A few days have passed since Channel 13 revealed the affair for which the chairman of the attorney's office, Avi Himi, announced his resignation from his position.
Is it sexual harassment, abuse of authority or simply infidelity, an extramarital affair?
These details, it is assumed, will become clear in the future.
In the meantime, there is an equally important issue, which is how the act committed by Attorney Hami will affect his marriage, or his divorce. Is virtual infidelity, through a computer screen, grounds for divorce
? Even in our married life. We know our partners through widgets or through social networks, and manage a significant part of our relationships through the computer and mobile phone. These changes, obviously, have also created a change in the way we (or others) cheat. We no longer have to go out from home to get to know each other and develop an affair. Everything can be done behind the computer screen. Now the question arises, what is the law of virtual infidelity?
Is a sexual conversation via zoom or video call legally considered cheating in the bedroom?
In Jewish law, adultery is defined as having sex with a partner who is not the legal partner.
According to the Halacha, infidelity is grounds for divorce, as the adult woman's status is worse than the man's.
If it is proven that the woman has cheated, it is prohibited for both her husband and her boela (her lover).
However, if the man cheated and stopped his actions, this ground does not stand against him.
Although Jewish law does not refer to the act of treason that occurred through a computer screen, i.e. virtual treason, cases from recent years brought before the Rabbinical Court forced it to deal with the issue.
The Rabbinical Court is required to issue (Photo: ShutterStock)
In 2006, for example, the Rabbinical Court ruled that a virtual intimate relationship with a foreign man is grounds for divorce.
In doing so, the court accepted the claim of the husband who claimed that he cannot live with a woman who maintains a relationship with another man.
Does the conduct of the chairman of the chamber who resigns constitute grounds for divorce due to infidelity? It is possible, but it is more likely that in his case it is an act of ugliness (even though in most cases in Jewish halacha an act of ugliness is attributed to a woman and not to a man). According to Jewish halacha an act of ugliness is an act that is inappropriate for a married person , these are actions that do not amount to treason such as a kiss, provocative behavior or a woman associating with men outside of her husband's presence.
A conversation with sexual content between a married man and another woman through the computer screen, and even performing a revealing and inappropriate act on the part of the man through the same screen, may and could fall within the scope of an act of ugliness.
If it is proven that a certain act is an act of ugliness, this means that the woman who committed the act (the halacha as mentioned refers to women in this sense) will lose her address and her alimony.
The end of the case of the retiring head of the Bar Association, Adv. Avi Himi, is far from over. This is the case regarding the relationship that existed between him and that lawyer, as well as regarding the consequences on the personal and marital level of Himi and his wife. Much is at stake, but if it is indeed an ugly act, it may to give his wife grounds for divorce and in the end, Hami may lose the amount of the ketubah that he signed on the eve of his marriage. The
writer is an expert in family law.
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