Should Israeli law permit civil marriage?

Should Israeli law permit civil marriage?
By SHLOMO BRODY
The answer is yes: It is the most likely to help this country become a more Jewish and a more democratic state.

Photo by: Reuters
Should Israeli law permit civil marriage? The answer is yes because, given all of the non-ideal options, it is the most likely to help this country become a more Jewish and a more democratic state. Allow me to explain.

Over the past few columns, we have discussed the halachic status of relationships established under unconventional circumstances. These include couples who cohabit but are not married (pilegesh) and those who married exclusively through government authorities (civil marriage). We concluded that according to normative Jewish law, neither arrangement is permissible. Some decisors believed that post facto, a couple that married under civil law created a sufficient legal bond that would require a writ of divorce should they split up. Yet the current consensus maintains that such arrangements do not create halachic marital bonds and therefore, when necessary, we waive the requirement for a divorce writ.

Since its founding, Israel has granted jurisdiction over marriage and divorce to the Chief Rabbinate. As such, civil marriages between Jews are not performed in this country, with the many questions regarding such nuptials originating in weddings performed abroad. In recent years, the courts have ordered the Interior Ministry to recognize marriages performed abroad. As such, the government will recognize, for example, the marriages of non-Orthodox immigrants from America or Israelis who go to Cyprus for the weekend.

The latter option is frequently chosen by couples who cannot marry under Jewish law, as is the case when one partner is a not halachically Jewish, or when a kohen desires to marry a divorcee. Alternatively, they simply live together outside any formal marital framework.

Yet civil marriage abroad is also chosen by many secular Israelis who have found the process of working with the rabbinate to be unprofessional and religiously demoralizing. While there are undoubtedly many employees of the rabbinate who serve with dignity and kindness, it has unfortunately received a reputation, fairly or otherwise, of a certain amount of professional callousness.

To alleviate this problem, the Tzohar rabbinic organization established a marriage project that helps provide a more user-friendly, religiously uplifting experience for secular couples. As I write, legislation is advancing in the Knesset to help ensure that all couples, no matter their place of residence, can register at a Tzoharfriendly municipal rabbinate. Yet because Tzohar works within the strictures of Orthodox Halacha, some couples (including many children of immigrants from the former Soviet Union) still may not marry within the state.

There are those who continue to maintain that even though this policy denies these citizens the right to marry, it remains appropriate to not allow the state to sanction non-halachic relationships. Yet former Sephardi chief rabbi Eliyahu Bakshi-Doron has marshalled several arguments against imposing halachic marriages upon the broader Israeli public, many of which have to do with contemporary trends of divorce and infidelity (Techumin 25). Once a couple is halachically married, any extramarital relationship is deemed adulterous, with offspring from that affair deemed mamzerim (illegitimate children with limited halachically permissible marital opportunities). This problem can become particularly acute since divorcing couples may seek other companionship before ensuring that a halachic get (divorce writ) has been drawn up by the rabbinate. Accordingly, it remains preferable, in the long run, for such couples to remain halachically unmarried.

BAKSHI-DORON denounces any attempt to solve this problem by finding ways to subtly invalidate weddings performed for secular couples (such as by not using kosher witnesses for the ceremony). He notes that according to many decisors (Hatam Sofer EH 100), any public wedding that is attended by many people becomes, perforce, accepted as legitimate. More fundamentally, he, along with Rabbi Moshe Sternbuch (Teshuvot Vehanhagot 641), finds such deception to be immoral and unfathomable.

Bakshi-Doron further questions the halachic standing of weddings when the couple has no interest in the ceremony and only desires to receive civil benefits. He notes that historically many decisors, such as chief rabbis Abraham Kook (Ezrat Kohen 41) and Benzion Uziel (EH 2:49), felt that marriages performed primarily for immigration purposes (such as receiving immigration rights) were not considered valid.

While other scholars demurred (Meshaneh Halachot 10:238), Bakshi-Doron believes everyone would agree in the case of a couple that is ideologically opposed to traditional Orthodox conceptions of marriage.

To my mind, allowing for civil marriage would remove much of the animosity created by religious coercion and instead facilitate more meaningful religious experiences for those who would continue to choose a rabbinic wedding. According to surveys, 80 percent of secular couples eligible to halachically marry would opt for a religious wedding, even if they had a civil alternative. The choice would become a meaningful decision of Jewish identity that would be further strengthened by a rabbinate forced to provide premaritial counseling and wedding ceremonies that are both halachic and meaningful.

It behooves us to forsake the empty symbolism created by state-mandated religious coercion and replace it with substantive Jewish identity.

The writer, online editor of Tradition and its blog, Text & Texture (text.rcarabbis.org), teaches at Yeshivat Hakotel.

