Beis Din Confiscated Cell Phone Of Get Refuser – And He Immediately Agreed To Give A Get

 

The sharp eyes of the Av Beis Din in the Jerusalem Rabbinical Court noted that a get refuser who appeared in his court was engrossed all the time in his cell phone. In a brilliant move, the Av Beis Din succeeded in persuading the man to grant a get on the same day – by confiscating his phone.

The complex divorce procedure was dragging out due to the husband’s steadfast refusal to grant his wife a get. The hearings were taking place behind closed doors to protect the identity of the couple, but the Av Beis Din, Rabbi Meir Freeman, noticed that the husband was recording the hearing. Rabbi Freeman told him that it is forbidden to record any hearings but the Beis Din saw that he was apparently violating the regulation and continuing to record the hearings. A quick check of the man’s phone revealed that he had indeed been recording the hearing.

Rabbi Freeman as well as the other dayanim Rabbi David Berdugo and Rabbi Yitzchak Rabinowitz told the man that he could receive a fine and also decided to confiscate his phone for seven days to see what else had been recorded.

In consultation with the legal department, the Beis Din concluded that based on clause 3 of the Religious Courts Law, the court could demand any document enabling the clarification of the legal issue and a cell phone could be considered an electronic document which can clarify issues and could therefore be confiscated.

However the moment the husband was ordered to give up his phone for seven days, he immediately agreed to give a get to his wife and receive his phone back. In this case the sanction of confiscating a phone proved more effective than other sanctions against get refusers.