Israel’s High Court issued a ruling on Sunday ordering the government for the first time to take operational steps to revoke a series of benefits from draft-eligible bnei yeshivos who have not regularized their military status.
The justices claimed that in the absence of concrete steps by the government to enforce the enlistment obligation, they had “no choice” but to intervene.
The decision outlined a series of measures:
Discounts on apartment purchase – the Israel Land Council is required within 21 days to determine how to condition the benefit on regularizing status with the military authorities.
Day care subsidies – the Ministry of Labor is required within 21 days to examine an amendment to the support criteria so that regularizing military status becomes a threshold condition. This means making military service or its regulation a prerequisite and basic condition for receiving the subsidy, even before examining the family’s income level or earning potential.
Subsidies for after-school programs – a similar amendment will also be required within 21 days.
Public transportation discounts – the Minister of Finance and the Minister of Transportation are required within 35 days to examine amending the regulations so that those obligated for enlistment who have not regularized their status will not be eligible for discounts.
Arnona (municipal tax) discounts – the Minister of the Interior is required within 35 days to consider amending the regulations so that the discount is conditioned on regularizing military status.
The kippah-wearing Justice Noam Sohlberg, who signed the ruling, noted that this is only a first step and does not exhaust all the actions required to enforce the law. He added that any attempt to create “bypass funding channels” contradicts the ruling.
In addition, he sharply criticized the lack of criminal enforcement against Bnei Torah, writing that the level of enforcement is “negligible relative to the scale of the violation” and emphasized that this may be only the “tip of the iceberg.” He also slammed police policy, which avoids detaining draft evaders in routine encounters and does not sufficiently assist the military police.
According to the ruling, manpower constraints or concerns about public disorder do not justify a complete lack of enforcement, and the police must assist the IDF and detain evaders during chance encounters.
In conclusion, the justices ruled that the state must “act swiftly and diligently to initiate real criminal proceedings, in an equal manner, toward the entire population.”
The ruling ordered the government to submit a detailed report by June 1, 2026, on the implementation of all the court’s instructions, including the progress of the examination of additional measures that have not yet been formulated.
Degel Hatorah chairman Moshe Gafni responded to the ruling by stating, “The State of Israel is gradually losing its identity as a Jewish and democratic state. From decision to decision, from hearing to hearing, and from ruling to ruling – the High Court is acting consistently and systematically to harm Lomdei Torah learners and minimize their place in the country. We will not allow this. Lomdei Torah are the foundation of our existence as a nation, and we will continue to learn Torah and bear the spiritual protection of Am Yisrael on our shoulders – in every situation and under every condition.”
(YWN Israel Desk—Jerusalem)