JPostRabbi@yahoo.com
reprinted from JPost.com

Daughter of U.S. immigrants wages legal battle against mikveh ban

Plia Oryah, a Modi'in native, is among several parties to a December 29 petition asking Israel's Supreme Court to compel religious authorities to reverse official directives to municipal and regional ritual bath operators.

By Mordechai I. Twersky
A daughter of American immigrants is at the center of a legal battle over a woman's right to immerse herself in a mikveh, or Jewish ritual bath.

Plia Oryah, a 19-year-old Modi'in native, is among several parties to a December 29 petition asking Israel's Supreme Court to compel Ashkenazi Chief Rabbi Yona Metzger, Religious Services Minister Yaakov Margi, and the Office of the Chief Rabbinate to reverse official directives to municipal and regional ritual bath operators. The directives explicitly deny access to women who are single, divorced or widowed.

"These are public facilities," charges Oryah, who said she considers herself to be Orthodox. "It's their job to operate and maintain the facilities, not to decide who can use them."

The 17-page petition was filed in Jerusalem by attorneys for Oryah; a second woman named Amital Zaks; and two organizations, The Center for Women's Justice, and the Orthodox-feminist group Kolech. It asserts that the restrictions violate women's religious freedom and their right to privacy. They claim the prohibitions are tantamount to "religious coercion."

The petition cites a directive issued by Rabbi Metzger in 2008 declaring that "it is absolutely forbidden for an available woman to immerse herself for purification, and it is obligatory to prevent her and forbidden to assist her." Metzger included in his ruling a request for the broadest possible dissemination of the prohibition, along with his insistence that mikveh operators be "punctilious about mikveh attendants not allowing available [women] to immerse under any circumstances whatsoever."

"It makes me furious, and it makes my life miserable once a month," said Oryah, the daughter of New York City natives. For three years she has resorted to immersions on the banks of the sea, under the cover of darkness. She has even adopted disguises and spun various tales in an effort to elude inquiring "mikveh ladies," she said.

"I have been dressing up as a married woman," said Oryah, referring to the requisite head-covering, long skirt, and long shirt sleeves generally associated with Orthodox married women. "Why should this be? Any Jewish woman, no matter her status, should have the right to use a mikveh."

According to the state's interpretation of halakha, or Jewish law, only married women may immerse themselves in the ritual bath as an act of purification at the completion of their menstrual cycle. The rabbinic prohibitions against single women immersing themselves generally stem from a concern that some women may utilize their "ritually pure status" as a pretext for engaging in forbidden pre-marital relations. The more severe Torah prohibition for relations with a woman in the midst of her menstrual cycle warrants what is known in Hebrew as karet, or "divine punishment."

The petition argues for the right of single women to immerse themselves for a host of reasons - spanning the physical and spiritual realms - and maintains that they are under no obligation to delineate or justify their beliefs to religious authorities.

"The authorities are preventing women from observing the mitzvah of immersion according to their own beliefs - something that constitutes religious coercion and the violation of freedom of religion and conscience," the petition states.

"The resulting religious coercion is an unacceptable discrimination between single and married women," asserts the petition.

Oryah's parents, who are divorced, expressed divergent views on the matter.

"I am proud of my daughter for believing in something and for fighting for what she believes in," said Oryah's mother, Rina. "On the other hand, I believe that as Jews we have to follow the Torah and halakha. If the rabbis have decided something is not allowed, then this is what we must follow."

Oryah's father, Yaacov, said he supports his daughter's position.

"She believes in it, and I encourage her," he said. He said he considers himself to be Orthodox and insists that his point of contention is not with the halakha.

"This is a civil rights issue, he said. "The Rabbinate may wish to discourage single women from immersing themselves, but they do not have the right to forbid them from doing so." Oryah notes that her own approach to the ritual has evolved over time.

"Without any regard to a relationship I would still go to the mikveh every month," she said. "I feel a sense of renewal. It is an amazing, wonderful experience."

In her view, it is "not the rabbis' business" what women do prior to or after their visits to the mikveh.

"What will come next?" she asked. "Will Jews be barred from eating at restaurants that serve meat, out of rabbis' fears that people will soon after eat dairy?"

This story is by: Mordechai I. Twersky
reprinted from Haaretz.com

R. HaGaon Yaakov Moshe Toledano in support of pilegesh relationships.

B"H
Check out Yam haGodol by HaRav HaGaon Yaakov Moshe Toledano

Siman 75 approvingly talks about the pilegesh relationships as a possible solution to many contemporary halachik problems:
(Siman 75 is 15 pages long and starts on page Kuf Lamed Bet (132) [page 137 of the pdf document]):

http://pilegeshpersonals.com/Yam%20HaGodol.pdf

(I'd like to thank HebrewBooks.org for making this responsa available online: http://hebrewbooks.org/529 )

Anyone willing to take time to translate this well in English will have a great merit and will be amply rewarded with a year of free advertising here and a certificate for a full year of membership in pilegeshpersonals.com a total value of more than $200.

