High Court of Justice 41953-07-26 Free Israel v. Knesset - part 19

And God knows, and Israel knows, and even the whole world knows, that we are not attacking and we do not want war, we are not eager for battle, and we are not destined for bloodshed.  But if we are attacked with murderous fury, it is our duty, the duty of the entire nation, to save ourselves [...].  After all, you, our geniuses and great men, most of you acknowledge the necessity of this mitzvah war in general, and therefore many of you preceded your declarations with words of congratulations and encouragement to our dear young men who are standing in the battle.  Thus, therefore, you must hasten even the sages of the Torah, who are talented in terms of age and body, to participate in the campaign, to do so.  Your brothers went out to war, and will you sit here?

[...]

The opinion of the Torah? Here it is, simple and clear: "And the swift (in saving lives) is praiseworthy, and there is no need to take permission from the court" [...]!

'For the Lord your God is going with you to fight against your enemies to save you.'" (Emphasis added - v.  60).

It seems that about quite a few of what is brought - both in the letter and in the passages that preceded it - I can say that "if it were not for the written verse" - I would not have said it (according to Bavli, Rosh Hashanah 17:2).

115. It is my hope, therefore, that alongside the dimension of coercion - to which the rest of the judgment was dedicated, and which cannot be relinquished - this discourse, which tries to aim at the truth of the Torah, will also act and bear fruit. This is especially the case with regard to anyone who acts "out of recognition of the value of Torah study, " and in the "action" to which that study brings (Bavli, Kiddushin 40b).

Summary

116. In the process of enacting Amendment No. 28 to the Defense Service Law, there was a flaw that goes to the root of the proceeding. In terms of its content, too, it violates the constitutional right to equality, in a way that does not meet the conditions of the limitation clause.  Therefore, and in view of all of the above, I will suggest to my colleague that we make the order nisi absolute, and we will order the cancellation of the amendment.  I will further suggest that in view of the nature of the proceeding that was conducted before us, as detailed above, no order for expenses was made.