On July 28, 2021, the Knesset (Israel’s parliament), in a 59–54 vote, passed the Rabbinical Judges (Amendment No. 29) Law 5781- 2021 (amendment law), amending the Rabbinical Judges Law, 5714-1955, as amended.
The Rabbinical Judges Law regulates the procedures governing the eligibility, selection, and tenure of judges for rabbinical courts in Israel. Rabbinical courts, in accordance with the Rabbinical Courts Jurisdiction (Marriage and Divorce) Law, 5713-1953, as amended, have exclusive jurisdiction over matters of marriage and divorce of Jews who are citizens or residents of Israel. The Rabbinical Judges Law provides that a special committee composed of representatives of different bodies specified by the law are to select judges for rabbinical courts.
Before the adoption of the amendment law, the committee had 11 members: two cabinet ministers, two Knesset members (usually one from the governing coalition and one from the opposition), the two chief rabbis, two judges from the National Rabbinical Court, two representatives from the Bar Association, and a female rabbinical advocate (FRA) appointed by the minister of religious services. According to a Ynet commentary, when the Haredi (ultra-Orthodox) parties Shas and Torah Judaism were part of government coalitions, they usually secured two seats on the committee through one of the ministers and one of the Knesset members. Consequently, together with the chief rabbis and the rabbinical judges, they ensured a permanent majority of six ultra-Orthodox members against five religious and secular members, guaranteeing appointments of Haredi judges to the rabbinical courts.
The amendment law increased the number of committee members from 11 to 13 by adding the minister for religious services to the two cabinet ministers already allocated to the committee, as well as a second FRA. The amendment law further specifies that the minister of justice, or a substitute minister selected by the government and with the minister of justice’s consent to serve on the committee, will select one FRA, and the minister of religious services will select the second FRA.
The objective of the amendment law, according to the Ynet commentary, was to change the balance of power in the committee to
enable the appointment of as many Zionist rabbis and military veterans who are involved in the Israeli society as possible … [who] would pursue a halakhic [Jewish law] perspective that reduces the built-in advantage for men under religious law, strive for equality, and solve the plight of women denied divorce and agunot [women chained by inability to obtain a divorce under Jewish law].
Commenting on the passage of the new amendment, Minister for Religious Services Matan Kahana stated, “The type of kippa [skullcaps (also known by their Yiddish name, yarmulkes)] and the country of origin of [the committee members’] parents will no longer be a consideration [in selecting rabbinical judges].”