Q&A: Changing the Law of Child Support by the Father
Changing the Law of Child Support by the Father
Question
Following the Supreme Court ruling that in a certain case also imposed child support on the father, an article was published about a ruling by the religious court in Beersheba stating that according to Jewish law, responsibility for a son's support falls on the father and not on the mother (though it emphasizes that, on the other hand, according to Jewish law more consideration is given to the father's financial ability than to the fixed formula of the civil court—which has now gone in the opposite direction by dividing it)…
My question is whether the Rabbi agrees that this is indeed the position of Jewish law.
If so, is this connected to a Torah-level conception or is it a rabbinic law?
Does the change in circumstances in our time (women also work and earn a living) not require changing the law in this case? Is this an area that also requires a formal court of authority to change it?
Answer
This is a rabbinic law, and there is certainly room to interpret it in light of the circumstances. I think the religious courts also do this from time to time.
In principle, changing it requires a formal court of authority, but the halakhic decisors in every generation ignore the requirement for such a court when the situation demands it (see the last chapter of The Changing of Natures by Neria Gutel. I intend to devote a column to this soon).