Shas’ Moetzet Chachmei HaTorah Declares: Drafting Yeshivah Bochurim Is Absolutely Forbidden
As Israel’s High Court of Justice considered petitions challenging the law suspending the arrest of bnei Torah over the draft, Shas’ Moetzet Chachmei HaTorah issued a forceful proclamation declaring that the enlistment of yeshivah bochurim is categorically prohibited according to halachah.
Released on Tuesday during the High Court proceedings, the statement lays out the Moetzet’s unwavering opposition to drafting those whose lives are devoted to Torah learning, while making clear that the issue is one of immutable halachah rather than public policy.
The statement opens by emphasizing that the Moetzet Chachmei HaTorah does not recognize the authority of the High Court to rule on such matters. It explains that the declaration was issued solely “for the sake of making the eternal divine truth known.”
According to the Moetzet, the High Court has spent years waging what it describes as a “campaign of persecution” against lomdei Torah, repeatedly striking down legislation intended to protect their legal status. The statement further asserts that the Court is “as far removed from justice as east is from west,” maintaining that its rulings “have no validity,” including, according to the document, under international law.
The Moetzet Chachmei HaTorah states unequivocally that drafting yeshivah bochurim whose full-time occupation is Torah learning is “absolutely forbidden under halacha.” It characterizes efforts to compel their enlistment as “a campaign of religious coercion,” arguing that mandatory military service infringes upon religious freedom and even violates commitments contained in Israel’s Declaration of Independence.
To support its position, the statement cites numerous ma’amarei Chazal and the rulings of the great poskim. Among the sources quoted are passages from Maseches Nedarim and Maseches Sotah, which teach that Avraham Avinu and King Asa were punished for drafting talmidei chachamim into battle, despite those wars being fought to save Klal Yisroel. The Moetzet says these sources demonstrate that lomdei Torah do not participate in warfare, even when it is considered a milchemes mitzvah.
The document also focuses extensively on the Rambam’s Hilchos Shemittah V’Yovel, where he explains that Shevet Levi did not take part in the wars of Israel because its mission was dedicated to serving Hashem and teaching Torah. The Moetzet highlights the Rambam’s well-known ruling that “not only the Tribe of Levi,” but anyone who dedicates himself entirely to the service of Hashem and the study of Torah attains the same status. Based on that principle, the statement concludes that yeshivah bochurim and kollel yungeleit are exempt from military service according to halachah.
Addressing the frequently raised argument of “sharing the burden,” the Moetzet firmly rejects the premise, asserting that the greatest burden carried by Klal Yisroel is the constant labor of Torah learning. It states that the nation’s true security depends first and foremost upon the uninterrupted study of Torah.
The statement reinforces that position by citing pesukim and the teachings of Chazal emphasizing that Jewish military success comes through the merit of Torah learning, 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 Moetzet further argues that Israel’s victories in modern wars themselves testify to unmistakable Hashgachah Pratis, maintaining that the nation’s successes cannot be attributed solely to military strength. According to the statement, the spiritual protection generated by the Torah learned in the batei medrash safeguards Klal Yisroel, and any effort to remove yeshivah bochurim from their shtenders for military service directly weakens that protection.
Concluding its declaration, the Moetzet Chachmei HaTorah states that throughout Jewish history it has been the talmidei chachamim who preserved the Torah and ensured the survival of the Jewish people. The statement ends with a passionate warning: “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.”
{Matzav.com}
