Israel’s Supreme Court has instructed government bodies to condition financial benefits on recruitment of haredim into the army. The financial benefits include subsidies for daycare centers, discounts on public transport, discounts on municipal taxes, and discounts on the purchase of apartments.
The Supreme Court ruled, "Since no concrete steps have been presented that would indicate an intention to act to enforce mandatory conscription and comply with the provisions of the ruling, there is no choice but to order operative steps that are 'the direct implementation of the ruling,'" the Supreme Court ruled.
This is in direct continuation of the request for injunctions (and the discussion on contempt of court following the failure to enforce this request), and the claim that the ruling that was issued, in which the government must take effective enforcement measures and that the continuation of benefits that are directly or indirectly related to evading the mandatory conscription is not being implemented.
"We are forced to do this"
Last November the Court issued a definitive order regarding the enforcement of conscription on haredim in two ways: one - economic-civil, and the other - criminal. With regard to the civil level, it was ruled that the government must formulate an effective policy within 45 days, with the measures chosen being required to be such that "will bring about a real change" in the existing situation and that this policy should apply equally to those who have been declared draft evaders. As part of that ruling, it was decided that "most of the measures on the agenda concern the denial of benefits granted by the state, not the violation of vested rights."
The Supreme Court insists that since then, no real steps have been taken to implement the ruling, and on this policy, it was decided to set up a ministerial team that will examine enforcement measures and submit its recommendations to the prime minister. As such, no recommendations were submitted, which means "The provisions of the ruling are not being complied with," and that it is not "Just a matter of complying with the provisions of the ruling but rather enforcing the law."
The cabinet secretary argued during the hearing on the issue that there is a fundamental gap between the notice submitted to the court regarding effective measures and the opinions of the ministries and that there is no staff work indicating the effectiveness of the measures. According to him, the correct way to deal with the issue is by enacting an appropriate law, a law that it has not been able to enact for years. The Court explained that the best way is for the government to determine how to fulfill the legal obligation that applies to it, and since after six months no action has been taken to comply with the provisions of the law and implement the ruling, "We are forced to resort to this."
The Supreme Court explained that it derives its authority to order a number of measures, by virtue of Article 15 of the Basic Law of the Judiciary. Meanwhile, with regard to the discount on the purchase of an apartment, a significant discount that affects all households, the Israel Land Authority will be required to decide how to condition the provision of the benefit to those who serve in the security forces only, and this within 21 days.
On the subsidy for daycare centers, and kindergartens, it was ruled that the relevant entity in the Ministry of Labor will make a decision on how to amend the support test so that the regularization of the status of the parent required to serve will serve as a threshold condition for receiving the benefit.
Another significant benefit is the municipal tax discount, for which it was determined that the Minister of the Interior will make a decision on how to enforce the regulations so that the discount is conditional on service in the IDF. The same applies to a discount for public transport passengers. The Court stresses that these steps do not exhaust the issue and are only a "first step" in favor of starting action in the direction of enforcing the law.
According to the Court's order, the government must update it on the implementation of all the instructions by June 1.
The "Free Israel" movement, which was among the petitioners, noted, "This is a dramatic and precedent-setting decision by the Supreme Court, which makes it clear that not only must the draft obligation be enforced, but now public benefits worth millions of shekels are also being officially stopped for those who evade the law. This decision comes after two years of a stubborn legal battle that we led and follows a series of achievements from the cancellation of National Insurance benefits to the suspension of funding and various benefits. Even in the face of a government that tries time and time again to reward draft evaders and continue to budget for them, the Supreme Court states: "Common sense and the rule of law will prevail."
Published by Globes, Israel business news - en.globes.co.il - on April 26, 2026.
© Copyright of Globes Publisher Itonut (1983) Ltd., 2026.