Take politics out of Israel's religious courts - opinion

Tragically, over the past 20 years, the Rabbinical Courts have become a place that people seek to avoid. Not a day goes by at ITIM when we don’t get a call from someone trying to steer clear of the Beit Din. Couples get married outside the rabbinate thinking (sometimes mistakenly) that they won’t need to divorce in a Rabbinical Court. Issues of igun (the inability of women to extract religious divorces from their recalcitrant husbands) continue to arise in the courts, despite the meritorious efforts of Chief Rabbi David Lau to resolve this issue. Others choose to avoid marriage altogether so that no one will begin checking their ancestors’ Jewishness.

Part of the reason that Rabbinical Courts have fallen out of favor is that some of the judges are not in step with modern sensibilities. While many are sympathetic to the plight of the aguna or understanding of the immigrant who needs to certify his Jewishness, others are skeptical or outright suspicious of all those who cross their threshold. When Maimonides speaks about the qualities of a Rabbinical Court judge, he notes that they must know languages, medicine, math, astronomy and other disciplines. This knowledge provided – in the past – Rabbinical Court judges with insight into their clientele. Today, this is woefully lacking.

AN INITIAL step towards improving the Rabbinical Courts – both their image and their personnel – is changing the committee that elects the judges. If the committee can represent a wider swath of the population, even as it appoints Orthodox judges, the Rabbinical Courts will become representatives of the people.

The election committee is made up of two ministers, two MKs, the two chief rabbis, two members of the Israeli Bar, two Rabbinical Court judges, and a female Rabbinical Court pleader. This committee has consistently appointed what might be labeled “conservative” justices and rejected judges who are identified as “academics.”

The new law will insist that half of the political members of the committee will be women. This would shift the balance of power away from the ultra-Orthodox parties. Some have argued that this is a trick to guarantee more Zionist members of the committee (and thus, to make it more sympathetic). Since the coalition agreed that Minister Matan Kahana (Yamina) and Minister Ze’ev Elkin (New Hope) will be on the committee, the political appointees will be unable to represent the ultra-Orthodox parties (which have no women) and instead, will allow for more liberal, modern, Zionist judges to be appointed.

While I believe strongly that the membership of the committee should include women, I believe that it is not just gender (or for that matter a knitted skullcap) that will change the character of the Rabbinical Courts. It is important to note that in all likelihood, even if the law passes, it doesn’t necessarily guarantee that the Rabbinical Courts will become a meritocracy.

The law is a step in a longer process of making Rabbinical Court judges (and candidates for those positions) aware of the needs and realities of average Israelis. During the early years of the state, Rabbinical Court judges lived within mainstream religious communities and understood their rhythm. Today, most Rabbinical Court judges grow up in closed environments (and kollels) that provide them only with a limited knowledge of and familiarity with general society. Unfortunately, this is also the case regarding the “Zionist” candidates.

A new law that allows women to elect Rabbinical Court judges – as important as it is – will only go so far to change the character of the Rabbinical Courts. We need to change personnel, but we need to shift attitudes as well.