Restrictions on rabbis from conducting weddings removed

By JEREMY SHARON

Tzohar rabbis authorized as long as they supply proof of rabbinic ordination, know laws of marriage, currently serve as rabbi, teacher.


The religious-Zionist rabbinical group Tzohar, which provides rabbis free of charge to perform weddings, announced on Tuesday that it has succeeded in gaining approval from the Council of the Chief Rabbinate to conduct wedding ceremonies.

Executive Vice-President of Tzohar, Nachman Rosenberg, said that Sephardi Chief Rabbi Shlomo Amar in particular was critical to advancing the necessary changes for this reform.

“Tzohar praises this decision and especially the work of Rabbi Amar in succeeding to bring about this dramatic change, despite the opposition of some of the extremists on the Council of the Chief Rabbinate who oppose us,” Rosenberg told The Jerusalem Post on Tuesday.

“Rabbi Amar’s efforts will help many young people and allow them to marry in a Jewish wedding and not run away to get married in civil ceremony in Cyprus,” he added.


Tzohar established a project in 1996 to reach out to secular Israelis who had negative experiences with the Chief Rabbinate and provide them with the opportunity to have a rabbi more sympathetic to their level of religious observance marry them without charge or expectation of any other kind of remuneration.

According to Rosenberg, this led the rabbinate to enact a series of restrictions making it virtually impossible for a rabbi to marry a couple who registered for marriage in a particular city without the permission of the rabbinate of that specific city or a rabbi on the Chief Rabbinate’s payroll.

Opponents of Tzohar claim that the group is too lenient regarding the numerous Jewish laws surrounding marriage ceremonies, and so rabbis from the organization would invariably be refused a license to perform weddings.

On Sunday, the Council of the Chief Rabbinate decided to remove its restrictions and will now instruct local rabbinates and rabbis to permit Tzohar rabbis to perform wedding ceremonies as long as they supply proof of their rabbinic ordination, demonstrate knowledge of the laws of marriage, and currently serve as a rabbi or teacher.

Due to a number of exceptions and ongoing pressure, Tzohar has nevertheless managed to perform 3,000 weddings a year, approximately 20% of all secular weddings.

“There’s no reason why Zionist rabbis in Israel should have to fight so hard to help secular couples interested in a Jewish wedding to get married,” Rosenberg said.

“We hope that this victory will help thousands of secular Jews to get married according to Jewish law and allow many other rabbis to volunteer for Tzohar to further this goal.”

Pro-Polygamy Ad Paid For By Unmarried Orthodox Women

Pro-Polygamy Ad Paid For By Unmarried Orthodox Women
An unmarried Orthodox woman claims she and her friends paid for a pro-polygamy ad in an Israeli Orthodox Zionist publication because their biological clocks are ticking loudly.

According to Mostly Kosher, the Israeli Orthodox Zionist website Srugim published this admission from "Sarah," a single 39-year-old Orthodox Jew:

"I'm a 39 year old religious single woman that is worried that she will soon no longer be able to be a mother. Two years ago, I enquired about sperm donation, but all my rabbanim rejected the issue, and I also felt it was a terrible thing for a child no to have a father.
According to Sara (not the real name) she was advised of a halachic solution of wedding a married man. Sara, brought up the idea to her fellow single and divorced female friends who are in a similar situation, and they set up a support group with the encouragement of Rabbanim. They joined forced with the organization "The complete Jewish Home" that provides advice and solutions on the subject of polygamous marriages.

Sara continues and explains that there are 27 female members in her "support group" in Jerusalem, all of whom are religious, religious light or chozrim Be'teshuva

Savings Experiment - Make Your Own Tea

Pilegesh.com would like to thank our new sponsor: NumberOnePCRepair.com

Number One PC Repair Inc.

We repair computers for more than 15 years

We did orders for Dell, HP, Delta Airlines, Levis, etc.

We fix, install ALL COMPUTERS, NETWORKS, Internet, servers, and

all related to that. We provide assistance, installation, troubleshooting for

software, Windows and other operating systems.

REMOTE CONNECTIONS, ONSITE SERVICE and other are available.

Please call us: 646-481-4181 for more info.

Miracles - A Chanukah Film

Miracles A Chanukah Film

A morning sun rises in fiery splendor; a newborn baby enters the world. We witness miracles everyday and may sometimes take them for granted.

