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Rabbinical Courts Jurisdiction (Marriage and Divorce) Law, 5713-1953

חוק שיפוט בתי דין רבניים (נישואין וגירושין), תשי"ג-1953

Published: 1953-09-04Last amended 2025-11-18✓ Amendment status checked against the Knesset legislation record on 2026-09-28
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Unofficial English translation — for reference only. It may contain errors or omissions and cannot be relied on as a legal text. Only the Hebrew text published in Reshumot is legally binding.More

This English text was translated from the official Hebrew using a range of translation tools, and it undergoes ongoing checks and updates. It is not a certified translation.

Despite these checks, it may contain errors, omissions, or imprecise renderings of legal terminology and cross-references, and it may not yet reflect the latest amendments. It cannot be relied upon as a legal text.

The Hebrew text as published in Reshumot (ספר החוקים) and on the Knesset website is the sole authoritative and legally binding version. In any discrepancy, the Hebrew text prevails.

This translation is provided for informational purposes only and does not constitute legal advice. For use in legal proceedings, request a certified Expert Legal Opinion.

Jurisdiction in Matters of Marriage and Divorce§

1.

Matters of marriage and divorce of Jews in Israel who are citizens or residents of the State shall be under the exclusive jurisdiction of Rabbinical Courts.

Solemnisation of Marriage and Divorce§

2.

Marriage and divorce of Jews shall be solemnised in Israel in accordance with the law of the Torah.

Jurisdiction Ancillary to Divorce§

3.

Where a claim for divorce between Jews is filed with a Rabbinical Court, whether by the wife or by the husband, the Rabbinical Court shall have exclusive jurisdiction in any matter connected with the divorce claim, including maintenance for the wife, maintenance for the children of the couple and reimbursement of maintenance expenses for the children of the couple incurred by one parent to the other parent; in this Section, "maintenance for the children of the couple" means all matters relating to the economic needs of the children of the couple, including expenses for their accommodation, education and medical care, past and until they reach the age at which the parents are no longer obligated for their maintenance under any law, including established case law.

Jurisdiction in Maintenance Matters§

4.

Where a Jewish woman files with a Rabbinical Court a claim for maintenance, otherwise than ancillary to divorce, against her Jewish husband or against his estate, the defendant's plea that the Rabbinical Court has no jurisdiction in the matter shall not be heard.

International Jurisdiction in a Divorce Claim§

4a.
(a)Without prejudice to the jurisdiction under Section 1, a Rabbinical Court shall have exclusive jurisdiction in a divorce claim between Jewish spouses who were married in accordance with the law of the Torah, where one of the following connecting factors exists:
(1)the defendant's place of domicile is in Israel;
(2)both spouses are Israeli citizens;
(3)the plaintiff's place of domicile is in Israel, provided that the plaintiff has resided therein for at least one year immediately preceding the filing of the claim;
(4)the plaintiff's place of domicile is in Israel, provided that the last joint place of domicile of the spouses was in Israel;
(5)the plaintiff is an Israeli citizen and his or her place of domicile is in Israel;
(6)the plaintiff is an Israeli citizen and has resided in Israel for one year during the two years preceding the date of filing the claim.
(b)Where a claim is filed with a Rabbinical Court under subsection (a) —
(1)this shall not prevent a competent court in a foreign state from adjudicating a claim for civil divorce between the spouses;
(2)where a claim for civil divorce between the spouses has been filed with a competent court in a foreign state before a bill of divorce has been given, the Rabbinical Court shall not be competent to adjudicate and decide on the civil divorce.
(c)Where Jewish spouses who were married in accordance with the law of the Torah are divorced under the law of a foreign state, the Rabbinical Court shall be competent to adjudicate a claim for divorce under the law of the Torah or a claim for the removal of an impediment to marriage under the law of the Torah, even if the plaintiff alone is an Israeli citizen.
(d)A Rabbinical Court shall have exclusive jurisdiction in a divorce claim between Jewish spouses who were married in accordance with the law of the Torah if the plaintiff is an Israeli citizen present in Israel at the date of filing the claim, and at that date, at the last place of domicile of the spouses, it is not possible to perform a divorce under any law.
(e)Nothing in the provisions of this Section shall confer on the Rabbinical Court jurisdiction in matters connected with the divorce.
(f)For the purposes of this Section, "place of domicile", of a person — the place where the centre of his or her life is situated or his or her ordinary place of residence.

