Tuesday, April 30, 2019

In first, Israel jails divorce-refuser on criminal charges

For the first time in its history, Israel will jail a divorce-refuser on criminal charges, at the prodding of the state-run rabbinical courts, and against the wishes of his former wife, who secured a private religious annulment of their marriage nearly a year ago.
The Jerusalem Magistrates’ Court ruled Tuesday that Meir Gorodetsky will be incarcerated for 15 months on charges of violating a court order, over his refusal — spanning over two decades — to abide by state rabbinical court orders to grant his wife a divorce. He was convicted on the charge earlier this month.

1 comment :

  1. “In first, Israel jails divorce-refuser on criminal charges”
    This is not Israel rabbinate court jailing the fellow, not directly. Is the Israel civil court rendering a fair decision? We read in this week’s parsha:
    “You shall not render an unfair decision: do not favor the poor or show deference to the rich; judge your kinsman fairly.” (Leviticus 19:15).
    ויקרא פרק יט פסוק טו
    לֹא תַעֲשׂוּ עָוֶל בַּמִּשְׁפָּט לֹא תִשָּׂא פְנֵי דָל וְלֹא תֶהְדַּר פְּנֵי גָדוֹל בְּצֶדֶק תִּשְׁפֹּט עֲמִיתֶךָ
    רש"י ויקרא פרשת קדושים פרק יט פסוק טו
    לא תעשו עול במשפט - מלמד שהדיין המקלקל את הדין קרוי עול, שנאוי ומשוקץ, חרם ותועבה. שהעול קרוי תועבה, שנאמר (דברים כה טז) כי תועבת ה' וגו' כל עושה עול,ע והתועבה קרויה שקץ וחרם, שנאמר (שם ז כו) ולא תביא תועבה אל ביתך והיית חרם כמוהו שקץ תשקצנו וגו'
    “You must have completely honest weights and completely honest measures, if you are to endure long on the soil that the Lord your God is giving you. For everyone who does those things, everyone who deals dishonestly, is abhorrent to the Lord your God.” (Deuteronomy 25:15-16).
    “You shall consign the images of their gods to the fire; you shall not covet the silver and gold on them and keep it for yourselves, lest you be ensnared thereby; for that is abhorrent to the Lord your God. You must not bring an abhorrent thing into your house, or you will be proscribed like it; you must reject it as abominable and abhorrent, for it is proscribed.” (Deuteronomy 7:25-26).
    Alas, for ORA, Agunah International and such:
    “The woman is acquired by three means and she regains her freedom by two methods. She is acquired by money, or by document, or by sexual connection. By money-the School of Shammai say, By a denar or by a denar's worth; but the School of Hillel say, by a perutah or by a perutah' s worth. And how much is a perutah?-One eighth part of an Italian issar . And she recovers her freedom by a letter divorce or on the death of the husband. The widowed sister-in-law is acquired by sexual intercourse and she obtains her release by chalitzah or on the death of the brother-in-law.” (Mishna 1 Kiddushin).
    ORA, Agunah International and such are lately having embarrassments. Force is not working to get what they want. They don’t want the woman acquired like a slave. They want the woman to have the same rights as the man. My theory is that the יצר הרע men have for woman is playing a role. “[The word of the Lord came to me] as follows: If a man divorces his wife, and she leaves him and marries another man, can he ever go back to her? Would not such a land be defiled [Cf. Deut. 24.1–4]? Now you have whored with many lovers: can you return to Me?—says the Lord. Look up to the bare heights, and see: Where have they not lain with you? You waited for them on the roadside Like a bandit כערבי [lit. Arab] in the wilderness. And you defiled the land With your whoring and your debauchery. And when showers were withheld And the late rains did not come, You had the brazenness ומצח [lit. forehead] of a street woman, You refused to be ashamed.” (Jeremiah 3:1-3).
    I may hear tomorrow on NYS Court of Appeals 266 3/25/2019. Do NYS civil courts render fair decisions?


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