The case of the day is Ben-Haim v. Edri (N.J. Super. Ct. App. Div. 2018). Sharon and Oshrat Ben-Haim, two Jewish Israelis, were married in Israel in 2008. Before and after the wedding, they lived in New Jersey. They had a daughter after the marriage, who was born in New Jersey. When the family traveled to Israel, the wife filed for divorce in the rabbinical court, which, under Israeli law, had jurisdiction because the spouses were Jews. The rabbinical court issued a writ of ne exeat, but it eventually allowed the husband to return to New Jersey. The daughter remained in Israel with the wife.

Case of the Day: Masri v. Masri

Ted Folkman

Posted on January 31, 2017

The case of the day is Masri v. Masri (N.Y. Sup. Ct. 2017). The parties were married, but separated, Orthodox Jews. The wife brought an action for divorce in the civil courts. Her husband refused to give her a get, a bill of divorce that would effect a divorce under Jewish law. Without a get the wife cannot remarry under religious law, and if she were to have children, they would be considered mamzerim, which would have bad consequences for their ability to marry under Jewish law. In short, the wife faced all kinds of religious problems on account of her husband’s refusal to give the get. This situation is the well-known problem of the agunah, or “chained woman,” which many Jewish groups have…

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Tagged: halacha, religious law, Sharia

Letters Blogatory

The Blog of International Judicial Assistance | By Ted Folkman of Pierce Bainbridge

Posts tagged “halacha”

Case of the Day: Ben-Haim v. Edri

Ted Folkman

Posted on February 22, 2018

Case of the Day: Masri v. Masri

Ted Folkman

Posted on January 31, 2017