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DRAMATIC RULING: Supreme Court: Gov’t Must Draft Bnei Torah, Withhold Funds From Yeshivos

In a dramatic ruling published on Tuesday morning, the Supreme Court published its decision on petitions regarding the Charedi draft law and ruled that the government must draft bnei yeshivos and withhold funding to yeshivos and kollelim.

Nine Supreme Court judges unanimously ruled that there is no legal framework that makes it possible for the State to avoid drafting bnei yeshivos and therefore must act in accordance with the provisions of the Security Service Law.

They also ruled that in the absence of a legal framework for exempting bnei yeshivos, funds to yeshivos and kollelim for students eligible for the draft cannot be transferred.

Jerusalem Affairs Minister Meir Porush responded to the ruling by stating: “The Supreme Court ruling is leading us to two states here: one that is being run as it is now and another state in which bnei yeshivos will continue to learn Torah as they used to in the state that Ben-Gurion declared.”

Noam party chairman Avi Maoz responded by stating: “Supreme Court judges continue in the footsteps of Aharon Barak, according to which ‘everything is justiciable,’ and invade public areas that clearly belong to the elected representatives of the legislative and executive branches.”

“This is another step that harms the democratic system of the State of Israel, and this time it is the weakest part of the state and society during a war. It’s time to put an end to the dictatorship of the Supreme Court.”

UTJ chairman Meir Gafni responded by stating: “!לא תשכח מפי זרעו”

According to media reports, the IDF is only prepared to recruit about 3,000 Chareidim out of the 66,000 bnei yeshivos who are eligible for the draft, a number the Court mentioned in its ruling. The ruling did not specify the number of bnei yeshivos the IDF must draft in an apparent recognition that it expects it to be a gradual process. Nevertheless, the Court ordered the halt of all funding to yeshivos.

(YWN Israel Desk – Jerusalem)

46 Responses

  1. Good about time !! It’s a milchemes mitzva stop being selfish and fight for the country who allows you to live in it. It’s unbelievable hiw you can suck money out of the government but when youre asked to fight you hide behind the torah . What a disgrace !

  2. The court ruled that there is no legal framework for the current policy of distinguishing between two sectors and that the current policy was therefore not legal.

    They therefore ruled that the government cannot legally fund institutions that aid in not following the law.

    The court did not say that the government is not free to pass a new law that would continue the current policy. But until that happens, the exemption must end.

    The three religious judges agreed with this ruling.

  3. סנהדרין שראו כולם לחובה פוטרין אותו
    Funny how all 9 clowns on the supreme court all think alike. Do they have minds of their own? If not, they count as 1 vote, at best.
    And then cut off funding collected from our tax money.
    Democracy by the people for the people…as represented by 9 corrupt judges.
    I have a question to y’all: Do you think הוי מתפלל בשלומה של מלכות שאילמלא מוראה איש את רעהו חיים בלעו applies here?
    If not, let’s talk..

  4. I wish the army much success in setting up appropriate frameworks for Chareidim to serve – it is necessary and proper to accommodate their unique needs. I also wish the new Chayalim much success in their roles defending Klal Yisrael – and that they return home after their service shalem b’nefesh, b’guf – u’b’ruchnius.

    The goal is not and should not be to make them less Frum C”V – something to keep in mind when building the necessary infrastructure for their service.

    an Israeli Yid

  5. Every citizen is responsible in war time to assist in the security of their country that is protecting them, regardless of how many times you pray or study. To do any less is to help the enemy.

  6. we MUST bring down this kefira government, how does any frum person support this type of apikursus and reshis? How can any frum Yid daven for this medina? We will not serve even if they put us in jail. the proof its a shmad they are not drafting Arabs.

  7. מרשעים תצא רשע
    This court has always ruled against מקיימים מצוות
    They’ve made regs. during שמיטה year too. Regardless of my view of those learning Torah, they are wholly שונאי תורה ומצוותיה.
    And BTW, Yanky. Anis, the U.S. never required university students to join the military! Are arabs equally obligated to join the army?

  8. @Uncommon_Sense:

    The court ruled on the law.
    That’s what courts do.
    Please share with us the legal reasoning that they could have ruled any differently.
    Do you even understand how a court of law works?

