See: High Court of Justice 4178/04 Anonymous v. Rabbinical Court of Appeals 62 (1) 235 (2006) - the words of President Beinisch.
- Case law has clarified more than once that section 8(2) of the Property Relations Law must be used sparingly and in special circumstances that justify it, in order to realize a just distribution of resources between the spouses.
See: High Court of Justice 4178/04 Anonymous v. Rabbinical Court of Appeals, IsrSC 62(1) 23 (2006)
In Tax Appeal 1983/23 Anonymous v. Anonymous [Nevo] (August 10, 2023).
In Tax Appeal 1270/23 Anonymous v. Anonymous [Nevo] (September 6, 2023).
Tax Appeal (Haifa) 614/07 Anonymous v. Anonymous [Nevo] (April 16, 2008). [Published in the online databases].
- Therefore, section 8(2) is intended for "cases that do not fit the dimensions of that garment that was sewn uniformly by virtue of the essence of the law" - High Court of Justice 4178/04.
- In the case of the High Court of Justice 2533/11 Anonymous v. The Great Rabbinical Court of Appeals [published online databases [Nevo]] (October 26, 2011), the Honorable Justice Y. Amit (as he was then called) noted that the main purpose of section 8 of the Property Relations Law is to enable the court to eliminate substantial economic gaps that arise between the spouses after their separation, and as he said -
"In my opinion, the purpose of section 8(2) is to enable the court to reduce economic gaps between spouses, taking into account all of the couple's personal circumstances, including age, health status, and "future assets" or "career assets" (i.e., assets related to the couple's human capital, such as academic degrees, license, professional experience, earning capacity, reputation, etc.). In other words, the unequal division of assets by virtue of section 8(2) of the Law is therefore intended to prevent an unequal and unjust result and to allow substantial equality of opportunity for the "weak" spouse. This is part of the toolbox available to the court for reducing the gap in earning capacity between the spouses (Shahar Lifshitz, "Family and Financial Relations: Challenges and Tasks in the Wake of Amendment No. 4 to the Property Relations Law", Laws 1, 227, 296-304 (2009))).