Procedure in a Matter where the Defendant is a Resident Abroad§

4b.

Where a claim is filed with a Rabbinical Court under section 4a against a defendant whose place of domicile is not in Israel, and the Rabbinical Court has determined that the conditions of jurisdiction under that section are satisfied, the following provisions shall apply:

(1)the Rabbinical Court shall be entitled to adjudicate the claim only after the statement of claim has been served on the defendant together with a summons and a certified copy of the decision regarding the Rabbinical Court's jurisdiction;
(2)where the Rabbinical Court adjudicates the claim in favour of the plaintiff in the absence of the defendant, the defendant may apply to the Rabbinical Court for a review of the claim within a period to be prescribed by Regulations;
(3)where the Rabbinical Court gives a judgment of divorce against the defendant and the defendant does not comply with the judgment, the Rabbinical Court shall have the powers vested in it under any law for the purpose of enforcing the judgment, provided that if the judgment was given in the absence of the defendant, no measures shall be taken under the Rabbinical Courts (Enforcement of Divorce Judgments) Law, 5755-1995 (in this Law — the Divorce Judgments Enforcement Law), unless the plaintiff has served on the defendant a certified copy of the judgment, notice that the defendant is entitled to apply for a review of the divorce claim and a warning of the taking of measures under the Divorce Judgments Enforcement Law, in the form prescribed by Regulations;
(4)service of a document outside Israel under this Section shall be effected together with a translation of the document into an official language at the defendant's place of domicile, certified by a notary.

International Jurisdiction in a Claim for a Get by a Jewish Woman Where It Is Not Possible to Perform It Outside Israel§

4b1.
(a)Without prejudice to the jurisdiction under Section 1 and section 4a, a Rabbinical Court shall have exclusive jurisdiction in a claim for a get under the law of the Torah filed by a Jewish woman against her Jewish husband, even if the connecting factors enumerated in section 4a(a) are not satisfied in respect of them, provided that the marriage was solemnised in accordance with the law of the Torah and the woman has not received a get from that marriage in a rabbinical court outside Israel, and one of the following is satisfied:
(1)at the defendant's place of domicile or at the plaintiff's place of domicile there is no rabbinical court before which a get may be performed under the law of the Torah outside Israel (in this Law — a rabbinical court outside Israel); for this purpose, where the woman has applied for the performance of a get before a rabbinical court outside Israel, the plea that there is no rabbinical court capable of performing a get under the law of the Torah shall not be heard unless the rabbinical court to which the application was submitted has determined that it is unable to perform a get under the law of the Torah;
(2)the woman applied for the performance of a get under the law of the Torah to a rabbinical court outside Israel and the man did not appear before the rabbinical court for four months from the day on which he was summoned by that rabbinical court as aforesaid;
(3)a rabbinical court outside Israel determined that the man shall give a get to his wife, however, despite reasonable efforts to enforce the rabbinical court's decision through the legal and religious means available in that state, the get was not given within six months from the day on which the rabbinical court so determined.
(b)A claim filed under paragraph (2) or (3) of subsection (a) shall be accompanied by the decision of the rabbinical court outside Israel regarding the existence of the circumstances by reason of which the need arose to file a claim for a get with the Rabbinical Court in Israel, unless in the circumstances of the matter there is difficulty in attaching such a decision.
(c)A Rabbinical Court shall not adjudicate a claim as referred to in subsection (a) unless the following conditions are satisfied:
(1)the statement of claim has been served on the defendant in Israel or the defendant is present in Israel at the date of filing the claim, provided that the statement of claim has been duly served on him;
(2)if the spouses were also married under the law applicable in a foreign state — the spouses are divorced under that law; however, if special circumstances exist that make it difficult to effect a divorce as aforesaid in a foreign state, it shall suffice that a claim for divorce has been filed with a competent court in a foreign state and the plaintiff has acted with due diligence to effect the divorce as aforesaid.
(d)Where a claim is filed with a Rabbinical Court under this Section, this shall not prevent a competent court in a foreign state from adjudicating a claim for civil divorce between the spouses.
(e)Where the Rabbinical Court finds that the conditions referred to in subsections (a) and (b) have not been satisfied — it shall strike out the claim forthwith.
(f)Nothing in the provisions of this Section shall confer on the Rabbinical Court jurisdiction in matters connected with the divorce.
(g)Without prejudice to the provisions of subsection (f), where a claim is filed under this Section, the Rabbinical Court shall not have jurisdiction, ancillary to that claim, in matters that have been determined in a judgment or decision of a competent court in a foreign state or in a valid agreement under the law of a foreign state, or in matters that are the subject of pending proceedings before a competent court of a foreign state.

