Border Disputes: Religious Adjudication Along the Private-Public Nexus

Ori Aronson is an associate professor of law and the deputy director of the Menomadin Center for Jewish and Democratic Law at the Bar-Ilan University Faculty of Law.

In 2017, Israel’s Supreme Court was asked to decide a peculiar question: could a state court tell a religious community to shun one of its members? The case involved a husband who refused to grant his wife a Jewish religious divorce, a gett. Under Orthodox Jewish law, without her husband’s consent the woman could not remarry or have children who would be recognized as legitimate. Israeli law, by giving exclusive jurisdiction over Jewish marriage and divorce to rabbinical courts, effectively entrenches this discriminatory rule. To mitigate its harshest consequences, state rabbinical courts have long been empowered to impose coercive civil sanctions, executed by the state’s enforcement apparatus: freezing assets, revoking drivers’ licenses, even jailing recalcitrant husbands. But these powers do not always work. In some ultra-Orthodox communities, social shame matters more than loss of liberty. So rabbinical judges began invoking traditional sanctions from medieval Jewish law—calling on neighbors to ostracize the stubborn husband until he relented.

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Holiness as a Political Category: Reimagining Society Through the Mosaic Tradition

Ronen Shoval is dean of the Argaman Institute of Advanced Studies and head of the Herzl Program in Philosophy and Culture. This post is based on chapter 3 of his book Holiness and Society: A Socio-Political Exploration of the Mosaic Tradition (Routledge 2024).

 On Capitol Hill, the seat of the U.S. Congress, 22 relief portrait plaques are installed above the gallery doors of the House Chamber. These plaques, collectively known as the Lawgivers, depict figures noted for their foundational contributions to the principles underlying the concept of law. Among these figures are Hammurabi, Justinian, and Solon, lawgivers whose ideas shaped legal thought across civilizations.

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The Constitutional Crisis in Israel: Religious Dimension

Many observers call Israel’s current constitutional crisis the biggest political challenge for the state since its establishment in 1948. Both parties—the coalition government and the opposition, as well as their supporters—are extremely polarized, with little room for compromise. While the major cause of the crisis (the reform of Israel’s Supreme Court) seems to be purely secular, a deeper look reveals a variety of religious aspects to the crisis.

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