Divorce decree issued by rabbinical court following two decades of marriage
In a groundbreaking decision, the Rabbinical Court in Safed granted a Jewish divorce decree (get) to a woman who had been denied one for over two decades. This marked the first criminal proceedings in Israel against a recalcitrant husband that resulted in the granting of a get, a significant step forward in the struggle against agunot (chained wives unable to remarry).
The couple, who were married in Baltimore, USA, in 1997 and have three children, faced numerous hardships. The wife endured domestic violence, estrangement from her family, and was denied medical care for their ailing son. Despite filing for divorce in 2003, her husband refused to cooperate, leading to a divorce being granted in his absence in 2005.
Upon immigrating to Israel for their son’s Bar Mitzvah, the woman reopened the divorce proceedings in the Israeli Rabbinical Court. However, her husband continued to refuse cooperation, resulting in his detention and imprisonment by order of the Rabbinical Court in 2012. Despite this, the wife chose to close the case, leading to the husband's release.
In 2020, the Rabbinical Court’s legal department invoked Article 287 of the Penal Code to prosecute the husband for failure to comply with a legal order. This led to additional imprisonment of 18 months. The husband eventually agreed to comply following the direct involvement of the President of the Great Rabbinical Court, Chief Rabbi of Israel Rabbi David Yosef, and with support from the President's Office and the Ministry of Justice.
The get was granted in August 2025, after the husband’s refusal ended with his conditional presidential pardon. This landmark case established a precedent in Israel for criminally prosecuting a get refuser, a breakthrough in the struggle against agunot.
The intervention of the State President’s conditional pardon linked legal and religious resolutions, demonstrating the use of civil criminal law tools alongside religious courts to enforce religious divorce. The case offers a legal and procedural framework empowering other agunot to seek justice through combined rabbinical and state legal avenues.
Rabbi Eli Ben Dahan, Director of the Rabbinical Courts, commented on the success of using criminal sanctions on recalcitrant husbands. He emphasised the Rabbinical Courts' commitment to using all available legal mechanisms to assist those denied a divorce in Israel.
This case is recognised as the first of its kind where criminal proceedings led directly to the release of a wife with a get in Israel, marking a critical moment in Jewish divorce law enforcement within the state. It highlights the severe personal and social consequences of get refusal, including prolonged abuse and family disruption.
- This landmark case set a precedent in Israel for using civil criminal law tools to prosecute recalcitrant husbands who refuse to grant a get, thereby aiding the struggle for mental health, family health, and women's health among victims of agunot.
- The wife, who faced numerous hardships including domestic violence, estrangement from family, and denial of medical care for their ailing son, found justice through the intervention of the President of the Great Rabbinical Court and the Ministry of Justice in a case that underscores the importance of parenting and health-and-wellness for all family members.
- In a critical moment for Jewish divorce law enforcement within the state, criminal proceedings against a recalcitrant husband led directly to the release of a wife with a get, signifying a vital step forward in combating prolonged abuse and family disruption, demonstrating the Rabbinical Courts' commitment to using all available legal mechanisms to safeguard family health and mental health.
