Israel's High Court May Reshape Divorce Proceedings

Israel's Supreme Court, known as the High Court of Justice (Bagatz), has issued an order nisi in response to a petition filed by the "Israel Hofshit" (Free Israel) organization. The petition seeks to fully or partially cancel Section 3 of the Rabbinical Courts Jurisdiction Law. If the petition is granted, it could significantly alter the authority of rabbinical courts, potentially stripping them of the power to adjudicate certain issues related to divorce proceedings, even when one spouse objects.

Currently, Section 3 allows for additional matters such as property division, custody, and alimony to be joined with a divorce case in a rabbinical court, under specific legal conditions. This means that in certain circumstances, one spouse can bring these disputes before a rabbinical court without the other's consent. The petition stems from a long-standing legal dispute over the rabbinical courts' jurisdiction concerning child support.

While the Supreme Court had previously limited the rabbinical courts' authority on child support, a Knesset amendment to Section 3 was enacted to explicitly grant them jurisdiction over child support claims linked to divorce. However, this amendment has sparked a broader legal challenge concerning the very authority of rabbinical courts to handle matters ancillary to divorce.

"Israel Hofshit" argues that the amendment allows for judicial review of the entire Section 3. They contend that the original section benefited from "grandfather clause" protection under basic laws, but the amendment opens it up for a renewed constitutionality review. The organization aims to use this argument to have the section canceled, which could impact the courts' authority over property and custody disputes. Alternatively, the petition claims the current arrangement infringes upon fundamental rights, including equality, freedom of religion, and the right to a fair trial.

On November 1, the Supreme Court issued the order nisi, requiring the Knesset, the Attorney General, and the Rabbinical Courts Administration to submit response affidavits by January 3, 2027. The judges emphasized that issuing the order does not signify a stance on the petition's claims. Attorney and Rabbinical Advocate Yitzhak Attia noted the potential far-reaching implications, stating the core issue is who has jurisdiction over financial and property matters during divorce. He clarified that no changes to the rabbinical courts' authority have occurred yet, as the court is merely requesting explanations before making a decision.