Who Can Get Married in Israel? Marriage Restrictions and Alternatives

Who can get married in Israel? For Jews, marriage in Israel takes place through the Rabbinate according to Jewish law, As a result, Jewish law restricts some people from marrying certain partners. Hebrew calls them “psulei chitun”, people disqualified from marrying. Practically, this means they cannot marry the partner they chose through the Rabbinate. In this article I explain the main groups and how the Rabbinate checks. I also explain what options exist for those who cannot marry through it. General information, not legal advice.

Why this matters in Israel

Israel has no civil marriage. Under the Rabbinical Courts Jurisdiction (Marriage and Divorce) Law of 1953, marriage and divorce of Jews who are citizens or residents of Israel fall under the jurisdiction of the rabbinical courts. In turn, marriages follow Torah law. So when halacha forbids a marriage between two people, they cannot marry in Israel through the Rabbinate. This is true even if both are Jewish and want to.

The main groups

No single short list covers every case. Here are the most familiar groups:

• A kohen and the women forbidden to him: according to the Shulchan Aruch, Even HaEzer 6, a kohen may not marry a divorcee, a “zonah” in the halachic sense, or a “chalalah”. By rabbinic law, he also may not marry a woman who underwent chalitzah. Halacha also forbids a kohen to marry a convert. That is why the Chief Rabbinate’s registration procedure asks certain grooms to bring confirmation that they are not kohanim. This applies to a groom marrying a divorcee, a chalutzah, a chalalah or a convert. It also applies to a bride whose mother is Jewish and father is not, or who lived with a non-Jew. I wrote more about both cases: can a kohen marry a divorcee and can a kohen marry a convert.
• A mamzer: in halacha, a mamzer is someone born of a certain kind of forbidden relationship. One example is a relationship between a married woman and a man who is not her husband. Halacha restricts whom a mamzer may marry. This is an especially sensitive and complex subject that deserves its own article. So I wrote one: what being a mamzer means for marriage in Israel.

Restrictions linked to an existing or previous marriage

• A woman who is still married, or whose kiddushin is in doubt: according to halacha, a woman without a get remains married. So she cannot marry another man. When there is doubt whether someone else betrothed her, the procedure refers the matter to the rabbinical court for clarification.
• “Forbidden to the paramour”: a woman may become forbidden to her husband because of a relationship with another man. In that case, halacha also forbids her to that man. The court records such restrictions in the record it issues with the get.
• A widow who needs chalitzah: this applies when her husband died without children and he had a brother. According to halacha, she needs chalitzah before she can remarry. The procedure asks her to prove she does not need chalitzah. Alternatively, she can present a ruling that she underwent chalitzah and is free to marry.

Someone who is not Jewish according to halacha

Sometimes the issue is not a specific restriction. Instead, one partner is not Jewish according to halacha, or there is no proof of their Jewishness. The Rabbinate does not marry a Jew and a non-Jew. When both partners have no religion in their registration, they can choose the Covenant of Couplehood for Persons Without Religion. This option exists under the 2010 law. And when the Rabbinate wants to verify someone’s Jewishness, it refers them to a Jewishness inquiry at the rabbinical court.

How the Rabbinate checks

When a couple opens a marriage file, the marriage registrar checks the Jewishness of both partners and their personal status. The registrar also checks whether they may marry each other. In addition, under the Jewishness inquiry guidelines, the registrar checks the list of those barred from marriage. The Rabbinical Courts Administration keeps this list, and the applicant must not appear on it. When doubt arises, the registrar refers the case to the rabbinical court, which investigates and decides. Rulings on lineage sometimes use the wording “for the time being”. Under the guidelines, one may appeal, or ask for a rehearing when there is new evidence.

What can you do

Someone who cannot marry through the Rabbinate does not have to give up on a wedding. There are several paths:

• Civil marriage abroad: many couples marry abroad and register as married in Israel. See the civil marriage abroad page.
• A Jewish chuppah outside the Rabbinate: a full and meaningful Jewish ceremony. On its own, the state does not register it, so couples usually combine it with a civil marriage.
• The Covenant of Couplehood: only for a man and a woman who both have no religion in their registration.
• Turning to the court: sometimes there is a doubt rather than a definite restriction. In that case, an inquiry at the rabbinical court may remove the doubt. It is worth going with a lawyer or a rabbinical advocate.

A broader overview is on the legal situation of marriage in Israel page. If one partner is not an Israeli citizen, read marrying a foreign partner in Israel.

How the rabbi helps

I officiate weddings for a kohen and a divorcee, and for a kohen and a convert. In any other case, we will look together, in a personal conversation, at what is possible. The chuppah I lead is not recognized by the Rabbinate or the state, so it is usually paired with a civil marriage. I lead the ceremony in Hebrew or English, and your vows can be in any language. I travel to ceremonies anywhere in Israel. Send me a WhatsApp message and we will set up a call.

Frequently Asked Questions

Can a Jew and a non-Jew marry in Israel?

Not through the Rabbinate. Couples in this situation often marry civilly abroad and register the marriage in Israel.

What is the list of those barred from marriage?

The Rabbinical Courts Administration keeps this list, and the marriage registrar checks it before approving a marriage file.

Is a rabbinical court ruling on lineage final?

Not always. Under the guidelines, one may appeal to the Great Rabbinical Court. Alternatively, one may ask for a rehearing when there is new evidence.

Can people restricted from marrying marry abroad?

A civil marriage abroad does not depend on religious law. Couples can register it in Israel according to the procedures. Check your case with a lawyer.

Can they have a Jewish chuppah?

A chuppah outside the Rabbinate is possible. However, the state does not register it on its own, so couples usually combine it with a civil marriage.

In Summary

Restrictions on marriage mean that halacha limits whom certain people may marry. In Israel, that means they cannot marry their chosen partner through the Rabbinate. Still, it is not the end of the road. There is civil marriage abroad and a Jewish chuppah outside the Rabbinate, and sometimes a court inquiry resolves a doubt. General information, not legal advice. Would you like to talk about a chuppah that fits your situation? I would be glad to schedule an introductory call.