  9. I don’t understand the chareidi reluctance to serve in the army. We learn in the Chumash that all males ages 20 to 60 had to serve in the army. No exceptions for who was more or less frum. And when the Shvatim asked Moshe Rabbeinu to leave their families on the far side of the Yardein because the pasture was good there, Moshe immediately chastised them for avoiding army service. Freedom isn’t free. If the country needs you, you go.

  10. LakewoodBT says:

    “The proof its a shmad they are not drafting Arabs.”

    Dear LakewoodBT,

    The reason why Arabs are not drafted into the army
    of Israel (Tzahal) is because Arabs CANNOT BE TRUSTED.
    They cannot be trusted, not even for one minute!

    They cannot be trusted with guns,
    because they may shoot Jewish soldiers.

    They cannot be trusted with knives,
    because they may stab soldiers.

    They cannot be trusted with grenades,
    because they may explode soldiers.

    They cannot be trusted with secrets, which they
    may reveal to Israel’s terrorist genocidal enemies.

    They cannot be trusted with food, which they
    might poison. Even if they do not have any poison,
    they could put dirt into the food served to soldiers.

    They cannot be trusted with supplies, which they
    may steal or damage or sabotage.

    They cannot be trusted to follow orders.

    I hope that this helps.


  11. So I expect that all Israeli Arab educational institutions and students will also not be funded unless their students are drafted!

  12. Shlomo 2 It’s religious persecution. The military crushes people with secularity. It’s a secular and abusive culture.

  13. Score one for Satmar and Eidis Hareidis. Amazing how some zionists are willing to risk so much to persecute a small minority, and anti-zionist hareidim are a small minority, though of course if they implement their plan of closing down the Torah world they may end up with anti-zionist Jews becoming a big politicized minority that might disrupt the medinah.

    Note that when you try conscripting those whose objections are that the state is established in violation of halacha (rather than that their learning is an alternative way to strengthen the medinah), you have issues of conscientious objection, and while many countries have conscripted university students few western democratic countries have ever drafted conscientious objectors. Serious protests by large number of frum Jews objecting to zionism (as opposed to a handful of Neturei Karta members who are in the class of flat-earth advocates or UFO believers) would seriously hurt Israel’s standing in western democracies including and especially the United States.

  14. Shlomo 2: These 9 antisemites on this Kangaroo Court invent law; they do not even pretend to interpret existing law. They declare as “law” whatever they, in their leftist dreams, want the law to be. The usurp the legislative role.

  15. Shlomo 2:
    Where else IN THE WORLD do the courts OVERRIDE the government?
    Where else do the nation have SO LITTLE SAY who the judges are?
    The israeli REASONABLENESS law – a vague term,allowing judges to strike down whatever THEY find unreasonable.
    “I think its unreasonable for Biden to stand for prez”.

  16. To all who dont understand what drafting the Charedim is about….:
    see another article on this very site:

    “In an emotional Channel 14 television interview, Yisrael’s brother Dubi said, “It’s greatly disturbing us as a family that on Thursday, we must submit the wording of the headstone to the Ministry of Defense and my mother has asked that the words ‘Hashem shall revenge his blood’ be written on his tombstone.”

    “This is the wording that frum people write on their gravestones. The Ministry of Defense does not approve the word “Hashem”, nor the root of the word “Yikom,” because revenge is forbidden, so the Ministry of Defense has not approved this.”

    He added: “If you don’t respect the fallen Charedi soldiers, then how do you want me to stay in the army? If you don’t respect my brother who fell during his service, why should I respect you at all?”

    …enough said!

  17. @ujm:
    OK, so what’s the legal argument that should have prevailed, were it not for the judges having been (in your words) a kangaroo court of leftists and anti-semites?
    Go ahead, give it a shot.

  18. The chareidim can enter as chareidim and leave as chareidim.
    They can learn in the army and eat only glatt
    The arguments against serving are silly.

  19. To all you poor people that still thought this is a Jewish State:
    To us nothing changed. They’re the same Anti Jewish as they were 70+ years ago, It’s just that you have to be spoonfeed to realize That this is a שמד State.
    Woe to such a realization.

