Q&A: The High Court and Haredi Draft Evasion
The High Court and Haredi Draft Evasion
Question
Hello Rabbi,
What does the Rabbi think about the well-known High Court ruling that struck down the Tal Law, and more precisely about the dispute between Justice Beinisch and Justice Grunis on the matter?
Justice Grunis said: The Knesset exempted yeshiva students from enlistment in the IDF. And since the Knesset decided, there was a majority that gave an unequal privilege to a minority, and in such a case it is not the role of the court to intervene and protect the majority from itself, but rather to protect the minority.
On the other hand, Justice Beinisch argued: This is not a case of a minority. A minority is weak and needs the protection of the court. But here we are not talking about a minority, because minority status is not measured by demographic power but by political power and its influence in the Knesset, and in that sense the Haredim are not a minority.
Thank you
Answer
I have not read the ruling and am not familiar with it. I do not understand this whole debate as you described it. The role of the court is not to protect minorities, but to rule according to the law. The role of the Knesset is to protect minorities. The question is whether this law contradicts some Basic Law or not. If it does, it should be struck down even if the Haredim are not a minority, and if not, then it should not be struck down even if they are a minority.