Procedure in a Claim for a Get under Section 4b1§

4b2.
(a)Where a claim for a get under section 4b1 is filed with a Rabbinical Court and the defendant is present in Israel, the Rabbinical Court shall set a date for a hearing on the giving of the get as soon as possible and no later than one week from the date of filing the claim if the defendant was present in Israel at that date, or from the date of service of the claim on the defendant in Israel.
(b)The decision of the Rabbinical Court on a claim as referred to in subsection (a) shall be given as soon as possible and no later than 30 days from the date of the hearing referred to in that subsection; however, in exceptional circumstances and for reasons that shall be recorded, the Rabbinical Court may give its decision no later than 60 days from that date; the President of the Great Rabbinical Court may extend the period for giving the Rabbinical Court's decision by an additional 30 days if he or she is of the opinion that the circumstances of the matter justify doing so.
(c)
(1)A decision on the question of the Rabbinical Court's jurisdiction in a claim filed under subsection (a) shall be given with reasons;
(2)A decision as referred to in paragraph (1) is appealable before the Great Rabbinical Court within seven days from the date of its service, and a response to the appeal shall be filed within seven days from the date of its service on the respondent;
(3)The Great Rabbinical Court shall adjudicate the appeal as referred to in paragraph (2) before a single judge or a panel, as determined by the President of the Great Rabbinical Court or a judge whom he or she has authorised for that purpose; the hearing shall take place within 14 days from the date of its filing;
(4)The decision of the Great Rabbinical Court on the appeal as referred to in paragraph (2) shall be given within 14 days from the date of the hearing.
(d)Notwithstanding the provisions of section 4(a)(1) and (2) of the Divorce Judgments Enforcement Law, where a Rabbinical Court has determined in a judgment or decision (in this Section — judgment) that the parties shall be divorced and the defendant is present in Israel at the date of giving the judgment, a date shall be set for the arrangement of the get as soon as possible and no later than 14 days from the date of giving the judgment.
(e)Where a judgment of divorce has been given and the get has not been arranged at the date set under subsection (d) and the defendant is present in Israel, the provisions of the Divorce Judgments Enforcement Law shall apply to him or her, with the following modifications:
(1)in section 3, after subsection (b) the following shall be read:

"(c) Where a Rabbinical Court has ordered the coercive imprisonment of a defendant whose place of domicile is outside Israel, immediate written notice of the giving of the Order shall be given to the President of the Great Rabbinical Court, who shall be entitled to cancel the imprisonment or to prescribe any other provision as he or she sees fit.";

(2)in section 4 —
(a)in subsection (a)(1), instead of "45 days" read "14 days", and instead of "45 days" read "14 days";
(b)in subsection (a2), instead of "no later than 21 days" read "as soon as possible and no later than one week";
(c)in subsection (b), after "having regard inter alia" read "to the place of residence,";
(d)in subsection (c1) —
(1)in paragraph (1), instead of "90 days" read "30 days";
(2)in paragraph (2), instead of "45 days" read "14 days";
(3)in paragraph (3), instead of "within 15 days" read "as soon as possible and no later than one week";
(3)in section 4a —
(a)in subsection (b), instead of "21 days" read "one week" and instead of "60 days" read "30 days";
(b)in subsection (c)(1) and (2), everywhere, instead of "60 days" read "30 days".

