In light of the latest petition filed with the High Court of Justice by the Ichud Yeshivos in Eretz Yisrael, and other organizations, represented by attorney Nadav Gedalyahu, the court’s decision was announced several days ago. The decision of the court creates a legal loophole for bnei yeshivos who are currently listed as AWOL, evading military service in the IDF, and are in the constant danger of being arrested and they are prohibited from leaving the country. Now, this unwanted status might be lifted for them.

It appears that in an earlier petition with the court by the Ichud Yeshivos, the court’s decision set a precedent regarding two bnei yeshivos, who were due to be inducted into the military because of the abolishment of the Tal Law, which provided them with a legal status as lomdei Torah. These two were given induction dates after the Tal Law was abolished, a law that the High Court determined to be “illegal”.

According to the precedent in the ruling, it was decided to cancel the draft notices for the two in question. The court accepted the petition filed by the Vaad Yeshivos, represented by Gedalyahu, and decided the IDF exceeded its authority under the law because it waited for too long a period before trying to draft the two in question. Therefore, it was decided that until such time the IDF’s authority regarding the possibility of drafting these talmidim is determined, and they will not be able to be drafted. Hence, until this occurs, the warrants for their arrest and the prohibition of leaving the country have been lifted.

Now, in another petition filed following this precedent, the attorneys dealing with the case are arguing that the same rule should apply regarding 11 additional yeshiva students facing similar circumstances. At first, the Military Advocate General’s Office refused this demand, but after the actual petition was submitted, the precedent from the earlier case was applied to the eleven with agreement from the IDF. This pertains to the decision of 13 Adar I 5779 by the court, and the High Court of Justice has since given validity to the decision making it a binding ruling, which means it is now possible to apply this precedent to anyone or similar circumstances.

Kikar Shabbos News adds that legal experts explain, on the face of it, there is a solid basis for the assumption that such retroactive authority will never be legislated, due to the older age of yeshiva students and avreichim, in terms of political feasibility and the legal situation in this sensitive issue of retroactive infringement of rights, so in practice it appears that this is a permanent revocation of the obligation to enlist due to the new facts in the case.”

(YWN Israel Desk – Jerusalem)