The opinion noted that throughout history, the expression was performed as a public and physical act (a handshake or a public ceremony). However, modernization and the conditions of the underground gave rise to the informal expression that moved from the public sphere to the digital arena. The opinion notes that modern jihadist organizations, led by ISIS, have adopted models of oath not directly but through communication networks and the Internet, without the need for physical contact with the ruler or representative, due to intelligence pressure and thwarting (especially in Israel).
- The main novelty of Da'ar'ar is different in the matter of expression Particularly relevant to arenas without formal institutionalization (such as Israel), which is the transition Self-sucking.
For this organization, the individual's oath declaration "among himself" is seen as sufficient proof of organizational affiliation. The absence of documentation or the presence of a representative does not impair the "halakhic legitimacy" of the oath in the eyes of the organization, which as far as it is concerned – the act of reciting the text of the oath, which includes the explicit name of the incumbent caliph, is the moment when he becomes a "member of the community" and, according to the opinion, from a passive "sympathizer" to an active "member" in the Islamic State community – and from that moment on he is subject to his set of orders and ideological control.
The "Statement" Committed by the Defendant and Its Significance
- The opinion clarifies that in light of the organization's decentralized structure, along with intelligence thwarts and the need to recruit "human capital", the organization itself waived the representative's requirement in certain circumstances (such as in Israel), and the expression has in fact become a major recruitment tool since it is in any case perceived as a contract between the believer and the Almighty and the Caliph, and it is valid even when done in private rooms"Expression in the inspiration model is an act of self-involvement, the declarant's discretion, which is expressed in an oath to the leader of the organization, is what perfects membership in the organization, even if it is done without the presence of the other party."
A concrete examination of the findings of the defendant's interrogation regarding the 'bi'a' oath that he took shows that it was carried out properly. In other words, the defendant made the statement while making sure to "adhere devoutly" to the instructions of the MDAS in this matter, as follows: