Knesset panel advances bill to expand rabbinical courts’ power over civil matters

Critics have warned that the bill’s democratic implications, particularly those regarding women’s rights, could widen the divide between ultra-Orthodox and secular communities.

The Knesset Constitution, Law and Justice Committee voted Tuesday in favor of a bill that would expand the power of rabbinical courts in Israel to act as arbitrators in limited civil cases.

The religious court arbitration bill is expected to soon be presented for final reading to the Knesset plenum. It passed the first reading in November by a margin of 63 votes to 43 and was debated in the Knesset committee.

Critics have expressed concern that women’s rights could be harmed due to the nature of rabbinical courts.

Opponents also warned of broader democratic implications, arguing that the legislation could deepen the division between the haredi (ultra-Orthodox) community and the rest of Israeli society.

The bill was initiated by MK Moshe Gafni and former MK Yisrael Eichler of the Haredi United Torah Judaism (UTJ) party, as well as MKs Ya’akov Asher and Yinon Azoulay of the Haredi Sephardi Shas party.

New responsibilities granted to rabbinical courts if the bill is adopted

Rabbinical courts could only act as arbitrators if all parties agreed, the proposal states. The explanatory notes to the bill indicate that, for many years, rabbinical courts handled civil disputes by mutual consent of the parties, until it was determined that they did not have the authority to decide such disputes.

The committee excludes from the scope of arbitration any criminal or administrative matter, as well as proceedings in which the state or a local authority was a party. Cases involving married couples or formerly married couples were also excluded.

However, the bill allows for arbitration in child custody disputes.

Finance Minister Bezalel Smotrich (Religious Zionist Party) praised the bill before the panel, saying it was a “liberal and egalitarian law that allows people, by completely free choice, to seek judgment in a rabbinical court.”

“Show a certain respect for an age-old tradition, a legal system endowed with values ​​and morality,” he added.

MK Yoav Segalovitz (Yesh Atid) sharply criticized Smotrich and the bill.

“The finance minister only came here to make his political spin. The law is bad. The rabbinical courts do not operate in an equal manner towards women, and regarding what you call ‘consent,’ there have been and still are major disputes,” he told the panel.

Knesset Committee on the Status of Women and Gender Equality Chairwoman Meirav Cohen (Yesh Atid) spoke about the risk the bill poses to women during a previous committee meeting on the bill on Monday. She said it was “dangerous legislation”.

“Rabbinical courts are not egalitarian because, first of all, Jewish law (halacha) is often not egalitarian,” she said.

“There is no way that our justice system will be replaced by a system based on halachic law. That is not what should exist in a democratic country, and we are moving in that direction.”

“I think there is a huge danger here for the future of the State of Israel, especially for women,” she told the panel.

“Another important issue to consider is that rabbinical judges are not required to be trained in civil law. Although they are required to act in accordance with state law, many people in these positions have not received training in civil law. They are not lawyers and are not required to receive such training,” she said.

Other opposition MPs spoke out against the bill. Yisrael Beytenu President Avigdor Liberman said Tuesday it was “another step toward transforming Israel into a halachic state subject to ultra-Orthodox coercion, and toward the creation of a state within a state, with a separate legal system.”

The entrance to the Tel Aviv rabbinical court was blocked off Monday morning with warning tape to protest the bill. The protest was organized by the organization Women Building an Alternative.

The Israel Women’s Network said it strongly opposed the bill and warned that it could seriously harm women’s rights in the country.

“Make no mistake, ultra-Orthodox women will pay the heaviest price, as they will be pressured to accept arbitration before a religious court that is not bound by the principles of gender equality,” the organization said when the bill passed its first reading.