Against the backdrop of the High Court of Justice hearing petitions challenging the law concerning the detention of draft evaders, the Shas Council of Torah Sages published a strongly worded statement today (Tuesday) setting out its halachic and principled opposition to the conscription of yeshiva students.
In the document, the council emphasizes that it does not recognize the High Court's authority to rule on the issue, but says it is publishing its position "for the sake of making the eternal divine truth known."
According to the council, the High Court has for years conducted a "campaign of persecution" against Torah scholars and has sought to undermine their status by striking down laws intended to regulate their legal standing. The statement further claims that the court is "as far removed from justice as east is from west," and asserts that its rulings "have no validity," including, according to the document, under international law.
The Council of Torah Sages goes on to state that drafting yeshiva students whose full-time occupation is Torah study is "absolutely forbidden under halacha," describing efforts to compel their enlistment as "a campaign of religious coercion." The document argues that mandatory conscription violates the principles of religious freedom and, according to the council, also contradicts promises made in Israel's Declaration of Independence.
To support its position, the council cites numerous sources from the Talmud and rabbinic authorities. Among them are passages from Tractates Nedarim and Sotah, which state that the Patriarch Abraham and King Asa were punished after conscripting Torah scholars into war, even though those wars were fought to save the Jewish people. The council argues that these sources demonstrate that Torah scholars do not participate in warfare, even when it is classified as a milchemet mitzvah (an obligatory war).
The document devotes particular attention to Maimonides' (Rambam's) Laws of the Sabbatical Year and Jubilee, which state that the Tribe of Levi did not take part in Israel's wars because its mission was devoted to the service of God and the teaching of Torah. The Council of Torah Sages highlights Maimonides' further statement that "not only the Tribe of Levi," but anyone who dedicates his life to serving God and studying Torah is regarded as having the same status. Based on this, the council concludes that yeshiva students and kollel scholars are exempt from military service under halacha.
The council also addresses the argument of "sharing the burden" but rejects it outright. It contends that the primary burden borne by the Jewish people is not military service but the labor of Torah study, arguing that Israel's national security rests first and foremost on Torah learning.
The statement cites biblical verses and rabbinic teachings asserting that Israel's military success stems from the merit of Torah scholars, including the verses, "Not by might nor by power, but by My Spirit, says the Lord," and, "Five of you shall chase a hundred."
The council further argues that even in Israel's modern-day wars, the country's victories demonstrate what it describes as divine intervention beyond the natural order, maintaining that Israel's successes cannot be explained by military means alone. According to the statement, the spiritual power generated by Torah study provides protection for the Jewish people, and therefore any attempt to remove yeshiva students from the study hall and conscript them directly undermines Israel's security.
The Council of Torah Sages concludes by declaring that throughout Jewish history, Torah scholars have borne the responsibility of preserving the Torah and ensuring the survival of the Jewish nation. It states: "Woe to us if דווקא here in the Land of Israel, in a Jewish state, Torah scholars are trampled upon and attempts are made to silence the voice of Torah."