The Israeli political system is abuzz following Tuesday morning's Supreme Court ruling on ultra-Orthodox military service. The consensus is that the ball is now in the court of the Israel Defense Forces (IDF) and the Ministry of Defense.
These institutions will be required to issue draft orders to yeshiva students eligible for conscription. In recent days before the ruling, sources within ultra-Orthodox parties stated, "It was never about money. We can live with three thousand who enlist who aren't studying."
The assumption is that the ultra-Orthodox parties won't topple the government over funding issues, as there are surplus funds and donations available. According to the IDF, draft orders will be sent to approximately 3,000 yeshiva students – a number that, based on estimates, the ultra-Orthodox community can tolerate. The Supreme Court also estimates this to be the number of yeshiva students ultimately expected to be drafted.
The assumption is that the ultra-Orthodox parties won't topple the government over funding issues, as there are surplus funds and donations available. According to the IDF, draft orders will be sent to approximately 3,000 yeshiva students – a number that, based on estimates, the ultra-Orthodox community can tolerate. The Supreme Court also estimates this to be the number of yeshiva students ultimately expected to be drafted.
Figures like Minister Ofir Sofer, who opposed the law, demanded the enlistment of about 3,000 yeshiva students annually. This means the coalition could potentially overcome opposition and pass a law around this number, allowing them to determine that the remaining yeshivas will receive funding.
The Supreme Court, in a 9-0 decision, ruled that yeshiva students must be drafted. The court unanimously determined that there is currently no legal framework allowing for distinction between yeshiva students and other individuals eligible for military service. The state must act to draft ultra-Orthodox men and cease funding yeshivas. Political figures were quick to respond, with opinions divided.
Despite the order to proceed with ultra-Orthodox enlistment, the justices acknowledge that immediate full conscription is unfeasible and reluctantly allow the state to act gradually. The justices stipulate that this should be done according to administrative law principles, meaning ultra-Orthodox enlistment should proceed in accordance with objective conditions that allow for it within a short time frame.
Despite the order to proceed with ultra-Orthodox enlistment, the justices acknowledge that immediate full conscription is unfeasible and reluctantly allow the state to act gradually. The justices stipulate that this should be done according to administrative law principles, meaning ultra-Orthodox enlistment should proceed in accordance with objective conditions that allow for it within a short time frame.
The Likud party responded to the decision: "It's puzzling that the Supreme Court, which for 76 years refrained from enforcing yeshiva student enlistment through a ruling, is doing so now, on the eve of completing the historic conscription law and when ultra-Orthodox enlistment was at an all-time high. The law was formulated by the defense establishment when Benny Gantz was defense minister and passed its first reading with the support of Naftali Bennett, Yair Lapid, and Avigdor Lieberman. Now suddenly Bennett, Lapid, Lieberman, and Gantz oppose the law because they're not interested in ultra-Orthodox enlistment but in toppling the government."
United Torah Judaism Minister Yitzhak Goldknopf said, "An expected and very sad and disappointing decision. The State of Israel was established to be a home for the Jewish people, whose Torah is the rock of its existence. The holy Torah will triumph."
Knesset member Moshe Gafni, from the same faction, attacked: "There has never been a Supreme Court ruling in favor of yeshiva students and the ultra-Orthodox public. There isn't a single judge there who understands the value of Torah study and its contribution to the Jewish people throughout the generations."
The State Part Chairman Benny Gantz, who left the government recently partly in response to this issue, said: "It's not too late to reach agreements that will serve the state and lead to Israeli service. Service is a security need and a moral duty, not instead of the world of Torah, but so we can continue to exist in a state for all of us – ultra-Orthodox, Arabs, secular, and all parts of society, together. It's time for an Israeli service outline with broad agreement."
Yisrael Beytenu Chairman, MK Avigdor Lieberman said, "There are judges in Jerusalem. After years of stalling and attempts to reach compromises and understandings, the Supreme Court has made a decision that does justice to the public bearing the burden. A significant step towards historic change."
Shas Chairman Aryeh Deri, said, "The Jewish people survived persecutions, pogroms, and wars only because of preserving its uniqueness - the Torah and commandments. This is our secret weapon against all enemies. We will continue to guard the society of Torah learners who maintain it out of hardship. They are the ones who preserve our special power and create miracles in the campaign. No arbitrary ruling will abolish the society of Torah learners in the land of Israel, which is the branch we all sit on."
Labor Party chairman, Major General (res.) Yair Golan, said, "The decision that was clear to every serving citizen in the State of Israel was also unanimously clear to all the judges. Where there is no government, there is justice."