  20. They are not arresting anybody. Just cutting off funding which is being raised as we speak in the US. And, we all know that not all yeshiva students are sitting and learning. Many are just hanging out or even working

  21. While UTJ and Shas can scream gevalt, gezeiras shmad, etc. its really irrelevant. When the nearly identical legislation the coalition is trying to push through this week to evade the court’s ruling was considered back in 2022, Netanyahu voted AGAINST it . Now he is suddenly has switched sides in a frantic effort to delay the political damage he will incur from today’s ruling. Ganz has at least been firm that the draft should be extended to BOTH Chareidi and Arab youth. If the Religious parties want to keep sending their rabbonim to the U.S. every six months to schneur for dollars to replace the government stipends, thats their right but it will not stop the reality that more of their yungerleit will have to perform some type of pubic service, whether in the IDF or in other public institutions.

  22. its pointless we frum will never bow to the Zionists authorities we ONLY bow to the Torah and Daas Torah, we protect the Zionists.

  23. It would be very dangerous and stupid to draft Arabs, who are our enemies, and would surely fight against the Jewish soldiers. Also, how could we expect them to fight their own brothers on lthe other side of the border? That is the reason they have alwasy been exempt.

  24. agutyar:

    There was an arab captain that was killed in Gaza, btw. I’m not saying that all the arabs are saints but many are actually leading brigades.

  25. Expect thousands of פֿאַרפֿרומטע אידן to escape to America. This will be a blessing for post-high school yeshivos and kollelim in New York and Lakewood.

  26. 5TResident:

    This was in the days of Moses and the prophets. It’s way more complicated now. For starters, in the days of David, there were torah learners and fighters; Yoav learned torah while David fought. If the secular aren’t interested in torah and the religious are, we have a nice split; don’t we?

    Israel isn’t really our anyway but the Soldiers have an obligation to protect everyone. If I may: frum jews have problems with a kosher army – I’m not sure I’d trust my teenage or 20 year old son to be part of Hesder. In our community, parents want to be able to check on their kids and who their friends are… An anti-zioist (for exampls) woiuldn’t want his child to change to zionist – a RELIGIOUS belief. More so – A father might not want this son to attach to people talking unclean language. When you’re married and are 26, maybe we can think differently.

    I believe thatif there wouldn’t be enough soldiers, the frum WOULD join more than they do now. The hate to a frum jew is vwery bad and you could agree with that; can’t you?

  27. @berry95
    You referenced the incident of the bereaved brother of a haredi soldier where the family had to request that ‘Hashem shall revenge his blood’ be written on his tombstone” to say this encapsulates what drafting of haredi Jews is all about.

    The family is free to bury the niftar wherever they wish to and to write ‘Hashem shall revenge his blood’ on his tombstone,” as long as they are also not asking that this be done in a military cemetery.

    The IDF has a policy to not write this because in many cases, those who are killed are victims of friendly fire. Obviously, that nusach should not appear in such a case.

    The IDF policy therefore is to make no distinctions, so it is not obvious who was killed by friendly fire and who was not.

    If the family is requesting a change to this long-held protocol AND is not willing to bury the niftar in a non-military cemetery, then OF COURSE they will have to appeal to the IDF that an exception be made for their family.

    Nothing to do with anti-haredi anything.
    It’s a policy that makes sense for the sensitivities of a military setting.

  28. One of the claims against army service is that “learning Torah protects the country” and therefore they are doing their part.

    This is apikorses and against halacha. It is prohibited to rely on a neis. The Torah commands Histadlut.

    of course Torah Learning in general provides a general protection, but without Hishtadlut it will be ״from the river to the sea..”

    And if the Torah Learning is protecting without hishtadlut, why isn’t it protecting against the Israeli Suoreme Court …. i see a lot of Hishtadlut on their part to overturn and maneuver there. Suddenly Hishtadlut is needed. lol

    Big chillul Hashem. Fight for Israel Fight for Jews around the world to have a safe haven, it is pikuach nefesh. when will you say it’s pikuach nefesh, when they’re stuffing you and your kids in an oven? Sorry my Chareidi friends, by then it’s too late. Now is the time for Histadlut so that we don’t get to the point where the Rabooonimm say It’s Pekuach Nefesh

  29. “Where else IN THE WORLD do the courts OVERRIDE the government?”

    In traditional Jewish communities, the Beis Din would routinely override the communal administration. The Jewish view is that one has to follow the law and policies of Torah, and courts would enforce them. Other than substituting “zionism” for “Yiddishkeit”, Israeli Supreme Court is acting as a Beis Din on steroid. Unfortunately for us, the dream of zionism has always been to make Eretz Yisrael and the Jewish people into “Am Hofshi” – a people free of Torah and Mitsvos, and that is the public policy the Israeli courts are enforcing.

