Subscribe to Print Edition | Fri., December 01, 2006 Kislev 10, 5767 | | Israel Time: 05:22 (EST+6)
Haaretz israel news English
Search site 
  Back to Homepage
Print Edition
Diplomacy
Defense Opinion National Arts & Leisure Anglo File Sports Travel  
Magazine Week's End
Q&A
Business Underground Jewish World Real Estate Advertising  
Bookmark to del.icio.us
Justice Aharon Barak. (Archives)
Last update - 23:47 29/11/2006
Court: Intermarriages officiated abroad valid for inheritance rights
By Yuval Yoaz, Haaretz Correspondent

The Supreme Court ruled in a special session Wednesday that intermarriages officiated abroad are considered valid with regard to inheritance laws, though not are not necessarily subject to protection under other marriage laws.

Justices Aharon Barak, Asher Grunis, and Elyakim Rubinstein overruled a district court decision that had deemed intermarriages legitimate for all purposes.

"We aren't dealing with the issue of personal status or trying to codify a new set of religious edicts on marriage, we are dealing merely with the issue of inheritance," the judges wrote in their ruling.

Advertisement

The court's ruling was based on the question of whether marriages between Jewish Israelis and former residents of Israel officiated abroad could be considered valid unions.

The case in question dealt with a Jewish man born in Israel in 1928 who wed a Romanian immigrant who worked as a housekeeper in his home in 1996, four years after the death of his first wife. The couple married in a civil ceremony in Romania, and returned to Israel to live, where the man died before the woman could receive Israeli citizenship.

Since the man had not left a will upon his death, his sons from his first marriage receove his entire inheritance. His widow, however, maintained that because she had been married to the man at the time of his death, she was entitled to half of his assets.

The man's son argued that because the marriage had been officiated in a civil ceremony abroad, it was invalid according to both Jewish and Israeli law. Meanwhile, the widow argued that because Israeli courts recognize marriages considered valid in the country in which they officiated, these unions must be given the same consideration in Israel.

Attorney General Menachem Mazuz, who was invited to express his stance on the matter, told the court in a statement, "it is appropriate not to rule on the validity of mixed-marriages officiated abroad, an issue subject to serious public disagreement."

Barak wrote in his verdict that "the deceased spouse, according to inheritance statutes, was married in a formal ceremony, and there is indeed no need to define spouse as one who was married only in the religious court. Certainly, if a non-Jewish woman was married in a civil ceremony abroad to a Jewish Israeli, she is therefore his spouse in all regards including those relating to inheritance."

Barak added, "in civil ceremonies two people are brought together in a shared fate. They create what is in reality a shared life together. In the family unit, which is established after a civil ceremony, there is every expectation of support and defense in the legal system and in issues of inheritance."

Nonetheless, the justices reject the district court's ruling that mixed-marriages officiated abroad are valid in every legal regard and grant a new "family status" to those involved.

Justice Rubinstein ruled that "mixed-marriages are a painful issue, that pulls at the heartstrings and has a strong influence and significance on the Jewish people of today. Nonetheless, this should not infringe upon individual rights. Also, we can't ignore present-day reality in Israel where many are not eligible for a religious wedding."

Robenstein called on the Knesset to enact legislation on the issue of "spouses of Israelis who can't get married in Israel. It is up to the state to solve this issue, while still considering issues of the Jewish and Democratic nature of the state, and the slippery slope on which we find ourselves."

Bookmark to del.icio.us
World Aids Day
HMO offers free AIDS tests to residents of Tel Aviv to mark world AIDS day.
Merging the parts
After 10 gigs at the Met, Israeli conductor Asher Fisch can call 2006 a record year.
  1.   Why is Barak still writing anti-Jewish decisions? 02:55  |  Maya 30/11/06
  2.   maya 04:37  |  dubious 01/12/06
 Today Online
Rice praises Olmert's diplomatic plan during Jerusalem meeting
Responses: 251
ADL slams UN body for making Tutu head of Beit Hanun mission
Responses: 195
Ya'alon quits NZ after arrest warrant issued for war crimes
Responses: 181
Meron Benvenisti: Is Olmert's new plan just spin?
Responses: 58
Nazir Majali: The cease-fire seems to be serious this time
Responses: 52
Rosner's Domain
* Can Bush strengthen all these weak leaders?
* Baker-Hamilton: The inevitable disappointment
* Poll: The most worrying civil war
* Rosner's Guest: Can Jews and Latinos be friends?


More Headlines
01:50 High Court nixes Lebanon war probe petition
22:15 Rice meets PM, praises Olmert's diplomatic plan
02:21 Beinisch announces plan to cut Supreme Court caseload
01:33 IDF general implicated in war probe to face military hearing
05:01 IDF soldier gets two weeks in military prison for shooting Palestinian
23:15 IDF troops kill 16-year-old Palestinian near Nablus
02:41 Lawyers halt auction house sale of Nazi-looted paintings
01:48 New research reveals Vatican criticism of Holocaust-era pope
23:34 Iraqi PM: Troops to be ready to take over from U.S. by June
01:56 Songwriter and journalist Eli Mohar dies at the age of 58
Previous Editions
Special Offers
Advertisement
ZAKA
Saving those who can be saved, honouring those who cannot
Supporting Israel's Independence
Get Israel's Independence kit - A unique and unforgettable presentation pack
Bar Ilan University
One year MBA Taught entirely in English
JOIN FREE AT JDATE.COM
The most popular online Jewish dating community in the world! Explore the possibilities! Click Here!
Isrotel Chain
Eleven quality hotels in Israel's best locations
Learn Hebrew Online
Learn Hebrew from the best teachers in Israel live over the Internet
HAARETZ SMS
Register Now to receive your daily news by SMS
Home| Print Edition| Diplomacy| Opinion| Arts & Leisure| Sports| Jewish World| Underground| Site rules|
© Copyright  Haaretz. All rights reserved