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Measure for Measure

The same figure who stood at the head of the system that launched a wave of arrests of lomdei Torah was herself taken into custody


Photo: Flash90

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srael has seen its share of dramatic moments over the past two years — but within the chareidi world, there is no doubt that this week is one of decisions. Almost all of the gedolei Yisrael have seen the draft of Boaz Bismuth’s proposed conscription law over the past few days, so that they can issue guidance on whether to support the proposal.

The first meeting that signaled that the chareidim intended to back the law — with reservations, but not ones that would halt the committee process — took place last week at the home of Rav Moshe Hillel Hirsch in Bnei Brak.

For an hour and 40 minutes, Degel HaTorah MKs Moshe Gafni, Uri Maklev, Yaakov Asher, and Yitzchak Pindrus sat in the Rosh Yeshivah’s room.

Rav Moshe Hillel came prepared. On his desk lay the 40-page draft of the law, with his handwritten notes and an open pen beside it. He’d gone through each clause carefully, marking the problematic sections.

This was the classic choice of the lesser of two evils. One option was bad, the other worse. The Rosh Yeshivah spoke about the damage that would result from sending yeshivah bochurim out to mass protests and disrupting the rhythm of the yeshivah world.
“Does anyone understand what would happen if we send the bochurim to dance in the streets day and night?” he asked — and didn’t wait for an answer.

After nearly two hours of discussion, Rav Moshe Hillel summed up: “I’ve heard, and I will give you my answer.”

The MKs, who had promised Netanyahu a response that very night, tried to leave with a clear message in hand, reminding the Rosh Yeshivah that “Netanyahu is waiting for the phone call as soon as we walk out.”

Rav Hirsch — who has spoken with the Prime Minister before, in the English both prefer — told them to wait. “I’m inclined to support,” he said, “but tell him I went through every clause, and I’ll give my answer soon.”

That answer did come — Rav Hirsch expressed a positive view, though he asked to delay the final decision until after the matter reached the home of the posek with the final word, Rav Dov Landau, who wanted to hear the opinion of his esteemed colleague and fellow Slabodka Rosh Yeshivah before offering his own.

In time, the Moetzes Gedolei HaTorah may also be convened. But as Rav Moshe Hillel told the MKs, “This won’t be the final version of the law — changes will be made before the second and third readings. In principle, it seems the committee discussions can move forward.”

This near-final “green light” from Degel’s spiritual leadership joined the clear statement from Shas’s Moetzet Chachmei HaTorah. Much remains to be said about what took place behind the scenes: the multimillion-shekel campaigns aimed at weakening the chairman of the party, the exposure of those behind the negative messaging, and above all, the steady focus of Shas chairman Aryeh Deri, who kept his eye on the ball — and direct contact with the litvish roshei yeshivah.

This cautious optimism was preceded by a sense of gloom that has yet to dissipate. “I don’t see a legislative solution in the near future,” Rav Moshe Hillel remarked on the eve of the massive tefillah rally two weeks ago, adding a grim forecast regarding the wave of arrests expected to follow.

That juxtaposition — a positive answer paired with a pessimistic outlook — perfectly captures the current mood among the chareidi leadership: still giving the process a chance, but no longer seeing legislation as the only path forward.

Less than a week after the former Chief Military Prosecutor, Brig. Gen. (res.) Yifat Tomer-Yerushalmi, took part in a high-level discussion about enforcing arrests against yeshivah students who hadn’t reported for army service — the tables turned, and the one calling for arrests was arrested.

According to several chareidi MKs, the meeting was dramatic. Tomer-Yerushalmi, together with Attorney General Gali Baharav-Miara, confronted the IDF’s head of Personnel Directorate, Maj. Gen. Yaniv Asor, over his refusal to carry out a wave of arrests against yeshivah bochurim of draft age. The two senior legal officials charged that his hesitation bordered on criminal negligence

The exchange came after Asor had told the Knesset Foreign Affairs and Defense Committee that such arrests do not advance recruitment among chareidi youth — they only deepen resistance. The legal advisors shot back that this wasn’t his call to make.

“By law,” they told him, “you’re obligated to draft them — and if they don’t enlist, you must arrest them.”

But just a few days later, the one who demanded that lomdei Torah be taken into custody found herself under investigation and briefly detained — ensnared in the scandal surrounding the leaked and heavily edited video showing IDF soldiers allegedly abusing Hamas detainees at the Sdeh Teiman detention facility.

And so, one could say — tefillas rabbim lo chozeres reikam — the public outcry in the streets of Yerushalayim was not for naught. A full solution hasn’t yet materialized, but a “v’nahafoch hu” — a dramatic reversal of fortunes — has shaken the legal establishment at a very opportune time in terms of the draft crisis.

It’s hard to comprehend what passed through the mind of the former military prosecutor when she “lost” her phone, under what insiders described as “a cloud of personal distress,” at a beach in Herzliya. The device was found several days later by a swimmer in shallow waters — but the legal system she represented seems to be sinking in far deeper waters, at a time when the judiciary as a whole is already under siege.

“Don’t tamper,” every lawyer tells his client at the first sign of trouble. The slippery slope of cover-ups often leads the suspect to make much bigger mistakes, and a minor misstep rapidly escalates into a full-blown criminal offense.

But Tomer-Yerushalmi is no novice. As a seasoned jurist, former judge, and the army’s top prosecutor — her conduct defies rational explanation.

The same figure who stood at the head of the system that launched a wave of arrests of  lomdei Torah was herself taken into custody. That’s more than just poetic justice — it’s middah k’negged middah — measure for measure — in its purest, most literal sense.

 

(Originally featured in Mishpacha, Issue 1086)

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