Saturday, November 15, 2014

High Court orders annulment of cherem issued by Elad rabbinic court

Jerusalem Post    The High Court of Justice issued a court order demanding that a private rabbinical court in the ultra-Orthodox city of Elad explain why they issued a writ of social exclusion, which is illegal, against a woman who filed a law suit in a civil court instead of a rabbinic one.[...]

The writ was issued by the Central Rabbinical Court of Justice of Elad for Property against the woman, referred to as H.K. to protect her identity, because she filed a complaint with a civil court against a neighbor who was illegally building a porch above her apartment.

In 2013, the attorney-general issued a directive allowing for the criminal prosecution of anyone involved in imposing such decrees.

On Wednesday, the High Court made an injunction against the defendants asking them to explain why the court should not declare that they had acted in contravention of the law in issuing and publicizing the social exclusion order. [...]

The defendants have to submit their response to the High Court by December 31.

“According to the best of our knowledge, Rabbi Malka’s name did not appear on the writ, although this does not negate the responsibility that it [the writ] was issued in the name of the rabbinical court which is run by Rabbi Malka,” the Chief Rabbinate has said regarding the case.

“Rabbi Malka wished to clarify that his position in terms of Jewish law is that writs of social exclusion should not be used at all, and he will investigate how and why his directives were violated.” 

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