Case Number

HCJ 2232/03

Date Decided

11-21-2006

Decision Type

Original

Document Type

Full Opinion

Abstract

Petition to the Supreme Court sitting as the High Court of Justice.

Facts: The petitioner and the third respondent are Jews who are Israeli citizens and residents. Although they were competent to marry in accordance with Jewish law, they chose to marry in a civil ceremony in Cyprus. The marriage subsequently broke down and after various proceedings in the rabbinical courts, the rabbinical court dissolved the marriage by means of a divorce decree. The petitioner petitioned the High Court of Justice. In her petition she argued that the rabbinical court acted unlawfully when it dissolved the civil marriage and the grounds for the dissolution of the marriage were improper.

Held: Following the decision of the Great Rabbinical Court in this case, civil marriages of Jews contracted outside Israel are recognized by Jewish law as marriages in accordance with the ‘laws of the Children of Noah,’ i.e., those laws which under Jewish law govern the whole of mankind. Such marriages between Jews, while not having any ‘internal’ validity under Jewish law because they do not comply with the requirements of Jewish (religious) law, have ‘external’ validity in that they are recognized internationally and prevent parties who have contracted such a marriage from remarrying until the civil marriage is dissolved. In Israel, the rabbinical courts have sole jurisdiction to make a divorce decree that dissolves civil marriages between Jews. Such a decree need not be based on one of the grounds for divorce under Jewish (religious) law. The proper ground for dissolving such marriages is that the marriage has ended, i.e., that it has broken down irretrievably. The divorce decree does not require the consent of both parties nor does it require the proof of any element of fault on the part of one or other party.

Petition denied.

Keywords

Family Law -- Divorce, Family Law -- Marriage, Jewish Law -- Family Law, Jewish Law -- Rabbinical Courts

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