The High Court of Justice ruled Sunday that it would not question the authority of the defense minister to exempt yeshiva students from army service.
The court turned down an appeal by attorney Yehuda Ressler against the exemption of yeshiva students from service, a practice which has been in effect since the early days of the State of Israel.
However, Justice Aharon Barak wrote in the ruling that the appellant did have a standing in the case, and that the issue was subject to a judicial ruling.
The defense minister, said Barak, had authority to “defer” the enlistment of yeshiva students as long as he deemed fit, for whatever the defense minister’s reasoning.
The exemption of yeshiva students has been a controversial issue, ever since Premier and Defense Minister David Ben-Gurion granted the first exemptions.
Supporters of the exemption have argued that the study of Torah and its preservation have been just as important for the welfare of the state as military service.
Because of the exemption, tens of thousands of young Israelis do not fulfill any military duty, in contrast to the obligation of the majority of the Jewish population of Israel to do so.
Moreover, not all yeshiva students are exempt from the draft. Many of them, especially those identified with nationalistic religious groups, choose to fulfill their military obligations in a service which combines studies and military training.
In his ruling, Barak recommended that the Knesset adopt an explicit stand on the matter and initiate a law which would exempt yeshiva students from service rather than leave the matter to the discretion of the defense minister.
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