Wednesday, August 11, 2004

Cherem

Does a Beth Din infringe on someone's rights to freely practice their religion when they excommunicate someone?
That is the question at the heart of a lawsuit currently being played out in Johannesburg, where a man has gone to the High Court to stop the local Beth Din from excommunicating him because he refused to pay the maintenance they ordered after his divorce.
His legal team has now told the Johannesburg High Court that this must be unconstitutional as it infringes on their client's right to religion and right to practise religion.
"It will destroy his dignity as a human being," Advocate Frank Snyckers said.
I'd be interested to know why exactly this man, who cannot be named to protect his children, refused to pay the maintenance. Because on the face of things, it's a little disturbing that a man who refuses to support his own children thinks that not davening with a minyan is what will destroy his dignity as a human being. The case continues...

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