Israel’s High Court of Justice ordered the state to begin criminal proceedings against yeshivaleit who have ignored IDF draft orders. The unanimous decision accused the government of “almost totally shirking” its obligation to enforce the law and warned that the current system of mass non-enforcement is eroding the rule of law and damaging soldier morale across the country.
The ruling comes as the government seeks to pass new legislation to restore exemptions for full-time Torah learners — a policy that expired in June 2023 — but has failed to provide any legal or practical alternative. Only 2.3 percent of eligible yeshivah students have enlisted since the exemption expired, leading watchdog groups to petition for enforcement.
Supreme Court Deputy President Noam Sohlberg authored the decision — invoking pesukim and words of gedolei Yisrael to argue that the current war constitutes a halachic obligation to take part in defending Jewish lives.
Calling the situation one of “life and death,” Sohlberg wrote that the duty to protect the nation is so fundamental that one “would not even need a pasuk — it is simple logic.” He quoted Rav Chaim Soloveitchik’s famous line, directed at someone who misuses Torah learning as an excuse: “It would be better for someone who does not know when to put down the Gemara not to have opened it.”
MK Yisrael Eichler (Agudas Yisrael) condemned the ruling, calling the Supreme Court an “evil regime” staging an “anti-Jewish coup d’état” and warned it was trying to incite a civil war against chareidim.
Meanwhile, Opposition Leader Yair Lapid praised the decision as proof that the “mass draft-dodging operation funded by the coalition is illegal.”
According to data cited by the ruling, the IDF currently needs 12,000 additional conscripted soldiers — half for combat roles — while an estimated 80,000 chareidi men ages 18–24 are legally eligible but have not enlisted.
Sohlberg noted that the shortage has been visible during the war: A record number of reservists were called up: The government raised the reserve-duty exemption age; Religious Zionist communities and pre-military academies were fast-tracked for enlistment; The government even failed in its attempt to lengthen mandatory service.
Despite this, he said, the state continues to spare the chareidi sector from enlistment requirements, “without hearing the cry of those carrying the burden.”
Court Orders Swift Enforcement
The government was ordered to:
- Immediately begin criminal proceedings against men legally defined as draft dodgers
- Present within 45 days a practical enforcement plan, including civil and financial consequences against those refusing orders
The court emphasized that the ongoing attempts to pass a new exemption law do not cancel the government’s obligation to enforce the current law.
Sohlberg warned that the lack of enforcement not only endangers national security, but also undermines the willingness of non-chareidi families to continue sending their sons to combat units: “The ongoing mass violation of the law with such severe inequality is unacceptable — especially given the urgent security need.”
Referencing the last two years of intense war, Sohlberg wrote: “Many were killed; thousands injured; families torn apart. Reservists lost their livelihoods. Soldiers and civilians will carry these scars forever. Many in the chareidi public do not respond to the obligation — legal and moral — to lend a hand to their brothers in times of need.”
The decision stops short — for now — of imposing specific punitive policies. But the court warned that if the government continues to avoid enforcement, it may issue direct and detailed orders.
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12 Responses
Israel’s High Court of Justice needs to put down the crack pipe. They don’t have enough prison space. Instead of the youngerlite learning in kollelim and paying their own bills, now the government will be forced to provide the ones they manage to imprison with 3 squares and a bed. The sedarim will continue in the prisons.
When will this Nazi Court have its day in hell. It’s so obvious that there’s a Personal Agenda against the Yeshiva people while they let so many leftists walk away from service, and the Arabs continue living the High Life for free on the Israeli dime, well contributing absolutely nothing besides the occasional stabbing or ramming. It’s time for the country to revolt and destroy that building
The court has no enforcment powers. They are like barking dogs. Just ignore them.
“Referencing the last two years of intense war, Sohlberg wrote: “…Many in the chareidi public do not respond to the obligation — legal and moral — to lend a hand to their brothers in times of need.””
The wicked Zionists continue to shamelessly lie as the always do. No, the chareidim do not have any legal – and certainly not any moral – obligation to be shmaded in the Zionist army.
