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The president of the Supreme Court canceled a fine imposed on a young woman who demanded to be recognized as a Jew
President Esther Hayut: A fine imposed by the Rabbinical Court on a young woman who sought to prove her Jewishness to him before her marriage was illegal and given without authority
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Esther Hayut
The rabbinic court
Adv. Avraham Iluk, in collaboration with Zap Mishpati
Thursday, 15 July 2021, 12:53 Updated: 13:01
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Supreme Court President Justice Esther Hayut (Photo: Reuven Castro)
A young woman who immigrated to Israel several years ago from one of the CIS countries will never forget the difficult feeling that accompanied her when she asked the Rabbinical Court to recognize her as a Jew.
She was about to marry to choose her heart, but just before the ceremony, the chief rabbinate claimed to her that she was not Jewish.
Following this, the young woman immediately applied to the law firm Avraham Iluk, which specializes in family law, and he applied on her behalf to the rabbinical court in the northern region for recognition of her Judaism, so that she could get married.
Afterwards, the young woman appeared with her mother before a "Jewish investigator" on behalf of the rabbinate, and presented him with documents, including a birth certificate, which stated under the nationality clause that she was Jewish.
"Your certificate is fake," the Judaism investigator claimed to the shocked young woman, who from then on became more and more entangled with the rabbinical establishment.
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Severe allegations of forgery of the birth certificate
The young woman was referred by the rabbinate to the Shorashim Institute, which deals with the clarity and proof of Judaism in the proceedings before the court.
At the same time, the court ordered a clarification of the veracity of the birth certificate she presented, through the liaison bureau that works with the state that issued her the birth certificate.
The investigation revealed unsatisfactory findings: "The serial number on the certificate issued does not belong to the young woman but to another person," the liaison bureau said.
This conclusion led the rabbinical court to take harsh measures against the young woman: issuing an order to delay her marriage, and imposing a fine of NIS 10,000 on the young woman.
The judges justified the heavy fine for "attempting to mislead the court by presenting a forged birth certificate, and an unnecessary waste of valuable judicial time."
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"The rabbinate imposed the fine without authority"
Young, who insisted that her actions did not fall immaculate, found it difficult to accept the ruling and appealed the decision by the undersigned, Rabbinical Court in Jerusalem. Appeal is sought to cancel an order delaying marriage and fine.
However, Great Court dismissed the appeal on threshold and ordered to leave the amount imposed on the young (it is called "fine" or "court costs"). the court held that the fine must be the "presenting a fake ID to a judicial authority in order to obtain approval of Judaism fraud."
after the rejection of the appeal, not lost The young woman, trusting the law enforcement authorities, decided to make another attempt, and appealed the decision to the Supreme Court through the HM. On appeal, the young woman claimed that the imposition of the fine was given in a matter of authority, since the Rabbinical Court did not meet the conditions set for imposing the fine in the Compulsory Compliance Law, did not state that the fine was imposed, and did not notify the Supreme Court.
President Hayut confirmed the young woman's claims and ruled that the fine should be abolished.
Hayut ruled that the amount imposed on her was in fact legal expenses, and that the decision to fine her was made without authority.
The tribunal did not inform the young woman that the fine was given under the Compulsory Compliance Act, nor did it give notice to live as required by law.
According to the Supreme Court President, the tribunal did not even exhaust the tools at its disposal before imposing the fine.
Hayut emphasized that despite the cancellation of the fine imposed on the young woman, the aforesaid does not express an opinion regarding the question of the court's authority to investigate the young woman's Judaism, an issue that still remains to be clarified.
* Adv. Avraham Iluk,
who specializes in family and inheritance law, represented the young woman in this procedure
Phone
: 053-4255789
Article
courtesy of Zap Mishpati
The information presented in the article does not constitute legal advice or a substitute for it and does not constitute a recommendation for taking proceedings or avoiding proceedings.
Anyone who relies on the information in the article does so at his own risk
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