The “Tal” law
For many years it was a common understanding that ultra-orthodox youngsters are not to serve in the IDF. It was said that this is due to the need to have some of the nation busy with learning (the Torah). In the past it was a practice used as well: the most exceptional great students of the Jewish nation were never called to fight the wars of the community due to the need to keep the importance of studying and wisdom.
When the state of Israel was born it was Ben-Gurion who decided that the defence minister would be able to let a few hundred ultra-orthodox yeshiva students keep studying instead of serving in the IDF. It was a compromise with the “Chazon Ish”, a famous anti-Zionist ultra-orthodox rabbi who lived in Bnei-Brak (near Tel-Aviv).
This world famous Chazon Ish Rabbi thought studying torah is the single one most important thing to do. This is why he thought the army service is not for Yeshiva students. Ben-Gurion, maybe because of political reasons (to have the Ultra-Orthodox party – “Agudat Yisrael” as part of the coalition) agreed to not draft 400 students (by 1948).
By 1968 the defence minister Dayan increased the number to 800 men. But when years passed the Charedi community was growing larger very fast. By 1999 almost 32,000 men didn’t join the IDF, and by 2005 this number was more then 41,000 men.
The huge increase of number led to a long debate within the Israeli society. At one point the Supreme Court had to decide if this special arrangement was legal or not. The Supreme Court didn’t want to do the work of the government and parliament so decided to throw the ball back. Now the government, then led by Ehud Barak, had to act. So they decided to appoint a special committee to study the issue and report back. The chairman of that committee was Tzvi Tal, thus the name of the Law is named after him – the “Tal” Law.
The committee has suggested a very practical and complex law which will maintain the possibility of some of the ultra-orthodox men to keep studying and avoid draft, while others would have to choose if to serve 4 months and then join the reserve army or work for a year as a national servants. The latter was meant to be a part of a large scale project that already exists, which allows the more religious youngsters to serve society when they finish high-school but still avoid the army. Some of the yeshiva students according to the plan would be forced to find a job as well and not only study. (In Israel if one is a yeshiva student only, and gets recognized by his yeshiva and the local chief rabbi as such, he gets support (benefit) from the country while not working at all).
The parliament has adopted most of the Tal committee suggestions under what was called the Tal law. But in practice not much was done. The law was meant to operate for 5 years and then to be revised. In the meantime many hoped the ultra-orthodox society would change. But it didn’t happened.
The Supreme Court again decided in 2006 that the law was not working so there is still a massive unjust and discrimination of those who are not yeshiva students (those are the majority).
But the Olmerts government have decided to keep the Law for 5 more years, even if it failed so far. Probably this is again due to political reasons. So now there is again a chance that the supreme court will have to take a decision: is it according to the values of the state of Israel to let more then 41,000 youngsters not to serve in the IDF only because they are studying in Yeshivas?
What do you think?
May be it is important to let those who want to study torah to do so, because this is the hard core of the Jewish people? Maybe only limit the number of those who will not be drafted? Or maybe let any youngster in Israel to choose if to serve in the IDF or not? But then who will guard the borders of Israel and fight the different enemies daily?
For more information read:
http://www.haaretz.com/hasen/spages/827428.html
http://www.haaretz.com/hasen/spages/827430.html
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