{"id":28786,"date":"2018-03-10T12:15:27","date_gmt":"2018-03-10T10:15:27","guid":{"rendered":"https:\/\/toravoda.org.il\/?p=28786"},"modified":"2018-08-06T12:28:55","modified_gmt":"2018-08-06T09:28:55","slug":"68-israelis-support-civil-marriage-poll-finds-2-2-2-2-2-2-2-4-2-2-2-2-2-2-2-2","status":"publish","type":"post","link":"https:\/\/toravoda.org.il\/en\/68-israelis-support-civil-marriage-poll-finds-2-2-2-2-2-2-2-4-2-2-2-2-2-2-2-2\/","title":{"rendered":"‘Israel already has civil marriage under the radar\u2019"},"content":{"rendered":"

Published in YNET BY Tali Farkash|<\/span>Published:\u00a0 03.10.18 , 23:30<\/span> ,\u00a0Click here for the article<\/a><\/p>\n

There are 83,000 couples in Israel running a joint household, maintaining an intimate relationship and often raising children together without being joined together in holy matrimony.<\/p>\n

The voices calling for the\u00a0institutionalization of civil marriage\u00a0in Israel usually come from non-Orthodox organizations and from representatives of immigrants from the former Soviet Union, who have involuntarily found themselves in the heart of the Israel\u2019s \u201cpersonal status\u201d crisis. But now, a new force is joining the effort\u2014and it comes, surprisingly, from the heart of the religious sector.<\/p>\n

The Ne\u2019emanei Torah Va\u2019Avodah movement is launching a PR campaign in a bid to enlist the religious-Zionist public\u2019s support for the move. Based on a halachic opinion from Rabbanit Nechama Barash, the organization aims to encourage the Religious Zionism movement to reconsider what has been perceived as a real taboo until now.<\/p>\n

Rabbanit Nechama Barash. ‘We need to build a civil system similar to the situation in other places’<\/p>\n

The religious people behind the move are concerned that the legal option of \u201ccommon-law marriage,\u201d which is being used by 6 percent of Jewish couples in Israel, is in fact civil marriage below the state\u2019s radar. As this leads to halachic complexities, they would rather see the institutionalization of civil marriage in Israel as an official, recognized path.<\/p>\n

\u201cA normal state can\u2019t afford a situation in which 10 to 20 percent of its citizens are unable to marry,\u201d says Rabbi David Stav, head of the Tzohar rabbinical organization.<\/p>\n

\u201cA couple may be married in accordance with Jewish law, but it won\u2019t necessarily bother to get divorced in accordance with Jewish law, and that leads to multiple cases of mamzerut (when children are born from forbidden relationships). If there was no religious marriage ceremony, there would less of a problem,\u201d explains Rabbi Ilai Ofran.<\/p>\n

\u201cIn addition to my religious values, my arsenal of values includes democratic values as well,\u201d explains Rabbi Michael Avraham. \u201cA state should let every couple live the way they see fit. Despite being a religious person, I wouldn\u2019t want it any other way.\u201d<\/p>\n

\u201cI believe an alternative path should be established for people who aren\u2019t interested in getting married through the Rabbinate,\u201d says Rabbi Yuval Cherlow.<\/p>\n

Rabbi Avraham adds, \u201cI think that, as a religious public, we must join the protest over this violation of civil rights.\u201d<\/p>\n

\u2018Religious public is ignorant about civil marriage\u2019
\nTani Frank, head of the Religion and State Department at Ne\u2019emanei Torah Va\u2019Avodah, says ignorance in the religious sector regarding civil marriage stems a misunderstanding of the problem. \u201cWhen a young man wearing a skullcap arrives at the Religious Council, he won\u2019t be required to undergo a \u2018clarification of Judaism.\u2019\u201d<\/p>\n

In Israel, he says, there are many couples who are can\u2019t be married under Israeli law\u2014and that\u2019s in itself a good enough reason to try to come up with a fundamental solution to the problem.<\/p>\n

\u201cThere are several types of groups and several problems,\u201d he says. \u201cThere are those who are considered to have no religion, even though they actually feel Jewish and even practice different Jewish customs, but the state rejects them when they wish to convert.<\/p>\n

