Excessive Court docket bans Chief Rabbinate obligatory Jewish standing investigations

2021-07-22 23:24:22

Following intervention by the Excessive Court docket of Justice, the Chief Rabbinate and the Rabbinical Courts Administration have agreed to halt obligatory third-party Jewish status-investigations and cease all unauthorized utilization of non-public Jewish standing knowledge.

The settlement between these our bodies, the State Lawyer’s Workplace and the Itim non secular providers group brings an finish to a seven-year authorized battle by the latter group in opposition to what it described because the extreme overreach of the rabbinate and the rabbinical courts, and their unauthorized use of personal knowledge relating to the Jewish standing of Israeli residents.

Over the past decade, the Chief Rabbinate has develop into more and more suspicious of the Jewish standing of any Israeli who was born within the former Soviet Union, or their descendants.

Fairly often, when such residents strategy the rabbinate to register for marriage or search different non secular providers, they are going to be despatched for Jewish standing clarification in a state rabbinical court docket to find out if they’re certainly Jewish.

The rabbinical courts themselves have develop into ever extra stringent of their strategy to Jewish standing clarification, typically counting on Soviet documentation moderately than instruments inside Jewish legislation to find out Jewish-status, Itim director Rabbi Seth Farber says.

Certainly, in some instances residents whose family had beforehand had their Jewish standing affirmed and been married via the Chief Rabbinate subsequently had their Jewish standing revoked

In instances the place the rabbinical courts decided a person to not be Jewish, or was unable to be correctly clarified, the person involved was added to a blacklist of residents blocked from marriage via the rabbinate.

However on the identical time, the Chief Rabbinate would summon the person’s family to rabbinical court docket and require them to bear Jewish standing clarification, would tremendous them in the event that they refused to take action, and put them on a blacklist of residents unable to marry via the Chief Rabbinate.

Such measures might lead to quite a few residents who by no means requested any non secular service or rabbinical court docket course of being blacklisted by the Chief Rabbinate.

In a single case lined by The Jerusalem Publish, 4 members of 1 prolonged household had been positioned on the rabbinate’s blacklist after one member of the household sought to register for marriage however whose proof of Jewish identification was rejected by the rabbinical courts investigator.

Three of those relations had nevertheless beforehand married in Israel via the Chief Rabbinate, which means their Jewish standing had been authorized by marriage registrars and rabbinate officers prior to now.

In addition to blacklisting third events, the Chief Rabbinate additionally created a database of such individuals and would use it to inspect the Jewish standing of different individuals after they got here to register for marriage or sought different non secular providers.

Because of Itim authorized stress, the Chief Rabbinate has modified varied points of its rules on obligatory Jewish standing clarifications for third events however by no means revoked them and maintained its database and free use of such knowledge relating to such individuals.

In November 2020, the Excessive Court docket issued an interim ruling suspending obligatory third-party investigations and the compilation and use of a database, and demanded the Chief Rabbinate clarify its place.

Following discussions between the Chief Rabbinate, the Rabbinical Courts Administration, and the State Lawyer’s Workplace, with enter from Itim, an settlement was reached stating that the Chief Rabbinate and rabbinical courts can not make Jewish standing investigations obligatory for third events.

As well as, the Chief Rabbinate and the Rabbinical Courts Administration dedicated to not utilizing the small print of third events in court docket choices until inherently vital to find out the Jewish standing of the first topic of the method, and agreed to not use the info so as to verify on the Jewish standing of different residents.

A choice issued by the Excessive Court docket on Thursday gave this settlement the drive of a proper ruling.

“This determination brings to an finish investigations which haven’t any foundation in Jewish legislation or Jewish custom and led to a break up within the Jewish individuals,” mentioned Farber following the ruling.

“It places an finish to the campaign of the rabbinical courts to forged aspersions on the Jewishness of tons of of 1000’s of immigrants, by grounding in legislation that these investigations are exterior of their jurisdiction.”

Farber accused “clerks” within the Chief Rabbinate and the Rabbinical Courts Administration of “having taken it upon themselves to interact in extra-halachic exercise,” and mentioned Itim’s success in overturning within the Supreme Rabbinical Court docket dozens of rulings by regional rabbinical courts which revoked residents’ Jewish standing proved the necessity to finish the third-party investigations.

Itim legal professional Sara Weinberg mentioned the ruling was “an historic day in restoring the fundamental proper to privateness of Israeli residents in entrance of the rabbinical courts.”

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Supply by [earlynews24.com]