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How the ultra-Orthodox hope to avoid Israeli military service

Ultra-orthodox Jews block a road during a protest against the ultra-Orthodox draft bill, holding a signs that reads "We'll die and not enlist!!," outside the city of Bnei Brak, Feb. 9, 2022. (Photo: Flash90)

As of Monday, the government can no longer exempt the Haredim (ultra-Orthodox Jews), who were permitted to opt out to study at yeshivas (religious institutions), from serving in the Israeli military.

Essentially, this means that these young men will be obligated to serve in the Israel Defense Forces, just as every other Israeli over the age of 18. 

A law, which aims to be passed by the end of March 2024, will then direct the Defense Ministry to issue draft notices, but this gap in time between Monday and March 2024 is, “in direct opposition to the law,” according to attorney Hiddai Negev, head of MQG’s (The Movement for Quality Government in Israel) Policy and Legislation Department.

Negev goes on to say that “the state’s foot-dragging on the drafting of yeshiva students has brought us to the point that the arrangement for draft exemptions has now expired. We regret that the defense minister and the government are seeking a discriminatory and selective enforcement policy in direct opposition to the provisions of the Defense Service Law. We have informed them that they have no authority to continue the policy of not recruiting the ultra-Orthodox, and that it will be a criminal decision in contravention of the provisions of the law.” 

In 2014, a law was passed making it possible for the IDF not to recruit these Haredim, but that law was challenged in 2017, and Israel’s highest court then determined that the law was unconstitutional due to it being an unjustified discrimination. Consequently, the court gave the Knesset a year to change the law, but 15 delays later, it still hadn’t been done. Finally, a deadline was given on June 30, 2023. Now, MQG’s position is that the government, rather than the court, must enact a new law and since it has failed to do so, “the only legal option is to recruit yeshiva students.” 

But, as expected, there is a plan to get around all of this. The plan is to attempt to create legislation, sometime this winter, which would integrate Torah study into the Basic Law (our version of a constitution). If successful, it would hermetically prevent Haredim from being drafted into the military and keep them in their study halls, whether they want to be there or not.

“The bill will be brought for a Knesset vote in the winter session of the parliament, which begins in October. It would define Torah study as a core state value.”

All of this is in preparation for the likelihood of the court finally adjudicating a matter which has been conveniently put on hold for years.  

Now the problem is that, with the majority of governmental coalition seats (64 to be exact), they have an expectation for the government to pass this type of legislation, as part of the dramatic overhaul of the court system. It is one of the reasons that judicial reform is so urgent and crucial to these religious parties, who desperately want to prevent these young men from joining the military. 

In short, politics has spilled over to religion and vice versa. 

The prime minister had no choice but to throw out what was defined as the “override clause,” whereby a majority of Knesset members (now composed of mostly ultra-religious) could overturn a Supreme Court decision. Because not doing so so was seen as a real threat against the continuation of democracy, although he was also careful not to completely dismiss the need for judicial reform to take place, albeit in a less obtrusive form. 

Needless to say, his comments were not supported by the religious coalition parties who, then, formulated this backup plan of integrating Torah study into our basic law. 

It was back in December, that, then, Religious Zionism party leader, Bezalel Smotrich encouraged Prime Minister Benjamin Netanyahu to “pass a law, declaring that ‘Torah study is a fundamental principle in the heritage of the Jewish people.’”

Is serving one’s country, protecting it from extinction, not a better fundamental principle in the heritage of the Jewish people? Because without a Jewish homeland, Torah study might not even be a possibility.  

For centuries, Jews have been forced to rely upon host countries, which sometimes begrudgingly allowed them to live there, but who often, in the end, turned on them and expelled them, which accounts for their having wandered throughout the earth. It was only in 1948, when we were finally able to establish our own homeland, that every Jew could “rest easy,” knowing that they had a refuge if they needed it. Indeed, it is that refuge that gives our people an extra option of safety, should their host countries determine that Torah study is no longer possible because Jews are no longer welcome there.

If that seems far-fetched, it may have also felt that way to European Jews just prior to the Holocaust, most of whom never saw it coming. Nonetheless, it did come and instead of exile, the plan was complete annihilation from the planet. Again, who would have thought such a thing could be possible.  

We find ourselves, once again, as a people in perilous times, where Jew-hatred, in the form of anti-Israel and anti-Zionism sentiment is increasingly growing. Just a few days ago, Finland’s Economic Minister Vilhelm Junnila was forced to resign his position only 10 days after his term began, after having been accused of making Nazi comments

This is only one recent example of political leaders who think that they can openly express anti-Jewish feelings without consequence. While we are grateful for the pushback he got, it appears that the time is fast approaching when opposition to such hateful comments may be fewer because decency and tolerance are rapidly dwindling. 

That is where maintaining a robust and strong Jewish homeland comes in. It is incumbent upon us to have the best, best-equipped and dedicated army of men that we can count on to keep us safe and make sure that the words “Never Again” are not just an outdated slogan.  

Haredi men should want to be an integral part of securing our survival, not just because they’re obligated to do so by a court, but because their own Torah commands them to do so.  “Hear O Israel, today you are going into battle against your enemies. Do not be fainthearted or afraid; do not be terrified or give way to panic before them. For the Lord your God is the One who goes with you to fight for you against your enemies to give you victory.” (Deuteronomy 20:3, 4)

So, if God is with us, and commands us to fight for the land He gave us, why wouldn’t we do it? Studying God’s word without obedience to it is not only useless, it is, in truth, nothing more than pseudo religion!

A former Jerusalem elementary and middle-school principal and the granddaughter of European Jews who arrived in the US before the Holocaust. Making Aliyah in 1993, she is retired and now lives in the center of the country with her husband.

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