\u201cThere is a group of people who are Jewish according to the Halakha but whose Jewishness is questioned, including immigrants from the former Soviet Union or from Ethiopia. The other group is comprised of seculars who aren\u2019t interested in undergoing halachic religious practices, like bride training and ritual immersion, for a wedding. And finally, men and women who are refused a divorce, agunot (women chained to their marriage) and all other people who are halachically forbidden to marry.\u201d<\/p>\n

Rabbanit Nechama Barash picked up the halachic gauntlet. \u201cLet\u2019s start with the simpler cases,\u201d she says, \u201cof people who define themselves as Jews but aren\u2019t recognized as Jews by the Halakha. In other words, they have no Jewish mother according to the Orthodox criteria, and they basically have no way of getting married here.<\/p>\n

\u201cA democracy like Israel can\u2019t afford a situation in which hundreds of thousands of its citizens simply can\u2019t get married. All the marriages in Israel are under the religious envelope, regardless of religion.<\/p>\n

\u201cThe Spousal Covenant is only for couples in which both partners are officially defined as having no religious affiliation. It doesn\u2019t apply to people who are halachically forbidden to marry, like a person considered a \u2018mamzer\u2019 according to Jewish law, a divorced woman who wants to marry a Kohen, or someone with no religious affiliation who wants to marry a Jew. They have no way of getting married here.<\/p>\n

\u201cThe question is how to balance our status as a democracy with the desire to maintain traditional and Jewish values. It isn\u2019t easy, but it\u2019s impossible to impose a system which doesn\u2019t serve all citizens of an entire state. We need a situation in which people come to religious marriage, like in the United States and Europe, from a place of choice. We have to build a civil system that is similar to the situation in other places with an option of civil marriage and divorce.\u201d<\/p>\n

How can this be solved halachically?<\/p>\n

\u201cFrom a halachic perspective, if one of the parties isn\u2019t Jewish, there\u2019s no issue of marriage according to Jewish law. The question is what happens if both partners are Jewish according to the Halakha and are interested in a civil marriage. Are they considered married according to Jewish law and will have to seek a \u2018get\u2019 (religious divorce) in case of a separation? Like in the entire Halakha, there is a dispute here, but the dominant halachic voice of the \u2018poskim\u2019 (those who rule in accordance with religious law) tends not to see civil marriage as a marriage ceremony. In other words, this isn\u2019t a religious marriage, it has no halachic validity and there is therefore no need for a religious divorce.<\/p>\n

\u201cOn the other hand, there is a minority opinion that asserts that a couple living together and establishing a joint family unit from a financial and sociological aspect is considered married and has to get a religious divorce. I personally identify with the minority approach and believe marriage is more from the halachic aspect, but I understand that most people feel differently. So I would rather take their opinion into consideration, as it allows couples to get divorced without a \u2018get\u2019 and reduces the number of \u2018mamzerim.\u2019 At the end of the day, I also identify with the opinion that religious marriage applies only after a very detailed and specific religious ceremony.\u201d\u00a0Rabbi David Stav, head of the Tzohar rabbinical<\/p>\n

According to Rabbanit Barash, in order to let the minority speak too, rabbinical courts demand a religious divorce even from couples who were married in a civil marriage. \u201cBut if the man or the woman refuse, they will dissolve the marriage without the \u2018get,\u2019\u201d she says.<\/p>\n

\u201cWe suggested expanding the Spousal Covenant and letting every couple decide on a civil path. The thing is it won\u2019t be called \u2018marriage\u2019 then. On the other hand, it could be a solution granting full legal rights to all couples without the need for a religious divorce if the relationship ends.\u201d<\/p>\n

Barash stresses that the alternative civil path isn\u2019t aimed at weakening the rabbinical establishment or sabotaging the halachic way of marriage, but rather at \u201cgiving couples a real choice to make their relationship official in a religious or civil way, whatever they decide, after all the options and their complexities are presented to them in full.<\/p>\n

