JERUSALEM (VINnews) — In a dramatic ruling reversing the 75-year support of the state of Israel for yeshiva students who immerse themselves in Torah study, The High Court of Justice declared unanimously on Tuesday that there is no longer any legal framework for the government to grant blanket exemptions from military service to charedi yeshiva students. Moreover it added that the government cannot continue to instruct the IDF and Defense Ministry not to draft such men into IDF service.
Join our WhatsApp groupSubscribe to our Daily Roundup Email
The nine-judge panel also ruled that the government can no longer provide financial support for yeshiva students studying in lieu of military service since the law providing for that arrangement has passed.
The court did not however go into the details of how to enforce the law as it stands according to its new ruling, or how many charedi yeshiva students need to be drafted. There are an estimated 67,000 Haredi males who are eligible for military service.
The ruling could have dramatic political and societal ramifications, since the charedi political parties fiercely oppose the draft for their constituents and are demanding legislation to reinstate draft exemptions, which some Likud MKs have already said they cannot vote for. A provisional law allowing for quotas of 3000 charedim per year to be drafted has passed its initial vote and is being discussed in Knesset committees before being presented for further readings.
The immediate effect of the court’s ruling on charedi males will be the slashing of all funding to yeshivos which defer army service, as well as kollelim whose members have not served in the army or received a complete exemption from service. Moreover, the Attorney-General has stated that several other budgets for charedim could be stopped as well, including municipal subsidies for poorer families and child care subsidies for families where the male is studying Torah.
These additional budget cuts could lead already impoverished families to severe financial difficulties, but they could be prevented if the Shas ministers in charge of the Interior Ministry and Labor and Social Affairs Ministry change the criteria for receiving subsidies to refer only to families where the wife works irrespective of the husband’s other activities [as long as he is not employed].
Charedi MKs reacted angrily to the court’s ruling. UTJ chairman and Housing Minister Yitzhak Goldknopf tweeted that the decision was “expected and very unfortunate,” since “The State of Israel was established in order to be a home for the Jewish people whose Torah is the bedrock of its existence. The Holy Torah will prevail.”
Moshe Gafni simply tweeted “as I said,” referring to an earlier post anticipating the ruling in which he alleged that “there has never been a ruling by the High Court in favor of yeshiva students and in the interest of the charedi public.”
“There is not a single judge there who understands the value of studying the Torah and [yeshiva students’] contribution to the people of Israel in all generations,” Gafni stated.
Jerusalem Affairs Minister Meir Porush stated that the ruling “inevitably leads to two states” — one being “the country that is being run as it is now” and another in which yeshiva students “will continue to study Torah as they used to in the country that Ben Gurion declared.”
“There is no power in the world that can force a person whose soul longs to study Torah to refrain from it,” he declared
In Israel, we vote for the government, but the High Court makes the laws. Government has to follow the High (on put) Court….
That is a democracy??
The current government, which includes Charedi parties, came into office promising to exempt all Charedim from the Army until July 1, 2023. They promised that that time, they would come up with a compromise to protect serious Bnai yeshivos while bringing other Charedim into the army. And then…July 1 of last year came and went. It turned out that the Charedi parties weren’t really interested in any law that didn’t give them a blanket exemption—something unacceptable even to Likud and the dati leumi. So the government has done nothing for almost a year after the Charedi exemption expired. The Supreme Court is hardly unfair to notice that the government has missed its own deadline and the original exemption has expired.
There is a War on w evil hamas. Hezbollah will attack our cities any day. Yemen Houthis have Iran warheads and Iraq “militias” attacked us yesterday. EVERY able-bodied man should fight.
And this is why there was a push for judicial reform. The AG and court are trying to bring down the government.
Politics aside, is anyone interested in what the Halacha says?
In a Milchemes Mitzvah – which many Israeli poskim indicated this war qualifies, everyone must serve – even Jews in Chutz Laaretz. In ancient times there were limited exceptions for Leviim, everyone else went to fight.
There are no blanket exceptions for learning in Yeshiva. This argument was only relevant when the army had sufficient manpower without the students. Unfortunately the situation we are in today is different from the past, and we need more warm bodies in the army. The situation in the North is getting more severe, the army has a deficit in both combat and supporting personnel. If we are to follow the Torah, the emotional and political opinions need to be cast aside for what the Halacha dictates: all eligible men should at least register and see if they qualify, the ones who don’t should sit and learn.
Fantastic ruling. Truly warranted and overdue.
NP for the Chareidim though. If their learning can save and protect the entire country, as they claim, then they can just learn more and surely Hashem will provide the replacement funds and reverse this court decision too. What are they complaining about?
Win-win all around. 🙂
Well… Blanket exemption only dates back until 1979. When Begin invited Agudah into his coalition, only 21% of Chareidi men were unemployed. Now the number is roughly 2/3. And Chareidim make up a much larger percentage of the population.
In any case, as Aryeh S. said, but I will put more stridently: Israeli Chareidim are in this mess because their parties thought they could rely on being critical to the coalition to the extent that they wouldn’t negotiate a fairer solution. Now that they’re getting a non-negotiated “solution”, they’re complaining!?
Great news for the Yeshivot!!!
Let’s face it: those that are serious about their learning, will continue learning. The “liedegers” will continue roaming the streets.
Most important, the Yeshivot will now have a great fundraising experience and at the same time, the government will continue funding the Yeshivot. As someone who worked in Finance Ministry in the past, I can assure you that the coalition members in the government know very well, how to rename the budget item and the money will flow…….(suggesting: “intergration research budget”, or any other ridiculous name), and that’s why, no one will leave the government.
the arrangement to support all yeshivah students hasn’t been in place for 75 years. it was originally only for scholars, not bench warmers.
So who’s the governing board in Isreal the courts or parliament
Many rabbis now say they accept the service – societal change due to the war means young men want to enlist. The problem is with the old sabra elites who run the IDF – they are turning away the bulk of volunteer haredim now.
Does military service mean that they are sent to the front lines, or can they include them in the backup support, digital information support etc.
has degel ever tried to reform the court they are at fault
So if the government cuts off all funding from every Yeshiva, must the boys still go to the army, regardless? Or is it winner takes all?
The main problem is: The wicked and vicious Israel Supreme Court is not trying to draft Yeshiva people because the Army needs them and it is only fair. They are doing so with the ONLY intention to destroy the notion that Torah is the Central Point of Judaism. That has to be fought against.
Reply to merry-go-round,
“Integration research” Ha, Ha!!
As a professional researcher, I am certain that “intergration research” of this nature, will take at least 10 years, and by that time, the progressive judicial system in Israel will be a relic of a bygone era. So L’echaim my dear friends.
this shows that the Torah is the enemy of the state as they are not drafting Arabs who are citizens also on welfare
About time – Now all are equal under the law!! No more prevailed people, blood is blood. B’H we came to this time.
This whole thing is naive at best. I hope you all realize that;
1) You have no way to enforce this law. The courts are only banning funding for draft dogers. Thats a hole that can easily be filled. The gedolim are already in the USA collecting $107M. Yes charedim will sweat but they won’t comply. Try arresting them? Good luck walking into ger and arresting darft dodgers.
2) Lets say in a make believe world you do draft them, once at the army they won’t cooperate. What do you do then? You beat them?
3) How will you train charedim who just are so unfit and out of touch with the whole idea? They never played ball in their life let alone pick up a gun and shoot?
4) Will you uprade the facilities to have a mikva and all charedi needs accomodated?
Its ludcrous form the getgo
This ruling is the impetus for the bnei Torah to redouble their hasmada and single-minded Limud HaTorah.