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High Court of Justice 41953-07-26 Free Israel v. Knesset - part 24

September 3, 2026
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At the foundation of the existence of the State of Israel as the nation-state of the Jewish people is the principle of mutual responsibility that exists between all parts of the Jewish people.  On this conceptual basis, the State of Israel was established in order to serve as a national home and a magnet for the people of Israel in their historic homeland - the Land of Israel.  This national concept is at the foundation of the Declaration of Independence and the Israeli constitution project, and it is reflected in our national heritage in the statement "All of Israel are responsible for each other" (according to its accepted meaning today).  There is no obligation established by the Knesset, which reflects this national outlook, such as the obligation to enlist in the IDF.  This duty was, and still is, according to the Knesset, an existential necessity in order to realize the purpose of the State of Israel as the national home of the Jewish people.  Accordingly, the obligation to enlist applies to all sectors and strata of the Jewish people: religious and secular; rich and poor; residents of the center as inhabitants of the book.  It turns out that even in times of trouble and distress, there is a group among the people of Israel that considers itself exempt from the most important of the mutual responsibility obligations established by the Knesset - the need to unite and unite in order to repel the external enemies that threaten to destroy us - to the point of openly declaring, "We will die and we will not enlist." IfandAn order of unconditional surrender to sectoral demands of this kind by the government and the coalition majority in the Knesset does not contradict the Jewish character of the State of Israel - I do not know what such a contradiction is.  The conclusion that is required in my opinion is that a legislative act that ignores not only the civic duty imposed on all citizens of the State to participate on an equal basis in the burden of living together in it, but also the sacred mutual responsibility imposed on all parts of the people of Israel living in Zion, cannot be the law of the "Appropriate to the values of the State of Israel" - not in terms of its democratic essence; not in terms of its Jewish character.

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