Jewish Divorce Law — Israeli Rabbinical Courts
The Agunah Problem in Israel —
What English-Speaking Women Need to Know
When a husband refuses to give a get, an Israeli Rabbinical Court has powerful but limited tools. Adv. Liron Elmaliach has extensive experience representing women in get-refusal cases, including cross-border situations involving the Anglo-Israeli community.
What Is an Agunah and Why Is It a Problem
Under Jewish law (halacha), a marriage is dissolved only when the husband willingly hands his wife a get — a bill of divorce. The wife cannot initiate this act; only the husband can give it. A woman whose husband refuses is called an agunah — literally, a "chained" woman. She is legally married and cannot remarry, even if the couple has been separated for years and a civil court has awarded her everything.
In Israel, the Rabbinical Court has exclusive jurisdiction over Jewish divorce. There is no civil divorce alternative for Jewish citizens. This means the get is not merely a religious formality — it is a legal requirement under Israeli law. A husband who withholds a get wields enormous power over his wife's life, and some use this as leverage to extract financial concessions or custody terms.
The international dimension makes the problem more acute for olim and English speakers. If the husband or wife holds citizenship in another country, if one of them moves abroad, or if the marriage was conducted in a foreign jurisdiction, the jurisdictional questions become highly complex. Which Beth Din has authority? Which court's orders are enforceable? These questions require specialised legal advice.
The Rabbinical Court does have tools — but they are limited by halachic constraints. The court can issue a psak din (ruling) obligating the husband to give a get, and can apply escalating sanctions. However, a get obtained by force may be halachically void — creating the paradox at the heart of the agunah problem.
Tools and Organisations — Legal and Community Resources
Israeli law provides a range of civil sanctions that the Rabbinical Court and Family Court can impose on a recalcitrant husband. These include: a travel ban preventing him from leaving Israel; suspension of his professional or business licences; freezing of bank accounts and assets; denial of state benefits; and in the most severe cases, imprisonment for contempt of court. These measures are applied progressively and their impact depends heavily on the husband's circumstances — a self-employed tradesman may feel a licence suspension acutely, while a salaried employee may not.
International Beth Din rulings can add pressure in cross-border cases. The Beth Din of America and the London Beth Din both have mechanisms for issuing halachic rulings against get-refusers that carry weight in those communities. A coordinated approach — Israeli legal proceedings running in parallel with international halachic pressure — is often more effective than either track alone.
Several organisations provide crucial support. Yad La'isha (Ohr Torah Stone) in Israel offers free legal representation and advocacy specifically for agunot. ICAR (International Coalition for Agunah Rights) maintains a halachic database and coordinates advocacy across countries. In the United States, ORA (Organisation for the Resolution of Agunot) organises public demonstrations and community pressure campaigns against recalcitrant husbands — a powerful tool in tight-knit communities.
Publicity itself can be a significant tool. Communities — whether in Jerusalem, New York, London, or Melbourne — are small and reputationally sensitive. Coordinated public pressure, when used carefully and legally, has led to get-refusers changing their position. An experienced attorney will help you assess when and how to deploy each tool, always keeping the final goal — a valid get — in view.
Frequently Asked Questions — The Agunah Problem in Israel
Answers to the most common questions from English-speaking women facing get refusal
You Do Not Have to Face This Alone
Urgent legal advice for agunot — initial consultation available
Adv. Liron Elmaliach — Jerusalem