‫מדינת ישראל‬
‫הנהלת בתי הדין הרבניים‬
The Rabbinical Courts are a part of the Israeli national judicial system.
Pursuant to the Rabbinical Courts (Marriage and Divorce) Law, 5713 – 1953, the
Rabbinical Courts have exclusive jurisdiction in matters of marriage and divorce of Jews in
Israel who are citizens or residents of the State.
Jewish couples in Israel who wish to legally divorce require a get arrangement at the
Rabbinical Court, since exclusive jurisdiction in this matter is vested in the Rabbinical
Court.
The Rabbinical Courts have parallel jurisdiction to that of the Family and Civil Courts in
matters of maintenance, child custody, division of property and custodianship.
The Rabbinical Court has exclusive jurisdiction to hear matters of religious trusts.
Procedures in the Courts are regulated in the Israeli Rabbinical Courts Hearings
Regulations – 5753, that have been enacted by the Council of the Israel Chief Rabbinate
and a panel of the Great Rabbinical Court judges.
THE MAIN MATTERS DEALT WITH BY THE RABBINICAL COURTS
Approval of divorce agreement
Divorce claim
Maintenance
Child custody and child visiting arrangements
Approval of marriage and divorce
Division of property
Wills and succession
Investigation of Jewishness
Conversion
THE JUDICIAL FORUMS
Twelve regional Rabbinical Courts are spread out in the large cities all over Israel.
The Great Rabbinical Court in Jerusalem acts as an appellate court regarding judgments
given by the regional Rabbinical Courts.
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‫מדינת ישראל‬
‫הנהלת בתי הדין הרבניים‬
-2THE JUDICIAL SYSTEM
The Rabbinical Courts system is headed by the President of the Great Rabbinical Court
who acts as the Chief Rabbi of Israel. By law, various powers with regard to acts of the
Rabbinical Courts are vested in the Court president. The approval of the President of the
Great Rabbinical Court is required, inter alia, in order to impose sanctions on a wife who
refuses to accept a get, for the purpose of granting a marriage permit to the husband and for
the purpose of transferring a case from one Rabbinical court to another.
The Rabbinical Courts operate in a panel of three judges, except in cases where a single
judge may hear the case.
ADMINISTRATION OF THE RABBINICAL COURTS
As of 7th of July 2015, the Rabbinical Courts ceased from being an autonomous unit in the
Ministry of Justice and are now in autonomous unit under the apparatus of the Ministry of
Religious Services that is entrusted with attending to all administrative needs of the
Rabbinical Courts, including: human resources, housing, managing courts, budgets,
computing and purchase of equipment.
GENERAL
The Rabbinical Courts in Israel are a part of the general legal system of the State of Israel.
The legal system is comprised of several legal tribunals, of varying ranks, such as the
Magistrates Court, the District Court, the labor tribunals, and more. The Rabbinical Courts
have been empowered by the Israeli legislator to hear matters of marriage and divorce of
Jews in Israel who are citizens or residents of the State (Section 1 of the Rabbinical Courts
(Marriage and Divorce) Law, 5713 – 1953).
The Courts belong administratively to the Rabbinical Courts Management, which is an
auxiliary unit in the Ministry of Religious Services. The Minister of Religious Services has
ministerial responsibility for the auxiliary unit. Employees of the Rabbinical Courts are
administrative employees appointed to their positions via the Civil Service Commission.
When a Rabbinical Court in Israel hears matters of divorce it is also competent to hear all
matters pertaining to child custody, matters that are by their nature related to the divorce,
and if no claim in the matter has been filed to the Family Court prior to filing the divorce
claim in the Rabbinical Court.
1.
The Supreme Court, sitting as a High court of Justice, supervises the activity
of the Rabbinical Courts, making sure that they do not exceed their jurisdiction, as set forth
by legislation and interpreted by the Supreme Court. The Supreme Court has held that any
Rabbinical Court ruling that is incompatible with the best interests of the child, violates the
rules of natural justice, etc., constitutes an act without jurisdiction, and must be annulled.
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‫מדינת ישראל‬
‫הנהלת בתי הדין הרבניים‬
-3The existing practice in the State of Israel is that if a party claiming that the
Rabbinical Court has not judged in a particular matter according to the above reference
principles, the party may file a petition to the High Court of Justice. In hearing the petition,
the Supreme Court reviews the ruling of the Rabbinical Court and if it is concludes that the
claims raised by the petitioner in his petition has merit, it may annul the decision of the
Rabbinical Court, and issues appropriate instructions as to the continuation of the
proceedings.
2.
Rabbinical Courts judges are elected by the Judges Appointment Committee
(comprising eleven members), composed of the two Chief Rabbis in Israel, two Great
Rabbinical Court judges , two Ministers, two Knesset Members, two advocates and a
female rabbinical pleader.
The judges' salaries are paid by the Ministry of Religious Services of the
Israeli government.
A rabbinical judge can be removed from his position by a decision of the
Judges’ Appointment Committee, adopted with the recommendation of the Chairperson of
the Committee, the Chief Rabbi serving as the President of the Great Rabbinical Court, or
the Ombudsman of the Judiciary.
The Rabbinical Court has an internal appeal system. The Great Rabbinical
Court of Appeals. The Decisions of the Regional Courts and those of the Great Rabbinical
Court (the appellate court) are reviewable by the High Court of Justice.
All types of decisions, including decisions regarding child custody, are
reviewable by the High Court of Justice. In addition, a rabbinical judge is subject to review
by the Ombudsman of the Judiciary under the Ombudsman of the Judiciary Law, 57622002.
3.
The High Court of Justice does not interfere with substantive religious law,
provided that this law does not violate the laws of the State of Israel and the rules of natural
justice.
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