  30. Once full-scale war broke out after the State of Israel declared its existence on May 14, 1948 [CE] Reb Shraga Feivel’s [Mendlowitz] thoughts were never far from Eretz Yisrael.

    A group of students saw him outside the Mesivta building one day, talking excitedly with Rabbi Gedaliah Schorr and gesticulating rapidly with the newspaper held in his hand.

    “If I were your age,” he [Rabbi Shraga Feivel Mendlowitz] told the students,
    “I would take a gun and go to Eretz Yisrael.”

    SOURCE: Reb Shraga Feivel: the life and times of Rabbi Shraga Feivel Mendlowitz, the architect of Torah in America (chapter 26, page 338) by Yonoson Rosenblum for Artscroll / Mesorah, year 2001, based on Aharon Sorasky’s Shelucha DeRachmana, ISBNs: 157819797X, 9781578197972, 1578197961, 9781578197965

    PS: If you doubt that this quote is accurate,
    then I invite you to get your hands on a copy
    of that book, and turn to the chapter number
    and page number that I indicated.


    Rabbi Shraga Feivel Mendlowitz was the founder of Torah U’Mesorah and became principal of Yeshiva Torah Vodaas in year 1921 CE. His career in Yeshiva Torah Vodaas lasted 25 years. He was known as “the premier architect of Torah in American history.” He left this world in 1948 CE at the age of 62 years.

  31. @A Poshete Yid
    True, the High Court and its reasonableness clause need reform.
    But this case was not decided on that basis.
    As I have written to others, if you think there’s a legal argument for the current system, go ahead and make that legal argument.
    Note that the gov’t itself invalidated the rule as of a year ago, so the court was only carrying out the government’s own mandate.
    (What happened was that the haredi parties did not live up to their promise, so the court stepped in.)

  32. amicable33:

    David and Yoav were leading wars and David fought the war while Yoav learned torah. So you do see worthiness of Limud Hatorah. Those that don’t learn, is a nother story

  33. The Medina will eventually disintegrate and cease to exist. Be”h all those Jews that are devoted to Hashem and his Torah will be saved from harm. The none frum Jews Will have an option and an opportunity to do teshuva and be saved as well. The others will be busy with musical festivals desecrating the shabbos and bringing upon themselves a second and a third and a 4th etc. October 7th. רח”ל. The choice is in our hands. Hashem said I I’m giving you two choices to conduct yourself the way of blessings and the way of curse I advise you to choose the way of blessings. There is no other way. Let us pray and hope that all Jews make the correct choice while we still have a choice.

  34. “Where else IN THE WORLD do the courts OVERRIDE the government?”

    Lets see…..the US, UK, France, Germany, Japan etc.etc. Just about all democratic countries have some type of appellate review through which their most senior court can reverse government actions that contradict the provisions of their version of a constitution or basic law. As others have noted, even if you are not a committed Zionist, its bizarre for the government to be paying stipends to tens of thousands who are evading the draft or refusing to enlist during time of war and telling others to risk their lives while they safely stay behind.

  35. @AnIsraeliYid: “The goal is not and should not be to make them less Frum C”V…” DREAM ON – THAT IS THE WHOLE PURPOSE!!!

  36. @timeforsanity “Every citizen is responsible in war time to assist in the security of their country that is protecting them…” Correct, and they do that by learning Torah – ASSITING THE IDF WILL NEVER BRING SECURITY TO THE COUNTRY WITHOUT THE ZECHUSIM OF THE TORAH.

  37. I learnt in a Lakewood kollel for 6 yrs. That said, I haven’t heard an answer from the Roshie Yeshiva to this question, “Why should (the secular) boys come home as amputees and in body bags and the frum boys (who are also being protected) don’t have bear that burden?”

  38. Israel could resolve the matter by agreeing that Hareidim who wish to be regarded as Palestinians should be exempt from military service, but also subject to the very significant legal and economic discrimination that anti-Zionist (i.e. not enlisting in the army) Arabs suffer. They should also extend the same status to secular Jews who are conscientious objectors. By having one rule for all anti-Zionists, regardless of religion, it would defuse a crisis that could become existential (if they conscript anti-Zionist Hareidim who would be willing to be disloyal, or if they end up igniting a situation of Hareidim asking for asylum abroad and thereby undermining the Zionist claim that Israel is the Jewish state).

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