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FROM: NAOMI
RAGEN - OCTOBER 24, 2005
Follow-up and Current Status
of Case
She hasn't seen her children for ten years. Once a case is opened in the
Rabbinical Courts by either spouse, the civil courts refuse to hear it. She
tried, they wouldn't.
Six years ago the Rabbinical Court ordered the husband to bring the children
to see her. He refused. The judges were threatened. They resigned. The
Court appointed new judges who said we want to think about this. That was
six years ago.
Two years ago, I hired a lawyer to take this case to Israel's Supreme Court.
We asked that it be turned over to the civil courts. The Supreme Court gave
the
Rabbinic Court a chance to deal with it, again and again. The order I sent
you is
how they dealt with it. In January, we go back to the Supreme Court to
review this
decision and hopefully overturn it.
Naomi
Begin forwarded message:
From: Naomi Ragen
<nragen@netvision.net.il
Date:
October 24, 2005 3:04:34 AM EDT
Subject: Women's Minyan
I'm happy to say that the court order has aroused the wrath of religious
women in Israel. I received a phone call from Chana Pasernak, head of
Kolech, the largest religious women's organization in Israel, who pledged
the full support of her organization in challenging this latest brutality of
the Rabbinic Court system against Rachel.
Friends,
I have more news about Rachel S. The Rabbinical Court of Jerusalem has
handed down its final decision in her case. Just a reminder, they were
ruling on the suggestion of the social worker that she be allowed to send
letters to her children. After ten years.
This is what the Rabbis decided:
Rabbi Yissacher Dov Heiger
Rabbi Benjamin Levi
Rabbi Mordechai Toledano
9/10/2005
The Court has heard the decision of the social worker Ruth E. and the
reaction of the father. We also have before us the previous suggestions of
the social worker and we also agree there is no doubt that every effort
should be made to reestablish the relationship between the mother and her
children -even if only partially. This is primarily for the good of the
children who are obligated to honor their mother, which the Torah equates
with honoring their father. This idea has been expressed by us previously.
It should be noted that previous decisions of the Higher Rabbinical Court
not only expressed this view, but also decided concrete steps to enforce it,
including sending both sides to educational advisors for therapy to
rehabilitate the mother-child connection.
But along with this, the Court doesn't see any way to enforce these
decisions against the wishes of the children themselves and their steadfast
refusal of any connection at all with their mother. This seems to be part
of a well-established and stubborn coalition between all the children, the
married ones and the younger ones.
[Capitals mine,n.r.]
THE MOTHER TOO IS RESPONSIBLE IN NO SMALL MEASURE FOR CREATING THIS ABNORMAL
AND PROBLEMATIC SITUATION WITH HER "ROUGH" [( I can't find a better
translation for this word, but they mean me and my play no doubt and these
e- mails, and making a public fuss over having her children stolen n.r.)]
AND UNFEELING BEHAVIOR TOWARDS HER CHILDREN, THEIR HONOR AND GOOD NAME, EVEN
TAKING INTO CONSIDERATION HER DESPAIR AND HELPLESSNESS.
[Right, she's a publicity hound...]
In any case, after much consideration and and long and considered weighing
of all factors, we don't find that interfering with this situation with
court orders and sanctions and penalties would be useful, and in fact it's
not even clear against whom these sanctions should be addressed. [!]
Therefore, we feel the Court has exhausted all its resources, and so we
recommend the case be closed.
This is the majority opinion.
The minority opinion:
Before us is a case that the court decisions were not enforced, because
enforcement was dependent on a number of factors: the father, the older
children, the close and extended family, and the community and their Rabbis.
After the Court realized that it couldn't solve this problem, and brought
forth the problem of the equal honoring of father and mother, we reached a
dead end, because of the lack of cooperation - to put it mildly- of both
sides, and the community, but mainly because the father continues to cloak
himself in Torah law and the instructions of his rabbis in hiding the
children from their mother.
Today, after such an extended period of separation between mother and child
with the support of the the extended family to prevent any connection
between mother and children, the Court is convinced that the only chance of
bringing the mother and children together would be through the auspices of
the father's Rabbis, who have it in their power to effect a reconciliation
within the family.. The only option left is to invite them to the Court to
clarify the situation, and to direct the woman her husband's Rabbis. We may
assume that if the mother will show her true readiness to take guidance and
instruction from these Rabbis, on how to bring the hearts of mother and
child together as one, this readiness of hers will create an opening for
light to come through from the end of the tunnel, to bring father close to
son, and the heart of children to their mother and their hearts together
will be brought to the one God, as Rashi [a medieval Biblical commentator]
]states in his commentary on the Biblical verse "seventy souls": all will be
joined into one when they serve the same God.
Therefore, if the woman will within thirty days agree to turn to the great
Sage, Rav Auerbach, Shlita, allowing him to deal with this situation, or
someone the Rabbi assigns to deal with it, the Court will continue to deal
with this case. If she refuses, the case will be closed, as agreed by the
majority."
============================================================
By the way, it was to the great Rav Auerbach whom Rachel turned ten years
ago, before she started this case in court in the first place. She asked him
a simple thing: "Before I agree to let you decide this case, please show me
you have the power to do something by bringing me my ten year old daughter
for five minutes, here , in your house."
The Rav was not able to do this. This is when Rachel went to court in the
first place.
I am outraged at this decision which reeks of the Taliban. We will have
another day in court as Israel's Supreme Court reviews with decision come
January. I would like the help and backing of every women's organization to
fight this evil and to make Israel, circa 2005, a country which truly honors
and respects its women, and not some version of Saudi Arabians in Rabbis
clothing.
If you want to help Rachel, please donate to her online at:
https://www.all4israel.org/index.cfm?fuseaction=Category
https://www.all4israel.org/index.cfm?fuseaction=Category&catId=72>&catId=72.
Please
put: Donation for Rachel S. of Meah Shearim" in the comments field. All for
Israel is a reliable fund that has been involved in helping victims of
terror, and refugees from Gaza. I thank its head, Zalman Indig, for being
kind enough to agree to help us. Donations are tax deductible.
Naomi
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