14.01.2012                      19.Tewet. 5772                        Schmot

Judentum:

Should Israeli law permit civil marriage?

The answer is yes: It is the most likely to help this country become a more Jewish and a more democratic state.

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….