\u201cBut I would gladly push some of the courts aside,\u201d she adds. \u201cSome of them are doing a very good job, but they aren\u2019t making a sufficient effort to solve things in a systemic way, and it takes too much time as it is, causing a lot of anguish. I wouldn\u2019t want to cancel the rabbinical establishment, but I would like this to encourage them to rethink the issue. I think it\u2019s important for the entire population to have a choice, because from a moral perspective I want people to be able to marry rather than live together in a state of helplessness over starting a family. If there is a choice, the religious system will have to work to make itself more attractive.\u201d<\/p>\n

\u2018Reality is stronger than anything\u2019
\nSo how can one enlist the religious public to a battle that allegedly has nothing to do with it? According to Frank, this battle is actually more relevant than ever to people who care about Jewish identity.<\/p>\n

\u201cWe began dealing with the common-law issue after realizing that there are many people who, unlike us, believe the state\u2019s Jewish identity is reflected in the Rabbinate\u2019s monopoly over marriage and divorce, and that even when there are victims and there is a democratic and moral price, it is seen as a proportional violation of rights in the name of the importance of the state\u2019s religious identity.<\/p>\n

\u201cWe wanted to show that there are things happening that are very similar to the Shabbat situation. The public isn\u2019t waiting for politicians and rabbis to provide options. There is an existing legal institution, which is one of Rabbi Yaacov Medan\u2019s main motives to institutionalize civil marriage, and he talks about it in the Gavison-Medan Covenant. \u2018Common-law marriage\u2019 is a very problematic issue from a halachic perspective. There are religious couples, for example, who get married privately in a halachic marriage and no one knows who they are and what they are, and whether they even registered and where.<\/p>\n

\u201cIf there was any proper registration, we would know that these are couples who got married in a halachic marriage and have to undergo a religious divorce process. At the moment, chaos is much bigger.<\/p>\n

\u201cI would like to tell all the opponents that there already is civil marriage under the radar. We have figures about a significant number of people who have found the way. It\u2019s like saying, \u2018We won\u2019t allow public transportation on Shabbat,\u2019 and then local councils offer private transportation because reality is stronger than anything.\u201d<\/p>\n

At the end of the day, you are pinning your hopes on Bayit Yehudi MKs, who have been leaving the religion and state issues to the Haredi parties for a long time now.<\/p>\n

\u201cThat\u2019s an important question, and there\u2019s no clear answer,\u201d says Tani Frank. \u201c(Bayit Yehudi leader Naftali) Bennett, in my opinion, may be a product of this ignorance I\u2019m talking about. In the previous term, when the Haredim were in the opposition and Bayit Yehudi had the Ministry of Religious Services, we didn\u2019t see any improvement on this issue. But they did deal with issues on which there was less ignorance, like the conversion issue.<\/p>\n

\u201cI can tell you that when the Spousal Covenant issue made it to a Bayit Yehudi faction meeting, they brought Prof. Shahar Lifshitz and Rabbi Medan, and in the end Rabbi Haim Druckman pounded on the table and said, \u2018It won\u2019t happen.\u2019 Both politicians and rabbis follow the public. Every congregation rabbi knows he shouldn\u2019t say things that don\u2019t receive a nod from the audience. So we have to make heads nod, and then rabbis and politicians will follow along.\u201d<\/p>\n<\/div><\/section>\n","protected":false},"excerpt":{"rendered":"

In a surprise move, religious-Zionist rabbis and movements are joining the call for the institutionalization of civil marriage in Israel, in a bid to solve the halachic problem of common-law marriage. \u2018A normal state can\u2019t afford a situation in which 10 to 20 percent of its citizens are unable to get married,’ says Tzohar Rabbi David Stav.<\/p>\n","protected":false},"author":5,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[2659,2663],"tags":[],"class_list":["post-28786","post","type-post","status-publish","format-standard","hentry","category-we-in-the-media","category-religion-and-state"],"acf":[],"yoast_head":"\n'Israel already has civil marriage under the radar\u2019 - \u05ea\u05d5\u05e8\u05d4 \u05d5\u05e2\u05d1\u05d5\u05d3\u05d4<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/toravoda.org.il\/en\/68-israelis-support-civil-marriage-poll-finds-2-2-2-2-2-2-2-4-2-2-2-2-2-2-2-2\/\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"'Israel already has civil marriage under the radar\u2019 - 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