Rabbi Ya'akov Yakir, of the “Torat Hamedina” (“Torah of the State”) program at the Beit Orot Yeshiva, published a study that found that under Supreme Court Chief Justice Aharon Barak, the state recognized adultery as a bond that was no less legitimate than marriage.
This means that if, for example, a married woman maintains an intimate relationship with a man married to another woman, the man may sue the woman for the alleged commitment she made to him in the context of their relationship, or vice versa, and the court will agree to discuss this.
"There are two families here," he explained. "We claim in the study that the family is built on a mutual commitment between man and woman, a loyalty that creates unity, and thus sustains the family. There is commitment here in two families that the obligation of the adultery agreement attacks."
In the 1960s, Rabbi Yakir explained, the Supreme Court refused to discuss such cases and relied on the Contracts Law for this purpose, holding that the agreement between the adulterers was immoral and illegal. However, as stated, Justice Barak changed this approach, arguing that marriage does not really obligate the couple to be loyal.
Rabbi Yakir said that the way to rectify the current corruption is not complicated and that section 30 of the Contracts Law should be changed in such a way as to determine that adultery is contrary to public welfare, is illegal and immoral, and must not be enforced. According to him, the "Torat Hamedina" program is in contact with a number of legislators to promote this initiative.
The author is father of two and chairman of The Familists.