Israel Expands Rabbinical Courts' Authority Over Divorce and Civil Disputes

In March 2026, the Israeli Knesset approved a law expanding the jurisdiction of rabbinical courts to include civil disputes related to divorce, such as financial matters between spouses. Previously, rabbinical courts held exclusive authority over granting a Jewish divorce (get), but civil issues like alimony, property division, and custody were handled by family courts. The new law allows rabbinical courts to arbitrate monetary, business, and contractual disputes even without a formal divorce case, provided both parties agree in writing to arbitration under Jewish law. Decisions by rabbinical courts in this capacity are enforceable without civil court approval and have limited grounds for appeal.

This expansion builds on an existing "linkage" mechanism, where filing for divorce in rabbinical courts could bring related financial matters under their jurisdiction if the divorce claim was genuine. Now, rabbinical courts can independently adjudicate financial disputes without a divorce proceeding. However, human rights and women's organizations warn that some women may feel pressured to accept arbitration agreements in rabbinical courts, potentially resulting in outcomes unfavorable to them. In contrast, family courts apply civil law, which tends to balance property division more equitably and considers the child's best interests more comprehensively in custody cases.

Legal experts note that in certain cases, rabbinical courts may offer strategic advantages, such as recognizing rights under Jewish law not acknowledged by civil courts, including issues related to the ketubah (marriage contract) and alimony. The law emphasizes voluntary written consent for arbitration, but critics highlight a "consent trap," where one party may condition granting a get on agreeing to arbitration, raising concerns about coercion and the creation of a parallel legal system that may undermine fundamental legal principles.

Attorney Yuval Niv, specializing in family law, advises that understanding the differences between religious and civil law and the nature of consent requires expert legal guidance tailored to individual circumstances. The new law significantly changes the divorce landscape in Israel, requiring those involved in or considering divorce to carefully evaluate their legal options.