What does Israel’s draft rule on ultra-Orthodox Jews mean?

The Israeli Supreme Court ruled on Tuesday that ultra-Orthodox Jewish students of religious schools called yeshivas in Hebrew, must be drafted into the Israeli army, finding their exemptions from military service unconstitutional.

The top court decision, which is in line with a similar ruling from seven years ago, might lead to a fracture in Prime Minister Benjamin Netanyahu’s already fragile coalition government propped up by the two ultra-Orthodox (Haredi) parties, Shahs and United Torah Judaism Party.

Both parties have long opposed the draft of Haredim - young ultra-Orthodox men - into the Israeli forces on the grounds that religious study in yeshivas is as essential for Israel’s future survival as military service. In recent weeks, Netanyahu made multiple failed attempts to pass a law, which would grant ultra-Orthodox Jews a draft exemption.

Alon Liel, the former general director of the Israeli foreign ministry, thinks the Supreme Court decision won’t lead to a deadly fraction in the Netanyahu government, dominated by far-right groups.

“No. Netanyahu looks safe as long as the war goes on,” Liel tells TRT World.

While the Supreme Court decision might demoralise Netanyahu’s ultra-Orthodox coalition partners, the ruling does not have immediate effect, allowing time for Israel's longest-serving prime minister to make any number of decisions on this ensuing problem, according to experts.

Since Israel’s founding in 1948, ultra-Orthodox Jewish men have been exempt from military service and yeshivas have been funded by the state. Some members of the Haredim hold pacifist political views and others believe that the Jewish religious tradition forbids military service.

Haredi resistance to military service has long been a contentious issue in Israeli society in which secularists and leftist groups have particularly criticised exemptions and funding of religious education.

The top court’s decision might further widen an already-existing split between Netanyahu, who is in favour of exemptions and Defence Minister Yoav Gallant, who advocates ultra-Orthodox draft into the military.

“The army is in need of manpower now. It’s not a matter of politics, it’s a matter of mathematics,” Gallant said in March, in reference to Netanyahu’s hardline supporters. At the end of March, an Israeli law, which granted exemptions to ultra-Orthodox Jews expired, while the Netanyahu government continued to absolve them from being drafted, despite a raging war in Gaza.

“We cherish and appreciate those who dedicate their lives to learning the Torah. However, without physical existence, there is no spiritual existence. Our security challenges demonstrate that everyone must bear the burden [of service]. All parts of society,” added the defence minister in his televised address to the nation in Spring.

Much of Israeli society backs annulling exemptions as a recent poll showed that 70 percent of Jews favour the view that ultra-Orthodox men, whose population corresponds to a fifth of Israeli Jewish demographics, should serve in the military.

What the ruling says

"Currently, there is no law that clearly distinguishes between yeshiva students and other candidates for military service,” said the Supreme Court’s nine-member panel in its unanimous decision against the exemptions, arguing that “the burden of inequality is harsher than ever and demands a solution."

“Accordingly, the state does not have the authority to order a broad exemption [of ultra-Orthodox citizens] from army conscription, and it must act in accordance with the provisions of the Israeli Defense Service Law," the ruling added.

The decision recalled a 2017 Supreme Court order, which found two amended articles, 19 and 21 of the Defense Service Law, regulating the exemption of Haredim (ultra-Orthodox Jews) from the mandatory military service, unconstitutional.

The ruling also ordered that government funding must be stopped to yeshivas if its students continue to shirk military service.

Ultra-Orthodox reaction

Many ultra-Orthodox politicians have long despised “secularist” views of Supreme Court judges. As a result, they have not been surprised with the recent top court decision against their political base’s privileges of military exemptions.

“There has never been a ruling by the Supreme Court in favor of the members of the Yeshiva and the interest of the ultra-orthodox public,” stated a post on X by Moshe Gafni, a leading ultra-Orthodox politician and the leader of the United Torah Judaism party.

“There isn’t a single judge there who understands the value of studying the Torah and their contribution to the people of Israel in all generations,” he added.

But others were happy about the decision. Opposition lawmaker and former defence minister Avigdor Lieberman told reporters: "There's nothing Jewish about dodging military service”.