Report to the Knesset — Temporary Provision§

4b3.
(a)The Administrator of the Rabbinical Courts shall report to the Constitution, Law and Justice Committee of the Knesset, in June of each year, on the implementation of the provisions of sections 4b1 and 4b2; the report shall include, inter alia, details regarding the following matters in the year preceding the date of the report:
(1)the number of claims filed under section 4b1 (in this Section — claims), and of these the number of claims in which the Rabbinical Court had jurisdiction to adjudicate and what was the ground for acquiring jurisdiction;
(2)details of the states of domicile of the parties to the claims;
(3)the number of claims that concluded with the giving of a get and the period of time from the date of filing the claim until the giving of the get;
(4)the number of claims in which restriction orders were imposed under the Divorce Judgments Enforcement Law and details of the restriction orders imposed;
(5)the number of claims in which the spouses were also married under the law of a foreign state, and of these the number of claims in which the spouses were divorced under that law at the date of filing the claim.
(b)The report referred to in subsection (a) shall be accompanied, to the extent possible and subject to the provisions of any law, by judgments given under the said Sections in the year preceding the date of the report, without indicating details that enable the identification of the parties.
(c)This Section shall remain in force until the 25th day of Sivan 5787 (30 June 2027).

Halachic Opinion on a Bill of Divorce or a Marriage Permit in a Foreign State§

4c.

Without prejudice to the provisions of Section 9, where an application is received by a Rabbinical Court for a halachic opinion on the arrangement of a bill of divorce between Jewish spouses who are married under the law of the Torah and who are not subject to the exclusive jurisdiction of the Rabbinical Court, or on a marriage permit, the President of the Great Rabbinical Court may appoint a panel of one or more judges for the purpose of giving the opinion.

Jurisdiction in Matters of Halizah§

5.

Where a woman claims halizah from her brother-in-law before a Rabbinical Court, the Rabbinical Court shall have exclusive jurisdiction in the matter of the claim, including maintenance for the woman until the day of the performance of the halizah.

Compulsion to Give or Receive a Get§

6.

Where a Rabbinical Court has ordered in a final judgment to compel a man to give his wife a bill of divorce or to compel a woman to receive a bill of divorce from her husband, a District Court may, after six months from the date of the Order, upon the application of the Attorney General, compel compliance with the Order by imprisonment.

Compulsion to Perform Halizah§

7.

Where a Rabbinical Court has ordered in a final judgment to compel a man to give halizah to his deceased brother's widow, a District Court may, after three months from the date of the Order, upon the application of the Attorney General, compel compliance with the Order by imprisonment.

Finality of a Judgment§

8.

For the purposes of Sections 6 and 7, a judgment shall be deemed final when it is no longer subject to appeal.

Jurisdiction by Consent§

9.

In matters of personal status of Jews as specified in section 51 of the Palestine Order in Council 1922-1947, or in the inheritance ordinance, in which a Rabbinical Court does not have exclusive jurisdiction under this Law, a Rabbinical Court shall have jurisdiction after all the parties concerned have expressed their consent thereto.

Validity of Judgments§

10.

A judgment given, after the establishment of the State and before the commencement of this Law, by a Rabbinical Court after a hearing in the presence of the parties, which would have been lawfully given had this Law been in force at the time, shall be deemed to have been lawfully given.

Implementation and Regulations§

11.

The Minister of Justice is charged with the implementation of this Law and may, with the consent of the President of the Great Rabbinical Court and with the approval of the Constitution, Law and Justice Committee of the Knesset, make Regulations for its implementation.

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LawAdministrative LawFamily Law

חוק שיפוט בתי דין רבניים (נישואין וגירושין), תשי"ג-1953

Rabbinical Courts Jurisdiction Law

Marriage and Divorce Law 1953

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