Advancing legislation

The Rabbinical Courts in Israel have jurisdiction over the marriage and divorce of Jews. Like any other governmental authority, their jurisdiction is limited to the issues defined by law. Nevertheless, until 2006 they accepted cases in civil matters and adjudicated them as arbiters, ostensibly on the basis of the consent of both parties to the dispute, without the law giving them the authority to act in this manner. In 2006, the High Court of Justice ruled that this was indeed illegal, and since then the courts have been trying to influence legislation to give them the authority. In 2025, the efforts were stepped up, and the legislative process was a step away from passing the law. We were there to try to prevent it. A position paper with principled reservations about the law (hebrew) Protocol of a discussion in the Knesset Committee for the Advancement of Women in which we explained why the consent of the parties in the Rabbinical Courts cannot be relied upon (hebrew) A position paper delving into the fact that the law gives problematic authority to the courts to determine discriminatory policies (hebrew)

The problem of Aginut, whose source arises from Halachah, is also a civil problem requiring a state solution. In the document before you we outline a comprehensive state solution to the problem, using Halachic tools and maintaining a civil standard. To view the executive summary To view the full outline – updated document

 The position of Mavoi Satum in preparation for the debate on the impact of the legal reform on women is relevant especially in light of the agreements to expand their powers to act as arbitrators.

View the work processes document of the Agunot Department – the management of the rabbinic courts

In 1995, the ‘Law for the Enforcement of Judgments’ was enacted, also known as the ‘Sanctions Law’. This law allows the Rabbinical Court to impose restraining orders on those who refuse a divorce in cases where the ruling is not complied with.

Some of the sanctions that can be imposed on the refuser by virtue of the law are: an order forbidding leaving the country, foreclosure of a bank account, revocation of a driver’s license and even imprisonment.

In accordance with this bill, marriages and divorces of Jews in Israel, citizens of the state or its residents will remain under the unique jurisdiction of rabbinical courts. However, it is proposed to abolish the possibility of involving related matters in the divorce proceedings in the Rabbinical Court.

In this bill, it was proposed to repeal section 7 of the law altogether. Pursuant to this section, a person who does not register his marriage or divorce will be punished with two years of imprisonment. This provision may apply to any couple conducting a private marriage ceremony without registration.

Imprisonment for spouses who performed a private marriage ceremony constitutes a violation of fundamental rights to religious freedom and the privacy of the individual and is in conflict with the values of Israel as a Jewish and democratic state.

A bill that will allow an agunah or women who are refused a divorce to receive the services of the sperm bank in order to give birth to children who are not considered bastards by law.

The purpose of this bill is to prevent divorce refusal by the bride and groom signing a prenuptial agreement.

It was proposed that the prenuptial agreement include the prohibition of the termination of the marriage on ancillary matters, such as child custody, child support and education, financial matters and more. In addition, it was proposed that the agreement provide for a financial incentive paid by a refusing spouse to the spouse seeking to terminate the marriage until the actual termination of the marriage.

Actually, prenuptial agreements already exist in practice but many couples avoid signing them. Hence, it was proposed to make them the norm in law.

The purpose of this bill is to stipulate that the authority to discuss the dissolution of the marriage of spouses who have chosen to marry in a civil marriage outside Israel, despite their ability to marry in Israel, will be determined in the courts for family matters.

The purpose of the proposal is to allow the appointment of a woman to the position of Director of the Rabbinical Courts. This, in contrast to the current legal situation, wherein almost only men serve in the rabbinical courts.  It proposes to bring about the abolition of the unique requirement for eligibility for rabbinate, which in Israel is given to men only.