Israeli finance minister supports 16 Orthodox soldiers who refused to conduct Gaza mission due to presence of female medic

Sixteen Orthodox soldiers from the Givati Brigade’s Rotem Battalion ​​who refused to board an armored personnel carrier because a female paramedic was assigned to the operation have been tried and will be sent to a military prison, the IDF announced Sunday night. 

The incident took place last Tuesday, when the Orthodox soldiers refused the order to enter the APC due to the presence of the female medic. 

The Rotem Battalion is not a dedicated Haredi unit, and men who serve there could have to serve alongside female soldiers. The IDF often tries to accommodate the religious convictions of such soldiers, however, in this incident, the operation had been approved by the brigade rabbi. 

According to reports in Hebrew media, rather than rely on the ruling of the brigade rabbi, several of the soldiers contacted a rabbi outside the military, who advised them not to enter the APC with the female soldier. As a result of the refusal, the operation was canceled. 

Right-wing opposition politician Avigdor Liberman slammed the decision to consult rabbis outside the military. 

“Anyone who has a question, comment, or issue regarding halachic matters should deign to approach the Chief Military Rabbi, who is the exclusive authority on religious matters in the army,” Liberman wrote to 𝕏 at the time. “The army has one commander – the Chief of Staff – and one rabbi—the Chief Military Rabbi.” 

At that time, the IDF said the incident would be investigated and that “command measures,” including disciplinary action, would be taken. 

The soldiers, members of a so-called Hesder yeshiva, were sentenced by the battalion commander according to the extent of their involvement in the incident. 

The 5 soldiers who led the incident were sentenced to 10 days in prison, while the other 11 soldiers were sentenced to 5 days in prison. The five soldiers sentenced to 10 days' imprisonment will have to undergo an evaluation committee before returning to combat roles. 

Hesder yeshivas are a project, often under the religious Zionism framework, in which students combine biblical and rabbinic studies with a period of IDF service. The Hesder program lasts five years, of which about 16 months are spent in active military service. 

Hesder programs allow many Orthodox men to fulfill their mandatory military service within an Orthodox framework. 

Last week, the Hesder Yeshiva Union backed the soldiers’ decision not to board the APC. 

“The Hesder Yeshiva Union supports the Hesder Yeshiva fighters who did not agree to board a mixed-gender unit,” the union said in a statement. “The soldiers acted in accordance with the Joint Service Order, and the IDF is expected to uphold and respect the order and allow a soldier who observes Halacha [Jewish law] to serve according to his faith, and accordingly, of course, there is no reason to punish soldiers who acted in accordance with the order.” 

The union complained of “a great weakening of commanders' compliance with orders that allow a soldier who observes Halacha to serve according to his faith, which tramples on the rights and lifestyle of soldiers,” saying, “This must change, and quickly!” 

On Monday morning, Finance Minister Bezalel Smotrich, head of the Religious Zionism party, announced his support for the 16 soldiers. 

“I back the Gva'ati fighters who insisted on their right and duty to serve in the IDF, while preserving their values and faith and while strictly adhering to the order of appropriate integration,” Smotrich wrote to 𝕏. “The fighters have the full backing of the rabbis and leaders of the Hesder Yeshivot Association, who examined the issue in depth and with due caution, and stand behind the decision.” 

Smotrich also stated that he would “demand answers from the IDF regarding the incident. 

Prime Minister hopeful, and head of the Yashar! Party, Gadi Eisenkot, attacked Smotrich for supporting a refusal to serve, and “draft-dodging.” 

“This is not the first time that Smotrich calls for refusal to serve,” Eisenkot wrote on 𝕏. “A minister in the Ministry of Defense who promoted draft dodging during wartime and continues, all the while, to invest in dismantling the IDF and to act determinedly to harm the command, the values of the IDF, and the public's trust in it.” 

Knesset Member Chili Tropper, chairman of the Zionist-Reservist House party, also criticized Smotrich for supporting a refusal to serve. 

“Refusing an order, certainly in operational activity, should be out of bounds,” Tropper wrote in a statement. “Any claim about IDF mistakes or deviations from orders should be clarified in the usual way, and not through refusing an order.” 

Tropper also said that if each soldier is able to decide the religious legitimacy of an order, it could break unit integrity necessary for the military. 

“If every soldier determines what is considered “Pikuach Nefesh” [a category of rabbinic law related to saving a life] and determines his own missions - the IDF will be torn apart and Israel's security will be harmed,” Tropper warned. 

According to the principle of Pikuach Nefesh, religious laws, including those from the Torah, can be set aside in order to preserve life, which is considered a greater value. The principle is derived from Leviticus 18:5, which states, “And you will keep my laws and my judgments, which the man does them will live by them, I am the LORD.” 

Rabbinical tradition understands this to mean that the commandments should lead to life, and the saving of life is grounds for setting aside many, but not all, of the Torah’s laws. 

Several Israeli accounts on social media also slammed Smotrich for promoting refusal, stating that the mission could have involved the rescue of injured soldiers, thus placing the issue of Pikuach Nefesh at the forefront of the debate over the incident.