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The Gift of Freedom

Through a combination of tenacity, sensitivity and legal expertise, the women advocates at Yad L'Isha: The Max Morrison Legal Aid Center and Hotline emancipated three women whose husbands were refusing them a divorce.

"Who is really in chains?" Yad L'isha volunteers protest outside of Ma'asiyahu Prison, which houses men who have opted to live behind bars rather than free their wives.

"By the time they reached our Center, all three women had already been involved in protracted legal battles for several years," explains Sarah Markowitz, a graduate of OTS's Monica Dennis Goldberg Women's Advocate Program and a rabbinical court advocate for Yad L'Isha. "What made these cases particularly challenging was the fact that all three husbands were already in prison on other charges." One of the men had been convicted of raping a teenage girl, another of molesting a child and the third of raping and beating his wife. All were serving lengthy sentences and therefore felt they had nothing to lose by refusing to grant a get. Meanwhile, says Markowitz, "their wives were stranded, anchored to these violent, abusive men, essentially trapped in a prison cell of their own, alongside their criminal husbands."

Precisely because of this problem, a law was passed two years ago allowing the court to impose stiff penalties on imprisoned men who refuse to grant their wives a divorce. Sanctions can include confiscation of personal belongings, canceling of visitation rights and even solitary confinement. Unfortunately, the lower courts are often reluctant to command such harsh measures; undeterred, Yad L'Isha petitioned the appellate court, and won. The husbands were ordered into isolation cells.

But this was not the end: "One of the husbands attempted to dictate an absurd condition for granting the get: unsupervised visitation rights with his children. Can you imagine?" exclaims Markowitz. "This, from a man who was serving time for molesting a small boy. Naturally, we made quite sure that the court rejected his demand; and yet, a woman who is at the end of her tether and desperate for freedom will often agree to almost anything."

In another of the cases, the husband demanded the communal property, which would have left his wife almost penniless. Amazingly, the local court had accepted this demand, but Yad L'isha filed an immediate appeal in the high court. "The case was heard by a panel of three judges, headed by Chief Rabbi Yisrael Meir Lau," recalls Susan Weiss, Director of the Legal Aid Center. "Sarah's arguments were successful, and the high court rejected the lower court's decision. The man was ordered to grant his wife the get without delay and without conditions."

"All three cases were closed only after we appealed to the high court," notes Markowitz. In fact, many divorce cases take so long to be resolved because they remain mired in the lower courts, which are unlikely to rule boldly. Most women do not have the financial resources, the strength or the legal knowledge to take their case higher. "This is an area in which Yad L'isha plays an especially important role," she explains.

Since joining Yad L'isha in 1988, Markowitz has successfully applied what she learned in the Monica Dennis Goldberg advocacy program to set dozens of women on the path to freedom. " We are advocating for women - and not against men," clarifies the mother of six, "but we are determined to bring every case to a swift and just conclusion. As such, we are dedicated to using every available means of compelling a recalcitrant husband, within the framework of Jewish law."

As it turns out, all three divorces were granted in the same court on the very same day - the first day of Chanukah. Concludes Susan Weiss, "Chanukah is traditionally celebrated by the giving of gifts. This year, Yad L'isha was able to provide these clients with greatest gift of all - the gift of freedom."

The first volume of HaDin VeHadayan ("The Law and its Decisor") was published in February, the result of a joint initiative of Yad L'Isha and the Ruth and Emanuel Rackman Center for the Advancement of the Status of Women at Bar-Ilan University. The long-awaited publication contains summaries and decisions of divorce cases, many of which have set legal precedent or represent a conceptual change in outlook by the courts. The majority these cases were actually executed by Yad L'isha advocates, who remain on the forefront of the quiet revolution taking place in the realm of religious divorce. The purpose of the series is twofold, according to Yad L'Isha Director Susan Weiss. By offering crucial, previously unavailable insights into the deliberations of the rabbinical courts, the booklets will serve as a valuable resource for lawyers and judges involved in family law. At the same time, the publication of legal decisions will help increase public awareness of the issues involved. "Publicizing the outcomes of significant cases will allow for transparency in the judicial process," says Weiss. "We believe that the public examination and critique that result will ultimately bring about greater trust in the judicial system.

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