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Saturday, November 15, 2014 

Haredi court issued social exclusion order against woman for filing lawsuit against neighbor

The case of a woman in Haredi society being ostracized is now being reviewed by a higher court:
The High Court of Justice issued a court order demanding that a private rabbinical court in the ultra-Orthodox city of Elad explain why they issued a writ of social exclusion, which is illegal, against a woman who filed a law suit in a civil court instead of a rabbinic one.

Many haredi rabbis, courts and authorities in Jewish law view the use of state courts, in Israel and in the Diaspora, as a violation of a principle of halacha prohibiting a Jew from handing over another Jew to non-Jewish legal and criminal justice systems.

The writ was issued by the Central Rabbinical Court of Justice of Elad for Property against the woman, referred to as H.K. to protect her identity, because she filed a complaint with a civil court against a neighbor who was illegally building a porch above her apartment.

Along with the three judges of the rabbinical court that issued the decree, the petition named Elad’s Sephardi Municipal Chief Rabbi Mordechai Malka as a primary defendant. [...]

In 2013, the attorney-general issued a directive allowing for the criminal prosecution of anyone involved in imposing such decrees.

On Wednesday, the High Court made an injunction against the defendants asking them to explain why the court should not declare that they had acted in contravention of the law in issuing and publicizing the social exclusion order. [...]

Because H.K. turned to the civil court to deal with the construction of the porch by her neighbor, an independent rabbinical court operating in Elad, just east of Petah Tikva, issued the social exclusion writ against her.

It informed the community that she should be treated as “someone who has lifted up their hand against the Law of Moses,” and transgressed the laws of “mesira,” delivering a Jew into secular or non-Jewish legal authorities.

Edicts were posted on notice boards around the city announcing the imposition of this social exclusion, and as a result of this decree, H.K. says she can barely leave the house for fear of being spat on and verbally abused.

She claims that at least one of her daughters was denied a place in high school because of the decree. She says that she can no longer go to synagogue because of the stigma and social ostracism it has caused.

According the Hiddush religious freedom lobbying organization that filed the High Court petition on behalf of H.K., she has to all intents and purposes been banished from communal life in the city and will not be able to continue living there. The petition states that she has suffered from severe psychological stress due to this social ostracism.

Uri Regev, the Reform rabbi and attorney that heads Hiddush, said that many people in the haredi community find themselves in a similar position as H.K., but do not take action since they fear even greater retribution from the rabbinical courts.

“It requires great personal courage to deal with this issue in a civil court, and therefore it is vital that the court recognize the importance of the relief requested by this appeal for the defense of others around the country who are exposed to the threat of a social exclusion order, who bow their heads in submission to this criminal extortion, citizens who suffer from the arbitrary, illegal, unilateral, extremist and brutal nature of such decrees,” said Regev.
This is disgusting, and I don't buy the denials of the faux-rabbinical judges involved. This actually proves a point how these Haredis don't consider non-Haredis in this country Jewish, even if they are, just because they don't wear black hats. Nobody who falls victim to such mentality should waste their time living in such communities.

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