A belligerent petition submitted to the High Court includes a
demand that the Justice Minister, the Chief Rabbinate Council
and the Dayanim Appointment Committee appoint "dayanim who
are attorneys."
Filed by Atty. Diana Har-Even, the cantankerous petition
claims that a prospective dayan's ability to issue correct
halachic rulings is irrelevant. Rather the appointment
committee should evaluate whether the candidate "has a degree
in legal studies from a recognized academic institution and
did an internship or advanced training in the area of family
law."
The petitioner argues, "Rabbinical dayanim are not familiar
with the relevant civic legislation and court rulings and
frequently the result of religious judgment differs from the
result of civilian judgment [causing] serious discrimination
among civilians in need of court assistance as a result."
Rabbonim and dayanim were appalled by the petition, saying it
represents another attempt by legal figures to interfere in
the work of the rabbinical botei din and to undermine
their independence by raising faulty ideas intended to
further undermine the authority vested in the botei
din and dayanim.
Court officials said that even according to the Rabbinical
Courts Judgment Law botei din are required to consider
marriage and divorce based on din Torah. When
questions of jurisdiction arise periodically dayanim
conversant in civil law are consulted along with Atty. Shimon
Yaakobi, who serves as legal advisor for the botei
din.
Dayanim say the petition has its origins among law
academicians and was designed to pave the way for the
appointment of dayanim with Reform worldviews who are
associated with Reform women's organizations.
In the past national-religious and Reform women's
organizations attempted to bring a dayan with extremely
lenient views on conversion and coercive gittin into
the beis din system.
Dayanim are subordinate to the authority of gedolei
haposkim, said leading dayanim last week, and this
petition is an attempt to find dayanim who would not
subordinate themselves to gedolei Yisroel.
