Siruv
Encyclopedia
A shtar siruv is a form of contempt of court
order issued by a beth din
(rabbinical court) in an effort to compel action by an individual.
The siruv has been described as a form of cherem
(which combines characteristics of shunning
or excommunication
) for a party who refuses to appear before a beth din. Under the terms of a siruv, the individual is to be shunned by the community until the terms of the order issued by the beth din are addressed. While most Jewish litigants are adjured from pursuing justice against other Jews in the civil court system, in the case of a siruv, the beth din may permit use of the secular courts by the plaintiff.
In 1993, the Rabbinical Council of America
(RCA), one of the world's largest organizations of Orthodox
rabbi
s, issued a resolution regarding spouses who refuse to comply with a beth din in the issuance of a get
(the formal divorce document presented by a husband to his wife to terminate their marriage under Jewish law
). Synagogues of RCA members were encouraged to formulate procedures under which a spouse under a siruv regarding their failure to comply with issuance of a get would be excluded from membership, employment, elective and appointed positions in the synagogue; would be excluded from being called to the Torah or lead services. Synagogues would announce the non-compliant individual's name monthly after shabbat
services and would publish the person's name in its bulletin, including a call to others to "limit their social and economic relations to such persons."
Contempt of court
Contempt of court is a court order which, in the context of a court trial or hearing, declares a person or organization to have disobeyed or been disrespectful of the court's authority...
order issued by a beth din
Beth din
A beth din, bet din, beit din or beis din is a rabbinical court of Judaism. In ancient times, it was the building block of the legal system in the Biblical Land of Israel...
(rabbinical court) in an effort to compel action by an individual.
The siruv has been described as a form of cherem
Cherem
Cherem , is the highest ecclesiastical censure in the Jewish community. It is the total exclusion of a person from the Jewish community. It is a form of shunning, and is similar to excommunication in the Catholic Church...
(which combines characteristics of shunning
Shunning
Shunning can be the act of social rejection, or mental rejection. Social rejection is when a person or group deliberately avoids association with, and habitually keeps away from an individual or group. This can be a formal decision by a group, or a less formal group action which will spread to all...
or excommunication
Excommunication
Excommunication is a religious censure used to deprive, suspend or limit membership in a religious community. The word means putting [someone] out of communion. In some religions, excommunication includes spiritual condemnation of the member or group...
) for a party who refuses to appear before a beth din. Under the terms of a siruv, the individual is to be shunned by the community until the terms of the order issued by the beth din are addressed. While most Jewish litigants are adjured from pursuing justice against other Jews in the civil court system, in the case of a siruv, the beth din may permit use of the secular courts by the plaintiff.
In 1993, the Rabbinical Council of America
Rabbinical Council of America
The Rabbinical Council of America is one of the world's largest organizations of Orthodox rabbis; it is affiliated with The Union of Orthodox Jewish Congregations of America, more commonly known as the Orthodox Union, or OU...
(RCA), one of the world's largest organizations of Orthodox
Orthodox Judaism
Orthodox Judaism , is the approach to Judaism which adheres to the traditional interpretation and application of the laws and ethics of the Torah as legislated in the Talmudic texts by the Sanhedrin and subsequently developed and applied by the later authorities known as the Gaonim, Rishonim, and...
rabbi
Rabbi
In Judaism, a rabbi is a teacher of Torah. This title derives from the Hebrew word רבי , meaning "My Master" , which is the way a student would address a master of Torah...
s, issued a resolution regarding spouses who refuse to comply with a beth din in the issuance of a get
Get (divorce document)
A is a divorce document, which according to Jewish Law, must be presented by a husband to his wife to effect their divorce. The essential text of the is quite short: "You are hereby permitted to all men," i.e., the wife is no longer a married woman, and the laws of adultery no longer apply...
(the formal divorce document presented by a husband to his wife to terminate their marriage under Jewish law
Halakha
Halakha — also transliterated Halocho , or Halacha — is the collective body of Jewish law, including biblical law and later talmudic and rabbinic law, as well as customs and traditions.Judaism classically draws no distinction in its laws between religious and ostensibly non-religious life; Jewish...
). Synagogues of RCA members were encouraged to formulate procedures under which a spouse under a siruv regarding their failure to comply with issuance of a get would be excluded from membership, employment, elective and appointed positions in the synagogue; would be excluded from being called to the Torah or lead services. Synagogues would announce the non-compliant individual's name monthly after shabbat
Shabbat
Shabbat is the seventh day of the Jewish week and a day of rest in Judaism. Shabbat is observed from a few minutes before sunset on Friday evening until a few minutes after when one would expect to be able to see three stars in the sky on Saturday night. The exact times, therefore, differ from...
services and would publish the person's name in its bulletin, including a call to others to "limit their social and economic relations to such persons."