“It should be noted that in general, the MKs from the ultra-Orthodox parties avoid submitting proposals for basic laws – in other words, participating in constituent activity – and this is based on principles.
“MK Avraham Ravitz (Torah Judaism) explained the reason during the debate in second reading of Basic Law: Human Dignity and Liberty on March 17, 1992: ‘We, the religious Jews, already have a constitution, which is the Torah [...] therefore, I object on principle to a [Knesset legislated] constitution...’
“MK Arye Deri (Shas) repeated this position in other words on February 19, 1996, within the framework of the debate on Basic Law: Legal Rights, Basic Law: Freedom of Expression and Association, and Basic Law: Social Rights (none of which were passed): ‘Even if you were to bring the Ten Commandments as a basic law by the Constitution [Law and Justice] Committee, I would vote against it. I do not know what your hidden intentions are. I do not know what you are conniving together with the Supreme Court Justices to do to us.’”
This paragraph appears on page 55 of my book on the job of Israel’s Knesset Members, published by Routledge in 2021. However, the names of all seven MKs currently serving from Torah Judaism appear on the bill of Basic Law: Torah Study presented to the 25th Knesset for first reading, as published in the Official Gazette on July 1, 2026.
Though none of the Shas MKs are among the presenters of the bill, Shas is expected to vote for it should it come to the Knesset Plenum later this week for second and third readings.
First of all, the two quotes presented above are from the time of the Labor premierships of Yitzhak Rabin and Shimon Peres, when the Israeli legal system entered a period of judicial activism, and underwent what came to be known as a “constitutional revolution,” largely associated with the name of Supreme Court Justice Aharon Barak – two developments abhorred by the haredi (ultra-Orthodox) leadership.
At the time, Benjamin Netanyahu served as leader of the opposition on behalf of the Likud. He was first elected as prime minister on May 29, 1996. Since then, he has served intermittently as prime minister for 17 years, in the course of which he developed close relations with the haredi parties, who served in five of his six governments, and on whom he relies increasingly to remain in power.
Secondly, the reality within which the haredi parties operate has changed drastically, especially regarding the integration of the haredi population into Israeli society in general, and the conscription of haredim to military service in particular.
Since the outbreak of the war against Hamas on October 8, 2023, and the additional battles in the Middle East that followed, the IDF is experiencing severe manpower shortages, currently estimated at 12,000-15,000 annually.
Besides prolonging the mandatory service of those already enlisted, and of reservists, who are already overstretched, the only way to fill the ranks is by means of those who currently shirk military service altogether, who are predominantly from the haredi population.
As a result, arrests of haredim who are considered shirkers of service (based on the existing law) have grown in number. The haredim have proposed various pieces of legislation to deal with this issue – so far unsuccessfully. Basic Law: Torah Study is part of this effort, though it differs from the rest in that it is proposed as a basic law to curtail the Supreme Court’s ability to negate it.
The original bill read:
“1. Study of the Torah is a basic value in the legacy of the Jewish People.
“2. The State of Israel, as a Jewish state, considers the encouragement of the study of the Torah and the students of the Torah to be of supreme importance, and with regards to the rights and duties of those who take upon themselves to devote themselves to the study of the Torah for a prolonged period, to be equivalent to [the rights and duties] of those who serve the State of Israel and the Jewish People significantly.”
‘Those who serve the State of Israel and the Jewish People significantly’ refers to those who serve in the defense forces.
What further distinguished this law from most of the other legislation proposed by the haredi parties is that it constitutes part of the current quid-pro-quo offered by Netanyahu to the haredi parties, in return for their support for the passing of laws to set up a political committee to investigate the events that led to October 7; to split the attorney general’s position into two separate jobs; and to weaken the free press (especially that which criticizes the current government).
Netanyahu also wishes the haredi parties to promise to remain in his political bloc after the approaching general elections.
Opposition to the bill
Finally, the bill for the new basic law, which was approved by the Knesset House Committee for second and third reading last Thursday, included Article 1 from the original bill, while Article 2 now reads: “the goal of this Basic Law is recognition of Torah Study as a basic value in the State of Israel, to create a balance of justice vis-à-vis all the other basic values in the state.” In other words, the law will be purely declarative.
The main argument against the original wording of Article 2 was that since it offered haredi Torah students equal rights to those of serving military personnel, it would end up costing the state vast sums of money. In addition, it raised major opposition from various groups in the population, who feel it would discriminate against them.
An example of this was the outburst in last Thursday’s House Committee meeting by a group of IDF veterans with PTSD, against the haredi MKs present, who argued that with all due respect for the Torah, while haredim who shirk military service are being offered massive financial benefits, their own needs, as disabled veterans, are being neglected.
Strong opposition was also expressed by women’s organizations, which argued that the law applies only to men, since it is designed for students of haredi yeshivas, which by definition exclude women.
In fact, what this law means by “Torah study” includes only haredi students at haredi yeshivas who are engaged almost exclusively with religious issues, and most of whom have very little, if any, general education. It does not include the students of national religious yeshivas. It does not include bible studies within the Conservative and Reform movements.
It does not include academic studies of the Torah. It does not include anyone who views Torah studies as a chapter in the study of Jewish history, and cannot ignore the fact that not everything written in the Torah tallies with known historical facts and archeological findings.
Of course, “Torah study” does not include the question of who wrote the Torah – Moses at the behest of God (as the haredim and others believe), or numerous anonymous authors who labored over the task over decades, and perhaps even centuries.
This approach started to gain attention in the 17th century and concentrated on differences of style, duplications, and contradictions appearing in the Torah.
It is reasonable to assume that the basic law as currently worded will be approved before the 25th Knesset goes out to its election recess. What will come of it after the upcoming October elections? That will depend on its results.
The writer has written journalistic and academic articles, as well as several books, on international relations, Zionism, Israeli politics, and parliamentarism. From 1994 to 2010, she worked at the Knesset Library and the Knesset Research and Information Center.