In a functioning democracy, the law is supposed to be equally applicable to all citizens. However, in contemporary Israeli reality, the application of the law seems to depend on the identity of the person to whom it is addressed, and at times it seems that the law has turned from a binding normative platform into a relative recommendation - applied according to the individual's political or social affiliation.
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Moshe Lador, a former state attorney general - a figure who is supposed to embody the pinnacle of commitment to the rule of law - recently made an open call for defiance. Aharon Barak, who served as president of the Supreme Court and led the activist approach in the legal system, hints at a future civil war, while wrapping it in rhetoric about preserving "democracy.".
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The meaning of these words is clear: refusal is permitted - as long as it serves the right narrative.
When asked why ultra-Orthodox Jews do not enlist, three main groups of answers emerge:
The ideological group
This group – mostly from fanatical sects, such as Neturei Karta and the Jerusalem faction – rejects the idea of a sovereign Jewish state from the outset. In their view, the state was established in violation of the principles of divine providence, and the army is an integral part of a secular mechanism that must be rejected. Demanding conscription from them is seen as a forced intervention in a space whose legitimacy they have never recognized.
The central group - the 'Israeli' Haredi'
For most of the Haredi public, the refusal to enlist does not stem from a total rejection of the state, but from a deep sense of alienation from its institutions. The Haredi public recognizes that there is a distinction between those accepted into prestigious service tracks - pilots, cyber units, technological development roles - and those who are pushed into dangerous and unrewarding field roles. But while the career track is reserved for the elite, the real service track requires a sense of belonging and security in the system from which you come.
And the Haredim do not receive this. On the contrary, they receive discriminatory and hostile treatment, as follows:
The legal system and the ultra-Orthodox public - Among the Haredi public, there is a deep sense of distrust in the judicial system. Judges decide based on cultural baggage rather than facts. Civil lawsuits have often been dismissed on unfounded arguments: if the plaintiff's wife was not brought as a witness - then it is a case of concealing information; and if she was brought - it is an objective testimony. Either way - the outcome of the verdict is already known in advance. And equality before the law has become a theoretical ideal rather than an everyday reality. This is similar to the satirical anecdote about the lion and the bear, who are never satisfied - if the rabbit comes with a hat, he is accused of impudence; if without it - of rudeness.
The public service and the ultra-Orthodox public - is not free from the aforementioned problems. Despite the existence of an adequate representation law, its implementation in practice is lacking, with the majority of Haredim remaining outside government positions - and especially senior positions. The selection process, which purports to be professional, has in fact become a tool of ideological selection: only candidates whose positions and culture are in line with the hegemonic discourse in the establishment manage to pass the screening.
In this way, the Civil Service Commissioner functions, in effect, as an ideological gatekeeper, maintaining ideological uniformity among decision-makers and preserving a narrow cultural hegemony. The Civil Service Commissioner - the body that is supposed to ensure diversity and equality - has become the gatekeeper of the elite. That is why the left is fighting for its control over this appointment.
Aharon Barak himself, when asked why there are no Mizrahi Jews on the Supreme Court, replied: "We haven’t found anyone worthy." This answer became a symbol of an elitist perception that perpetuates exclusion under the guise of quality.
The Israel Police and the Haredi public - The violence used against Haredim in demonstrations – using batons, horses, gas – stands in stark contrast to the soft handling of Kaplan protesters. Police commanders have even expressed public positions that reflect discriminatory treatment – such as Aryeh Amit, who said that "the Kaplanists are wonderful people, and the Haredim are savages.".
The Children of the Torah – the spiritual group
For the Torah scholars, the very idea of military service goes against the essence of their calling. They believe that Torah study is a protective pillar for the Jewish people, both spiritually and existentially. This concept, while foreign to some in the general public, deserves recognition just as it is recognized in other religious groups around the world.
In the United States, for example, the Amish sect has been exempt from military conscription for decades, even during times of emergency. The state has recognized that cultural diversity requires sensitivity and individual treatment, not forced uniformity. As Professor Neuberger wrote: "Coexistence is not born of coercion, but of flexibility – not from above, not from below – from the middle.".
And what do you expect?
That we send our children to an army that discriminates against us? That we shed our blood for a system that defines us as an enemy at home? That we die for the establishment of a foreign (unelected) government in the Land of Israel?
In conclusion: If you want to see broader participation of the ultra-Orthodox in civil service - including the military - start with respect. Don't try to mold us in your image. Don't impose a cultural elite under the guise of moral values - and apply the law equitably.
If and when refusal has become legitimate – make sure that legitimacy applies to everyone. And if it is not legitimate – do not turn a blind eye when it serves you. Because a society in which ideological criminality is measured by opinion – is a society that has lost its moral backbone.
