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The Jewish Chronicle

Why this forced get is a scandal

July 24, 2008 23:00

ByMiriam Shaviv, Miriam Shaviv

2 min read

So the Sephardi Bet Din has issued a religious divorce to a woman who never appeared in its court. Justifying his decision, Dayan Amor wrote, according to the JC's translation, that she "dressed provocatively in public, worse than a common harlot" and "danced in nightclubs late into the night".

The bet din has explained to the JC that it used these allegations against the wife in order to force a divorce, thus preventing her from becoming an agunah. A noble motivation, if true; but one has to wonder why batei din all over the world do not regularly issue such a get to women entering divorce proceedings if the urgency is so great.It seems to me, rather, that this is a despicable ruling. The dayanim were prepared to force a divorce on a woman against her will; treated insinuations as fact; and showed complete contempt for modern women. The London Beth Din has questioned whether the case was even in the Sephardi jurisdiction.

But even if all this meant nothing to the rabbinical judges, at the very least an instinct of self-preservation should have prevailed. This is a politically sensitive time for our batei din. Every time the possibility of sharia law being introduced in the UK is raised (this month, by the Lord Chief Justice), the day gets closer when our right to run Jewish courts will be questioned. So far, politicians have distinguished between sharia courts and halachic ones because ours are perceived to be fair to women and compatible with modern values.

This ruling, which shows otherwise, is not only a gross injustice, but endangers the entire system for those of us who believe in it. The Sephardi Bet Din owes the entire community an explanation.