Rabbi Uriel Eliyahu called for a revolution in the field of alimony payments, which in his view, are much higher today than they should be.
According to Rabbi Eliyahu, the courts should be a place of "light and sanctification of God's name. An individual entering a rabbinical court should leave with a twinkle in their eyes whether they won their case or not," he says.
Several months ago, Rabbi Eliyahu, a judge in the Netanya Rabbinical Court, announced that there should be a different method for imposing alimony payments on divorced fathers, and that such payments should be significantly reduced.
On the eve of a seminar held at Beit Midrash Torat Hamedinah to mark the 14th anniversary of the passing of Rabbi Eliezer Waldenberg, author of the Tzitz Eliezer halachic rulings series and Halachot Medina, rabbinic judge Rabbi Eliyahu said the courts should encompass a "beacon for compassion and understanding."
"We have no ability to judge almost anything," he began. "But we have one small plot and it is the laws of personal status that mainly concern the auxiliary stone. God has given us one very small plot, and it is our responsibility to preserve this plot and that this plot will be a light and a place of sanctification of God. A place where when a person enters the rabbinical court he leaves with light in his eyes whether he has lost or not. That he will see in front of him people who care about him. "People at whose feet justice is lit, people who know how to judge the truth for real and bring things to the ground of reality."
"God is testing us, he says, "and many within the courts system deserve plenty of praise, but one of the things we need to do better on is the aspect of alimony payments."
"An average of 285 men commit suicide as a result of divorce proceedings on a yearly basis," points out Eliyahu. "In a majority of cases, the underlying reason is who gets custody of the children, and the size of alimony payments."
"The question is, when should the rabbinical courts intervene? Should we be a symbol of compassion and understanding? Do we represent a body whose primary concern is the wellbeing of divorced couples' children's or are we trying to emulate other types of world views?"
"I've seen how it works and how much money fathers are forced to pay," says Eliyahu. "I'm ashamed of signing off on rulings like these. People making 5,000 shekels a month are forced to pay the same amount to their ex-wives, while their children spend half the time with them," he says. "What do they have to live on?" he asks. "What about the children? How do they get by while living with their fathers?" "One woman sued her ex for failing to comply with alimony duty and now that the former husband has found a job, he doesn't see a penny of what he's earning since it all goes directly to her account," recounted Eliyahu.
"I went and checked," he says. "Over the last two years, we carried out research that has never been seen before in the State of Israel. I visited the Central Bureau of Statistics and asked an innocent question: How much does it cost to raise a child in this country? How much does the average couple spend on a child? I'd already done my own research and realized that alimony costs were completely disproportional. I checked how much I, myself, a recognized religious judge along with my wife, who also makes a good amount, needed for the upkeep of one child and came to them with that question. They tried coming up with all kinds of answers, but in the end, it turned out they didn't know either."
"I asked them to look into it and let the head of the Great Rabbinic Court, Rabbi David Lau, and chairman of the Judges Committee know about it. For a year and a half, the Bureau carried out the necessary research and found answers to my question. There was a big legal battle on whether to publish the results. The Ministry of Justice was strongly opposed, but allowed me to do so in the end," he says.
"The results were dramatic," says Eliyahu. "The Bureau's made serious errors in its calculations, accidentally making it look like the amount a child requires to live on were considerably higher than they actually are. There were a number of valid reasons for the discrepancies. In reality, most people avoid spending that kind of money on their children. They included all kinds of luxuries in their total along with travel expenses as well as car insurance required by some children. At the end, the numbers turned out a lot lower than expected."
"It turns out one child requires around NIS 700-800," he points out. "In reality, people spend much less on their children than stipulated by both the rabbinic and Supreme courts."
Rabbi Eliyahu urges the courts to employ independent thinking in their rulings. "What I am arguing is that there must be psychological freedom before there is legal independence," he says. "We talked to senior rabbinic leaders including Rabbi Amar and Rabbi Eliyahu. They weren't aware of these numbers. Alimony amounts that rabbinic and state courts are quoting end up much higher than what they actually are."
Rabbi Yaakov Yakir, head of the Torat Hamedinah Beit Midrash Beit Orot and one of the organizers of the conference where the statements were made, said: "Rabbi Uriel Eliyahu revealed shocking information. It should be noted that in all the laws governing divorce between spouses,
"The blame lies with the Supreme Court, which for years has formulated a divorce-friendly policy, while violating property rights and, for the most part, imposing baseless economic obligations and immoral family and financial arrangements on men. The rabbinical courts have had their rights and independence trampled, allowing various injustices within their chambers," says Yakir.
"Today, as far as we understand, the rabbinic courts are weary of the Supreme Court which stands in the way of them ruling according to Torah Law as well as women's rights groups attacking their decisions," continues Yakir. "The path out requires independent value systems and ways of thinking; the basic necessities for fair rulings. This independence is key for dealing with the Supreme Court and pressure exerted by radical women's groups. Courageous rulings such as those of Rabbi Uriel Eliyahu represent a significant stepping stone in this process," he concludes.