Civil Cases and Rabbinical Courts Letter
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Israel's official Rabbinical Courts handle a surprisingly diverse caseload that extends far beyond traditional religious matters, with 30% of their work involving civil disputes brought under arbitration laws. Through ethnographic observation, interviews with a licensed rabbinical lawyer, and analysis of seven volumes of published court decisions (piskei din), this research reveals a stark contrast in the courts' application of Jewish law (halakha). In civil cases, the courts demonstrate remarkable flexibility, revitalizing dormant halakhic principles through takkanot (ordinances) and minhag (custom) to address modern challenges including copyright disputes, employment termination, property rights, and restitution of Nazi-looted artifacts. However, in divorce proceedings—where they hold exclusive jurisdiction—the courts maintain a rigid stance, rarely enforcing get (religious divorce) orders against uncooperative husbands, effectively trapping hundreds of women in unwanted marriages. The courts' divergent approaches to civil and personal status matters illuminate the complex interplay between religious law, state authority, and social justice in Israel's dual legal system, revealing both the adaptive potential and inherent limitations of halakhic jurisprudence in contemporary society.

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Published 1982
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Theodore Friedman