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The Special Court
For Matters Concerning The Nation and the State
sponsored by the Sanhedrin
Docket #12
A Citizen and Resident of Hebron Petitions
the Court:
Should military call-up orders be heeded for the war in Lebanon?
Determination
[Special Judgment]
Translation from Hebrew of the 22 Tamuz 5766 statement:
The Sanhedrin,
being the authorized institution
to decide in matters of military policy, issues definitive moral
guidance
to soldiers on active duty and in the reserves. It also comments on the
current administration's defense
policy with regard to attacks from across the northern border of the
country.
A citizen who was called for reserve duty petitioned a
decision from the court after his confidence and trust in the IDF as
army of the Jewish nation was destroyed in the aftermath of expulsion
the Jews from settlements of Gush Katif, Shomron and Hebron. The plans
which continue to be made against the settlers even in the midst of
war, have intensified his
feeling of alienation [and
perhaps gives legal backing for the rejection of military service],
especially when the threat of expulsion has not
been removed from the Jewish residents of the West Bank.
Background: The enemy is attacking from across the border
of Lebanon. Its missile bombardments
are taking the lives of many innocent victims and constitute an
existential hazard for all of the Jewish people The IDF has
responded by waging a fierce battle and apparently intends,
through hard fighting, to clear the norther border of belligerent
Hizballah.
Determination: It is obligatory to participate in this
effort, to assist in the defense of the Jewish people. One must
honor [military] directives that do not contradict Torah principles [of
the Bible], and any other directive must be weighed accordingly.
This special judgment does not apply to areas that are not actively
engaged in combat, each situation must be considered individually.
The court is aware of the following implications of participation in
this war:
- Regrettably there is reason to
assume that the government will continue its policies of
"disconnection" (expulsion of Jewish population centers) and "turning
inward" (renouncing Jewish land ownership).
- The soldiers receive orders
that are derived from a wholly politically, so-called "Ethical code",
that is known to have brought upon us the present war. One of its
ingredients is "purity of weapons" (make
sure everyone sees that the enemy shot first) which is a salvation for
our enemies, at the cost of Jewish lives.
- The government authorities
throw young girls into jail without time limit, because of their
refusal to to sign their consent to a judicial decision which is
against Torah Law (the Bible), thus invalidating any claim of legal
authority.
- Peaceful Jewish citizens are
thrown into jail, expelled from their homes with their families, yet
recourse to any kind of legal hearing is delayed for many long
months. Heads of Yeshivas and their students punished without any
provocation from their side.
- The residents of Gaza were
left to suffer the firearms of the enemy and shelling of mortars and Kassam
missiles without the IDF taking any action to restrain
the enemy.
- The present war is the
fruit
of self delusion and the adoption over many years of the policy of
[appeasement,] flight and withdrawal.
There is a great possibility that
victory over the enemies of Israel and the prestige that will be
awarded to the government, will be translated into the realization of
its ostensible policy of the administration to continue in its
dismantling of Jewish population centers in the West Bank,
In spite of all these considerations, the judgment in this case is: One
must report for duty according to this [particular military] decree
[call-up].
All other consideration and sentiments must be set aside during
war, and one must remove them from the heart and approach the
matter in the light of halachah (Jewish Law).
Signed this day, 22 of Tamuz, 5766:
Chief Justice R' Yisrael Ariel,
Justice R' Dov Avraham Ben-Shorr
Justice R' Prof. Hillel Weiss
Justice R' Tsvi Rogin
Justice R' Dov Meir Stein
Click here
to see the Hebrew
version
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