Q&A: Regarding Passing the Draft Law
Regarding Passing the Draft Law
Question
Is it possible to pass a law that someone who dodges enlistment in the IDF has no right to vote for the Knesset? And in your opinion, is that moral and acceptable to the High Court of Justice? And if so, what would be the status of the Arabs?
Answer
The High Court would not let it pass. In my opinion there is no problem at all with such a law.
Discussion on Answer
Someone who does not fulfill his obligations does not deserve rights. I don’t understand what the problem is. As for criminals, I also have no problem with that. As long as we’re talking about serious, deliberate, intentional criminality, and not some isolated offense that could happen to anyone. This has nothing at all to do with the question of who is a Zionist. On the contrary, if he is a Zionist then he deserves the right to vote even less because of his draft-dodging.
The claim that prison yes but loss of voting rights no seems really strange to me. Why, in your opinion, is taking away freedom justified but taking away the vote not? Is the right to vote more important and more fundamental than freedom? Is it less upsetting?
I’m not trying to claim that prison is easier than loss of voting rights.
You can get into a discussion about the values of Western democracy; that’s my question.
I’m not committing myself to the coherence of every law and restriction in a democracy, but it is customary to see the right to vote as a supreme value; even prisoners vote. I see the logic in that, but as I said, it can be discussed. I wasn’t sure that was the discussion, so I asked whether you mean that “even though it’s not democratic, so be it,” or whether in your view it is even legally acceptable.
By contrast, regarding someone who openly does not see himself as part of the state, there is a much stronger case.
A criminal is punished according to the law and imprisoned.
But it is customary to regard the right to vote as most fundamental; let the prisoners come and vote for their release or for abolishing the prohibition on their offense.
Rabbi, there are those who are not dodging, but rather, from the standpoint of the law, they are allowed not to enlist, like most Haredim, and like me.
What do you think about them?
If enlistment were mandatory that would be something else, but the state allows it! Now you want to say that retroactively their right to vote should be taken away?
Maybe we should take it away from everyone who did enlist in the army.
You are both an offended Haredi and a Haredi who scrupulously obeys the law. It’s only in reading comprehension that you have serious problems.
Thanks, why?
By the term draft-dodging you mean what happens in everyday life, not that under the law the person is considered a draft-dodger.
I mean that as long as this is done within the law, it is not called draft-dodging in a way that could disqualify someone from voting.
Do you agree with me? That’s how it was for 99% of the entire Haredi public until these very days.
First of all, you are factually mistaken. For some time now there has been no law exempting Haredim, and everyone is required to enlist. Even in the past there was no exemption for Haredim, only for those studying. The rest were already draft-dodgers back then.
On the substance of the matter, as long as the law permits the draft-dodging (and, as stated, it does not), obviously sanctions cannot be imposed on the draft-dodgers.
As far as I know, until about the last year the situation worked like this: someone who was registered in a yeshiva received an exemption at age 24 or age 26.
It really wasn’t an obligation to study in yeshiva, but to be present in yeshiva—or more precisely, not to do anything except be in yeshiva. (Indirectly, the reason Haredim don’t work is because of this stupid law; for example, I know someone who got caught because he volunteered with Magen David Adom.)
Even a person who violated the law usually was not trying to dodge the draft; there were very few who went that route.
Usually, someone who was a “liar” simply found an educational institution that agreed to accept him under its auspices so that it would report the deferment to the Tel HaShomer enlistment bureau, Binyash section, until he received a deferment and reached the age of exemption.
Or he got a mental-health exemption.
These two methods are not draft-dodging, and the state usually knowingly turned a blind eye!!! Ask any military mental-health officer.
So how exactly does it make sense to take away the right to vote from this entire holy public when it conducted itself according to the laws of the state?
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P.S. I remember how someone who got an exemption due to age breathed a sigh of relief, and planned to go on a post-exemption trip abroad 😉
A taste of the World to Come
Interesting. When you say “there’s no problem,” do you mean: “Maybe it’s not democratic or legal, but there’s no problem”? Or that even as a High Court judge you would approve the law? What about denying voting rights to criminals in certain other areas?
Is there really no difference between anti-Zionist draft-dodgers, where this makes much more sense, and today’s Haredim, most of whom are already more Zionist than Ben Gvir?
I’m in favor of harsh sanctions, prison and more. But דווקא here I tend not to agree.