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Chief Rabbi David Lau establishes special rabbinical court to support agunot affected by war

Rabbi David Lau, Israel’s Ashkenazi Chief Rabbi, announced on Monday that he would be establishing a special rabbinical court to tackle the challenge of religious divorce during the Israel-Hamas war.

Jewish religious law, Halacha, has strict requirements for divorce some of which cannot be met during a war, this leaves many women who lost husbands in the war in a status called aguna (chained or anchored).

Because their husband has gone to battle and his whereabouts are currently unknown he cannot give the woman a divorce.

Under Halacha, a man is required to give his wife a get, a document which finalizes the divorce, without a get the woman is unable to get remarried and any children she might have with another man would become a mamzer (bastard). Men have no such restrictions.

 President Isaac Herzog and Chief Rabbi David Lau, Sunday October 1, 2023. (credit: KOBI GIDEON/GPO)
President Isaac Herzog and Chief Rabbi David Lau, Sunday October 1, 2023. (credit: KOBI GIDEON/GPO)

Special conditions for divorce

Under certain circumstances, a woman can receive a posek, a religious ruling, granting her a divorce. This ruling must be based on evidence the man is dead and there is no evidence he is alive.

Rabbinical courts are often reluctant to grant divorces without a get.

The Rabbinate announced that the establishment of the special court was due to many families bringing cases arising from the war that could not be easily tackled.

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The court will be composed of three judges Rabbi Lau, Rabbi Eliezer Igra, and Rabbi Zvi Ben-Yaakov.

The director of all Rabbinical courts, Rabbi Eli Ben-Dahan, announced that all cases relating to the war be referred directly to the special court.

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