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Introduction
Mavoi Satum has been involved with legal representation of mesoravot get and agunot since its inception. This representation is implemented in all the legal proceedings, both in the rabbinical courts as well as in various civil courts. The decision to represent mesoravot get not only in the rabbinical courts but also in the civil courts was not self evident.
Theoretically a non-profit organization that focuses on the problem of sarvanut haget, women who have been refused a get, is only supposed to represent women in the rabbinical courts; in other words only represent them on issues directly relating to the get. This is what other organizations do. Mavoi Satum, however, chose a new direction: improving the legal status of the mesoravot haget vs. the recalcitrant husband and applying different kinds of legal pressure on the husband to expedite the get and to prevent extortion in exchange for the get - and thereby strengthen the woman in her struggle for the get.
For example, representing mesoravot get in the Bailiff’s Office enables issuing warrants to arrest the husband for not paying child support and also implements these arrests with the help of a private investigator. Understandably, implementing the arrest warrants places serious pressure on the husband, and considerably increases his readiness to complete the processes and give the get. In addition, appropriate legal representation and legal achievements in the various courts of law strengthen the spirit and self image of the mesoravot haget, who often experience scathing defeats and humiliation in the rabbinic courts. The achievements and the victories in the courts balance the sides and strengthen the mesorevet haget by enabling her to persevere in the struggle for the get without surrendering to extortion by the husband.
Theoretically, in the division between private (individual) and public in Mavoi Satum’s activities, legal representation of women belongs to the private realm and is about the representation of individual cases. However, in this area the “private” is in effect public: For every woman whose case we solve, for every woman who has escaped extortion by her husband, where we convince the husband that it does not pay to be an extortionist, where we demonstrate to the woman, to her friends and to those who hear about the case, that there is another way; where we prove to the beit din (rabbinical court) that the correct way is not to force the woman to pay but rather to convince the husband to give the get without compensation – we are influencing the public, including judges and dayanim, we are reducing extortion (that today is practically a given) and diminishing women’s acquiescence in paying for the get.
Every case of extortion generates more extortion and causes women to pay for their get because “this is the way it works and we have no choice”. The consequence is: dayanim pressure women to concede to paying for the get, the antithesis of the objective. By solving one woman’s case we can help many women and influence public opinion.
Over the years we have made great strides and even legal precedents in the legal representation of women, both in the rabbinical courts and in the civil courts. In the rabbinical courts we were awarded positive decisions and even get by coercion, in contrast to the stringent spirit that generally prevails in this establishment. We have also made great strides in the civil courts in monetary and property rights cases of those who approached the court, as well as in the realm of claims for damages against the recalcitrant husband.
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