Amazing New Natural Clear Cream from Israel

Dr. Heimlich Natural Clear Cream Complex



Heals Eczema, Dermatitis, Rashes, Vaginal Itching, Seborrhea and Skin irritations.




For Adults, Children, Babies & Infants

Every parent with a child suffering from allergic dermatitis or adults suffering from seborrhea or other skin problems know the meager recommendations conventional medicine has for skin treatment.


Clear cream cleared my 8 month old daughter's eczema in 2 days.
-Raymond Wassef

Order now at

http://naturalclearcream.com


Most of the treatment recommendations are for various skin
creams containing steroids or, alternatively Cortisone, in one quantity or another.
However, there are situations where the body has been suffering to such a degree that the severity of the situation has forced the individual to use these creams, and the patients have become addicted to dangerous creams, using them over and over and, finally causing two major kinds of damage:

1) The danger of overuse of steroids or cortisone – dangerous implications of use of the cream in the present as well as dangerous implications for the future.
2) Adaptation to the cream – after a period of massive use, the body does not react to the cream as expected. The problems of dryness and the sores do not heal as they did when the individual first used the cream. The body reacts indifferently to the different creams at different levels because it has become adapted to the strongest creams.

Due to such problems, patients have reached the most dangerous levels, including infections, terrible itching and helplessness.

The special product – Clear Cream – is based on natural ingredients alone. It does not contain either steroids or cortisone. The ingredients from which it is made are all natural and its advantages are clear. One of such advantages is that natural creams do not cause the body “to adapt” to them and therefore, there is no danger of using the cream continuously.



ABOUT CLEAR CREAM
Dr. Yechezkel Heimlich is a naturopath who succeeded in creating a natural treatment cream for those suffering from different skin problems.
The cream is meant for those suffering from allergic dermatitis, seborrhea, various skin problems, as well as dryness of the skin. The cream has been approved by the Israeli Ministry of Health.

The advantages of the cream: Natural, containing no dangerous agents. Effective and rapid improvement and healing (results are evident after 24 hours). The body responds to the cream to the same degree on subsequent treatments as at the beginning.

"I was surprised; after one night there was an amazing improvement. I have never before found a natural cream whose results were so effective and so rapid."
- Jonathan Cohen

Ingredients:
Water, Mineral oil, Cetearyl alcohol, calendula ex., Glycerin, Beeswax, Aloe vera ex., Arnica ex., Peg-20-glyconyl steavate, Butyrospermum Parkii.


Recommend Use:
Apply thin layer and massage into the skin twice a day, until it results in healthy smooth and calm skin.


Warning:
Do not apply other ointment during treatment.
Suitable for all types of skin.
For external use only.
Recommended to store in a refrigerator.

Order now: http://naturalclearcream.com

My daughter's teacher recommended this after it cured her own daughter's eczema. I ignored the recommendation. Miracle cream? I've tried them all. They are all bogus.
Then, a couple months later, my daughter's classmate also used this cream and it cleared up her eczema right away. Her mom also told me I should really try it.
I thought--hmm... two recommendations, separate from each other. I'm not crazy about putting mineral oil on my daughter's skin, but against my better judgment I ordered this cream anyway.
After four days of using this cream, her eczema is nearly gone. Just slight scarring is left, from where she used to be bleeding before starting the cream. The skin is soft and smooth, with no itchiness. I'm flabbergasted. It clearly says the cream contains no steroids but I cannot imagine any non-steroidal cream that could have such a huge and immediate effect. I'm suspicious of it. But it sure does work!
The two other girls have not had their eczema return despite stopping use of the cream. I am hoping that my daughter's won't either. We'll see about that. But anyway, in the meantime, I have to say I think this cream is a great thing.
-E. Harriman "EH" (NJ)

http://naturalclearcream.com

Vote Shaloh and win an I-Pad

B"H
Dear Readers!
Have you ever felt a desire to make a difference in your community, but couldn't accomplish it due to lack of money?
How would you feel if you'd know that you could choose 4 deserving schools/yeshivas to receive $500,000 each?
You can do it now with the help of Kohl's Cares voting competition.
You can give away 20 votes up to 5 per school.
As a favor to me and to have an opportunity to win an I-Pad and possibly an I-Mac would you be so kind to give 5 of your votes to the school linked bellow:


PS. This school entered the contest late however it is quickly moving up (more than 20 spaces in last few days) and needs just about 400 more people to vote for it now to be in the top 20 and thus qualify for the half a million dollar prize.
Please spend a minute to make a positive difference in the lives of many families and increase the light of Torah in the Northeast.
To understand why this school truly deserves your votes watch the following short video: