A sharply worded legal opinion issued Wednesday by two senior deputies to the Attorney General asserts that the draft bill advanced by Foreign Affairs and Defense Committee Chairman MK Boaz Bismuth prioritizes yeshivos over the military’s needs, eliminates enforcement against draft evaders, restores funding that the High Court forbade, and fails every constitutional standard.
Dr. Gil Limon and Adv. Avital Sompolinsky, the deputies who authored the opinion, released a detailed document spanning dozens of pages in which they warn that the proposal now before the committee “does not provide a response to the urgent security needs” and in fact creates a “negative incentive for enlistment.” According to them, the bill dismantles enforcement tools and reinstates benefits for yeshivos that were explicitly struck down by the High Court.
The legal advisers note that since the expiration of the previous draft law, all eligible chareidim are subject to individual and equal conscription, with thousands already classified as draft evaders. The High Court’s rulings require the government to apply criminal and civil enforcement measures and to cease all direct and indirect funding to those who do not regularize their status. The new bill, they argue, reverses course—canceling warrants and indictments, reviving disqualified funding channels, and re-creating a sweeping service-deferral framework.
At the core of the criticism lies the bill’s “group target” model, which replaces a universal and individual draft obligation with a communal decision structure. Under the proposal, chareidi young men could choose collectively whether to enlist or remain in yeshiva until exemption age. The enlistment targets themselves, the opinion notes, fall dramatically short of the Israel Defense Forces’ needs—about 12,000 soldiers are currently lacking—and even below the IDF’s own stated absorption capacity. Some targets could even be met through a lenient security-civilian service track open exclusively to chareidim.
The deputies further warn that the sanctions outlined in the bill are illusory. Personal sanctions would cease at a relatively young age and are significantly weaker than those under existing law. Collective sanctions, they add, depend on targets that could be retroactively amended and easily circumvented through alternative funding routes for Torah institutions. As a result, they conclude, these penalties are “sanctions in name only, incapable of motivating a chareidi youth to choose enlistment.”
The procedural flaws, they say, are no less severe. The bill promoted by Bismuth is not a continuation of the government bill to which continuity was applied, nor is it based on professional staff work by the defense establishment or the Finance Ministry. According to the letter, the professionals themselves oppose the proposal. This, they write, reflects a fundamental procedural defect in addition to constitutional problems.
In their conclusion, the Attorney General’s Office writes that a balanced and lawful framework is possible—one that recognizes the value of limud haTorah on the one hand, while ensuring significant and effective enlistment of chareidi men through meaningful personal and institutional sanctions and a real answer to security needs. Bismuth’s proposal, they state, does not meet constitutional requirements, deepens the violation of equality, and would not withstand judicial review.
Committee chairman MK Boaz Bismuth fired back, saying: “Nice try, Attorney Maara, to deflect the discussion with your legal opinion, on the very day dark questions arise regarding your involvement in the Sde Teiman affair. Nice try, but not this time.”
Shas also launched its first full-blown attack on the Attorney General, releasing a blistering response: “In a transparent and humiliating maneuver, the ousted Attorney General is attempting to strike at the Torah world to divert attention from one of the gravest scandals in the country’s history, in which she is suspected and which severely harmed Israel’s security and IDF soldiers.
“Her opinion is detached from reality and does not reflect the army’s position. The shrill political tone of her letter exposes her objective: to topple the right-wing government and prevent her dismissal.
“The Knesset’s legal adviser has accompanied the bill throughout the entire process and will represent it as needed. Unlike the Attorney General and her cohort, who pursue every expression of Jewish identity, the Jewish people will continue to honor those who learn Torah and safeguard our heritage for generations.”
{Matzav.com}