical
procedure for him, especially since the boy is not a party to the
divorce procedure.
She argued that the authority to decide on this matter belongs
exclusively in family court.
But the rabbinical judges, Rabbis Michael Amos, Sheur Pardes and Ariel
Yanai, rejected the woman's argument and determined that when a couple
is in a dispute over the treatment of their son, the dispute may be
resolve either in family or in rabbinical court.
"The circumcision," wrote the judges, "is a simple surgery which is
conducted on every Jewish baby eight days or older, around the world,
for thousands of years. Therefore, when one of the parents demands it,
the other party may not prevent it unless a medical danger can be
proven."
The judges added: "The minor's entire educational construct depends on
the performance of the Brit Milah-circumcision; therefore the mother's
claim that the circumcision is unrelated the child's guardianship and
education is refuted and rejected.
"The circumcision is the sign, the mark, the distinguishing detail of
the Jewish identity of every Jew wherever he may be, and whatever his
spiritual state. An uncircumcised Jew's Jewish identity is incomplete
and defective."
Therefore, the mother's request was rejected and the court ordered her
to have the circumcision be performed within seven days, or suffer a
financial penalty.
About the Author: Yori Yanover has been a working journalist since age
17, before he enlisted and worked for Ba'Machane Nachal. Since then he
has worked for Israel Shelanu, the US supplement of Yedioth, JCN18.com,
USAJewish.com, Lubavitch News Service, Arutz 7 (as DJ on the high seas),
and the Grand Street News. He has published two fun books: The
Cabalist's Daughter: A Novel of Practical Messianic Redemption, and How
Would God REALLY Vote.
© 2013 The Jewish Press. All rights reserved.
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The woman argued that the rabbinical court does not have jurisdiction
over her son, and may not decide on what constitutes a dangerous medical
procedure for him, especially since the boy is not a party to the
divorce procedure.
She argued that the authority to decide on this matter belongs
exclusively in family court.
But the rabbinical judges, Rabbis Michael Amos, Sheur Pardes and Ariel
Yanai, rejected the woman's argument and determined that when a couple
is in a dispute over the treatment of their son, the dispute may be
resolve either in family or in rabbinical court.
"The circumcision," wrote the judges, "is a simple surgery which is
conducted on every Jewish baby eight days or older, around the world,
for thousands of years. Therefore, when one of the parents demands it,
the other party may not prevent it unless a medical danger can be
proven."
The judges added: "The minor's entire educational construct depends on
the performance of the Brit Milah-circumcision; therefore the mother's
claim that the circumcision is unrelated the child's guardianship and
education is refuted and rejected.
"The circumcision is the sign, the mark, the distinguishing detail of
the Jewish identity of every Jew wherever he may be, and whatever his
spiritual state. An uncircumcised Jew's Jewish identity is incomplete
and defective."
Therefore, the mother's request was rejected and the court ordered her
to have the circumcision be performed within seven days, or suffer a
financial penalty.
About the Author: Yori Yanover has been a working journalist since age
17, before he enlisted and worked for Ba'Machane Nachal. Since then he
has worked for Israel Shelanu, the US supplement of Yedioth, JCN18.com,
USAJewish.com, Lubavitch News Service, Arutz 7 (as DJ on the high seas),
and the Grand Street News. He has published two fun books: The
Cabalist's Daughter: A Novel of Practical Messianic Redemption, and How
Would God REALLY Vote.
© 2013 The Jewish Press. All rights reserved.
Printed from:
http://www.jewishpress.com/news/breaking-news/israeli-rabbinical-court-forcing-divorcee-to-circumcise-son/2013/11/07/
Scan
this QR code to visit this page online:
Related posts:
Guilty: Rabbi Motti Elon Convicted of Sexual Assault
Women of the Wall Protesting Bennett’s High Holidays Plan
Brave New Nation: 30 New Rabbinical Courts to Process Conversions
Close
Read more at: http://www.jewishpress.com/news/breaking-news/israeli-rabbinical-court-forcing-divorcee-to-circumcise-son/2013/11/07/0/?print
Read more at: http://www.jewishpress.com/news/breaking-news/israeli-rabbinical-court-forcing-divorcee-to-circumcise-son/2013/11/07/0/?print
Finally a reasonable ruling coming from an Israeli court. Good thing he didn't tell her there was going to be מציצה בפה.
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