The Netanya Regional Rabbinical Court dismissed a ruling by the rabbinical court administration as "revolutionary and innovative" in paying child support for their minor children, for the first time requiring mothers to pay child support and stating that "both parents will bear the cost of raising the children equally according to their economic abilities." .
Rabbi Uriel Eliyahu, a judge in the court, called for a change in the law and said: "I believe that the religious and civil courts should pay attention to the data and facts and the legislature must make the necessary change in the law and lead to an evolutionary change in the judiciary."
The affair began with a routine lawsuit by a woman from Netanya, a mother of four minors, who filed for divorce in the rabbinical court and covered custody and alimony.
The husband's income reaches NIS 7,000 a month and the mother's income reaches NIS 8,000 net.
On the merits of the case, the tribunal decided on equal custody of the minors, one week in the custody of the father and one week in the custody of the mother.
As for alimony: "Each parent will bear the needs of the minors during their stay with him. The parties will also bear the equal share of education and health expenses."
In its ruling, which spans dozens of pages, Rabbi Uriel Eliyahu reviewed the legal and halakhic canvas, and proposed a revolutionary and innovative milestone of gender equality between fathers and mothers.
On the halakhic side, the dayan dealt with the Shulchan Aruch, which obliges the father to pay alimony.
At the same time, the dayan was hanged by a series of arbitrators who believe that the charge is only a state of charity, that is, a voluntary-voluntary charge that is not obligatory to impose.
In light of this conclusion, Rabbi Uriel Eliyahu concludes that alimony can be imposed on the mother as well as on the father.
Despite the traditional ruling in the courts that imposed alimony on the father and not on the mother, the dayan writes: "While in the past the woman - the mother was destitute, today women work no less than men and their income allows them to participate in the household economy."
In conclusion, the Dayan writes that "according to justice and the spirit of halakhah as well as the law and the spirit of the law today the father and mother should bear the burden of alimony in a cooperative, equal and proportionate manner to their abilities and income, due to the dramatic changes in family economics."
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