Remarks against the chareidi sector by High Court Vice
President Judge Michel Cheshin met harsh reactions on Monday.
During a hearing on a petition against military exemptions
for yeshiva students based on "Toraso Umnaso status"
on Sunday, Judge Mishael Cheshin expressed his resentment of
the growing number of yeshiva students using the words,
"Vayirbu vayifru vayishretzu beme'od me'od." The word
usage, which is patterned after the Egyptian disapproval of
the increase among the Jewish residents of their country in
Biblical times, indicates strong disapproval of the fact that
there is an increase in the numbers of yeshiva students,
kein yirbu. His remark was well beyond the limits of
normal judicial discretion and indicated a strong prejudice
against yeshiva students. It was followed by a demand that he
recuse himself from the case due to the personal tone he
expressed.
During the course of Sunday's hearing on petitions by anti-
religious figures seeking to alter the military deferment
available to full-time yeshiva students for decades, and
enshrined in the so-called "Tal Law" passed three years ago,
attorneys for the State said that despite attempts to
introduce the idea of a "shenat hachra'ah," which
offers yeshiva students an option to set their studies aside
at the age of 23 to enter the job market following which they
are eligible for shortened military service if they elect to
continue working, only 31 yeshiva students actually pursued
this option over the past three years that the legislation is
in force. The petitioners sought to use this figure to
demonstrate that the existing provision for military
deferments should be altered further in order "to encourage
yeshiva and kollel students to enter the
workforce."
Upon hearing that 41,000 yeshiva students currently receive
military deferments, Judge Cheshin said, "This number has
grown. Vayirbu vayifru vayishretzu beme'od me'od," a
sardonic misquoting of the verse, "Uvnei Yisroel poru
vayishretzu vayirbu vaya'atzmu beme'od me'od . . . "
(Shemos 1:7).
Later on in the hearing Judge Cheshin said, "The law was
passed three years ago. Now the State is saying it will
convene a committee, meaning these three years have been in
vain. It could be that the five years the State is asking for
will turn into ten years since so far nothing has happened.
When five years go by they will come and tell us, `Give us
another five years.' In my innocence I thought the idea was
they would have to enlist in the IDF like everybody, like our
children."
Judge Cheshin's stark remarks against the Torah world and the
entire chareidi sector stirred severe reactions since his use
of the word "vayishretzu" carries bigoted connotations
and his remarks in general, which revealed fears of the
natural growth rate of the chareidi population, were of a
nature no judge would dare to use against any other segment
of the population, including the Arab sector.
Yated submitted several questions to Judge Cheshin and
to Chief Justice Barak through the High Court spokesman. 1]
Was Judge Cheshin aware of the Biblical source of the words
he used which are used in context to explain the racial
hatred that the Egyptians developed for their Jewish
citizens? 2] Does Justice Cheshin not think that the Court
should avoid statements such as his, which destroy any
appearance of neutrality and objectivity towards the subject
at issue before the Court? 3] In saying, "like everybody,
like our children," to whom was Judge Cheshin referring in
saying "our children?" Was he trying to set up a contrast
between "our children" and some "other children?" Does this
expression not indicate that the Justice sees himself as a
party to a dispute between "our children" and "their
children" who is concerned to avoid discrimination between
"our children" and "their children?" And if so is it not
proper for him to recuse himself? 4] Does Justice Cheshin
still stand behind his statements?
After almost a full day the following cryptic reply was
received: "If this is how it was understood, it is not worthy
of a reply."
Deputy Minister MK Rabbi Avrohom Ravitz said, "A judge in the
High Court, the body that most stands for the `morality' and
`culture' of the State of Israel, who expresses himself in
such a bigoted way against the chareidi public, should not be
making any comparisons between `our children' and `their
children.' If so, we are not on a single platform. His people
are not my people, his ways are not our ways, and we have
nothing to say to those who rise up against us to destroy
us."
According to MK Rabbi Moshe Gafni, "He is an ignoramus
estranged from the contribution of lomdei Torah to the
Jewish people from the time of our formation as a people to
the present day. His remarks are those of a rash individual
who has proven once again the total lack of faith the
observant public has in the High Court judges in matters of
religion and state and in issues of values and conscience.
"Judge Cheshin should disqualify himself from hearing the
case since he expressed his opinion against lomdei
Torah. His backwards views on the issue even distort his
view and reading of the law passed in the Knesset and he
alone vests in himself the power to judge. The dispute
between the government ministries regarding budget funding
for the various sections of the law demonstrate once again
there is no need and no funding available to recruit yeshiva
students and Judge Cheshin is waging an ideological war from
the court bench. The Torah world existed before him and
be'ezras Hashem it will continue to exist after him
based on the promise of Borei Olom, `ki lo sishochach mipi
zar'o.' "
