Students from the Har Bracha Yeshiva petitioned the Supreme Court Friday morning in an effort to revoke the decision of Defense Minister Ehud Barak (Labor) to oust their yeshiva from the Hesder program combining Torah study with IDF service.
The petition, filed by Attorney Gilad Corinaldi, argued that the defense minister’s decision lacks legal foundation and is instead based on personal political considerations, therefore creating a dangerous precedent that could have long term negative implications for Israeli society.
The petition further accused the defense minister of “creating a dangerous crisis by violating the holy alliance of Religious Zionism with the state and its institutions that may, heaven forbid, hurt the cohesion and unity of our people’s army.”
According to the students, who received letters from the IDF giving them 60 days to find another yeshiva or be expelled from the Hesder program, Barak’s decision amounts to collective punishment and forces them to pay the price of the defense minister’s personal rivalry with their Rosh Yeshiva Rabbi Eliezer Melamed. The petitioners are hopeful that the Supreme Court will act in accordance with the law and overrule Barak’s decree.
Barak had claimed that Rabbi Melamed's behavior was encouraging soldiers to refuse orders when the Rabbi wrote that although if asked he would have told soldiers not to demonstrate against expulsions of settlers while in the army, he admired their integrity. Barak removed the yeshiva from the Hesder program. Rabbi Melamed signed an announcement by the Organization of Hesder Yeshiva Heads against demonstrations in the army, but Barak remained adamant about the ouster.