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Feb 20, 2022
The marriage that was never a marriage
Crazy story.
Haredim10 is reporting on a situation that came before a beis din, due to a divorce and custody battle.
What started off as a standard divorce case, with Mrs filing for divorce in the Rabbanut of Netanya claiming that her husband had not been faithful - he had cheated on her. She was demanding a divorce along with custody of the children and payment of the ketuba.
While, assuming she can prove he cheated on her, this seems straightforward enough, Mr's attorney denied the authority of the beis din to preside over the case and rule on the situation, considering he is not Jewish. Even though they had gotten married having registered in the Rabbanut of Hadera with him registering as a Jew with documentation. he is now claiming he is not Jewish.
Mr is now claiming that he only found out recently, a few years ago, from his mother that he is not actually Jewish, and she gave him the documentation to prove it - the original birth certificate. Momma is Russian and had come over to Israel with forged documents and they all registered as Jewish, but they really were not. When she left Israel 3 years ago for the greener pastures of Canada she revealed the truth to him.
He, and his twin brother, and a third brother, had all married as Jews to Jewish women and have had children, and they were not actually Jewish. The kids are, as the mothers are, but the fathers/husbands are not.
Whoa. Shocking revelation! Shocking argument to present in beis din to avoid a custody battle!
If true, they were not even married, halachically, and no divorce is needed, though she still has monetary claims on him.
Beis din decided to investigate the matter and after finding it to be accurate they hired external investigators to investigate and confirm. At the end of the day, there was nothing they could do as it was discovered and confirmed to be true, so they had no authority to rule on her divorce case. The beis din directed them to the regular courts to resolve the matter.
Wild case.
And I will use it once again to show that deception and mistakes happen and can happen in every beis din, even in a centralized registry like that controlled by the Rabbanut. After the case in New Jersey of the Lebanese fellow who posed as a Jew, Israeli rabbonim pointed to that showing the importance of keeping the Rabbanut in its current format as the only way to combat such situations - the truth is it happens even with a centralized body like the Rabbanut.
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