WHAT IS THE LAW WITH RESPECT TO CONFIDENTIALITY AND CLERGY-PENITENT PRIVILEGE AS IT APPLIES TO COMMUNICATIONS WITH RABBIS?
When a communication is a privileged one, it means that under the secular rules of evidence the details of that communication may not be disclosed in a civil court proceeding. In some states, there is a clergy-penitent privilege that may include discussions with a rabbi. This privilege does not ensure complete confidentiality. Even if such a privilege would prevent a rabbi from disclosing the details of a communication in a civil court, rabbis may reveal to the beit din or to a husband what a wife has told them, for example, disclosures about practices involving mikveh attendance, sexual relations or extra-marital affairs. The fact that communications between a woman and her rabbi may not be confidential can operate to her detriment in beit din proceedings. As such, we generally recommend that when a woman meets with a rabbi to discuss her divorce, she be accompanied by a third party who may act as a witness to the conversation. Insofar as the presence of a third party will destroy any
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