The wicked David Green, first Zionist “Prime Minister” made a deal with Agudah that the Torah learners would be exempt from the draft (as would be expected in any “Jewish” “State”, even without any deal-making), in exchange for the Agudah not protesting against the Zionists usurping the identity of Judaism in falsely claiming their “State” to be Jewish.
In addition, the chareidim were there before the Zionists invaded over a century ago. When the Zionists invaded, the chareidim begged the Zionists to stop ruining the peace, but the Zionists did not listen and caused the cataclysmic disaster that followed (including the Holocaust and lobbying governments against allowing Jews into their countries during that Holocaust and on and on). So, it is the wicked Zionists who have a “moral” obligation to leave alone the chareidim – all of them, not just the Torah learners.
Finally, the Zionist army’s primary objective is to forcibly convert its inductees from Judaism into Zionism/Nationalism. They literally redefine Judaism, something no other army in the world would dare to do. That alone is sufficient reason to “morally” exempt all the chareidim, not just the Torah learners.
Why join an army that sells out its own soldiers and then tries to cover it up with the Nazis in the court system doing all the terrorists bidding everyday? Even from a secular perspective how could you serve such felons? They try to make their soldiers look bad from the inside, send many to die on high risk missions that are more cautious with lives of the enemies than our own, and have no strategy whatsoever for the defeat of terrorism? And then all the leftist clowns like lapid who didn’t serve but criticizes others for not serving. Or Bennett who gives 54 billion shekels to the Arabs so they join his stupid Coalition but then complains if the yeshivas get a few cents
I don’t see anyone answering the Halachic and Hashkafic points raise by Justice Soldberg with substance – why not? If the Chareidi view is based on Torah and Halacha, then they should answer based on Torah and Halacha – not mockery.
They should be better than Korach, who is described as using mockery to hold his group together against Moshe because he had no better way to do so.
an Israeli Yid (posting from Chula, where it’s not yet Shabbos)
The Volksgerichtshof Supreme Zionist Nazi People’s Court has the audacity to quote Gedolei Yisroel and the Torah that these Nazi “judges” are going directly against.
Only in Israel
Anyone who thinks they are not targeting the burgeoning chareidi population and their way of life cavemen following hundreds yr old rabbis is a naar
What a chutzpah they have to speak of the rule of law. You know what really erodes the rule of law? The judicial branch daring to dictate to the executive branch whom it must prosecute. Prosecution is entirely a matter for the executive branch, and when judges interfere that explodes the entire concept of the rule of law.
There is no such thing as not enough combat soldiers. If there seems to be, it is because there is not enough Vayikra 26:3 resulting in a lack of Vayikra 26:8, which is very difficult to remedy when you insist on ignoring Devarim 23:15.
AnIsraeliYid: We are not allowed to fight against the nations in Galus. When we perceive danger, we try to flee. We may use physical might only in direct danger, not to relent or to teach them. Am I saying there should be no IDF? Yes, I’m saying exactly that. Hashem is the one who watched over us throughout and He is the one who is doing so right now. It is therefore ILLOGICAL to draft into the IDF if it’s against Hashem’s will.
@Debater – if that is the case, then why do the Rambam and Rema both bring, as normative Halacha leMa’aseh, that one is REQUIRED to go out to battle on Shabbos over Kash v’Teven when there is no danger to life? It is specifically to “teach them” that Jews are not easy prey. I note that they both specifically do NOT say to first try to flee and only fight if thats not possible – and I’d be interested in your source for such behavior being required by Halacha.
At this point, the largest concentration of Jews in the world is in Israel – and the Halachos pertaining to protecting Jewish lives apply there at least as much as they ever did in places contemplated by the Rambam and the Remah. I’d presume that both of them took “Hashem’s will” into account when they wrote their respective Sifrei Halacha – so by what logic can you say Jews should not protect themselves from attacks by non-Jews whose aim is to kill them?
an Israeli Yid