Image by Getty Images

Israel’s Supreme Court has overturned a ruling by a court of rabbis that would have forced a mother to have her son circumcised under the terms her divorce.

Circumcision is not legally obligatory for Jews in Israel, but a rabbinical court presiding over the woman’s divorce case had ruled she must fulfill her husband’s wish to carry out the procedure in a religious rite known in Hebrew as a “brit milah”.

Last year, the court had ordered her to pay a 500-shekel ($150) daily fine until she complied. The mother then appealed to Israel’s highest court.

Forwarding the News

Thoughtful, balanced reporting from the Forward and around the web, bringing you updated news and analysis each day.

Terms(Required)

I agree to the Forward's Terms of Service and Privacy Policy

Email(Required)

Circumcision is one of Judaism’s most fundamental decrees, symbolizing the covenant between God and the Jewish people and nearly all Jews in Israel abide by it, performing the ritual when their babies are eight days old.

Rabbinical courts in Israel have jurisdiction over matters of marriage and divorce and operate under the Justice Ministry.

But the Supreme Court, which has overriding legal authority in the Jewish state, ruled that because the health of the child was at stake, the rabbinic judges had overstepped their mandate.

It also said that since the boy was more than a year old, the surgical procedure would be more medically complicated.

“The issue of circumcision should not be included in the divorce suit,” the court said in its ruling on Sunday, according to a transcript provided on Monday. It said the matter should be dealt with by a family court, a secular authority.

A message from our CEO & publisher Rachel Fishman Feddersen

I hope you appreciated this article. Before you go, I’d like to ask you to please support the Forward’s award-winning, nonprofit journalism during this critical time.

The coming year promises to be filled with more complex and historic developments. We are entering an era where independent, fact-based Jewish journalism will be more important than ever. We need to be ready for whatever 2025 will bring, and with your help, we can be.

We’ve set a goal to raise $260,000 by December 31. That’s an ambitious goal, but one that will give us the resources we need to invest in the high quality news, opinion, analysis and cultural coverage that isn’t available anywhere else.

If you feel inspired to make an impact, now is the time to give something back. Join us as a member at your most generous level.

—  Rachel Fishman Feddersen, Publisher and CEO

With your support, we’ll be ready for whatever 2025 brings.

$36 $500

$120 $180 Other amount