At the beginning of July the law for deferment of yeshiva
students from service in the IDF was passed on its first
reading, followed immediately by practical preparations for
the final stages of the legislation. The Knesset Committee,
bowing to demands from various MKs, decided to appoint a
special committee to discuss the law's exact text in
preparation for its second and third readings. For a few
weeks it took a back seat to the dramatic events at Camp
David, but now it has returned as Prime Minister Barak
attempts to restore his battered government, to include Shas
and UTJ, perhaps from the outside.
This law was passed only because of the High Court's ruling
about eighteen months ago that ordered the Knesset to decide
whether to legalize this deferment or discontinue it
altogether. Last year after Ehud Barak was elected prime
minister of Israel and he began negotiating with political
parties for their support, maranan verabonon shlita
instructed the United Torah Jewry representatives to demand
legislation for this deferment as the one and only condition
upon which they will support the coalition government, and
not to ask for any government ministries or any other
responsibilities.
With the passing of the law's first reading, the coalition
government has begun keeping its commitment, albeit after a
long delay of many months, to ensure that deferment for
yeshiva students will not be an unceasing goad for public
debates and petitions to the High Court. UTJ insists that the
section in the current law that requires it to be approved
anew every five years be stricken before the final vote, to
avoid arguments (and the necessity for what they always call
"blackmail") every few years. Nonetheless, the gedolei
Yisroel directed that even the flawed draft of this law
be passed and the necessary corrections be inserted before
the final bill is voted on.
During the stormy parliamentary debate on this
bill that Barak's government submitted to the Knesset, UTJ
representatives reminded the MKs that a long time ago the UTJ
placed a simple bill before the Knesset. That short and
concise bill was intended to legalize the present condition
because of the High Court's ruling. The bill contained one
line only and read: "The Minister of Security is authorized
to grant a deferral to someone who meets the conditions of
Toroso umnoso (for whom his Torah studies are his sole
occupation)." Very simple. The same situation would continue,
nothing more, but also nothing less. What was in effect for
more than fifty years should continue as before. If the High
Court orders that parliamentary legislation must authorize
the Minister of Defense to defer the army service of whoever
he wishes to defer, that legislation could have done it in a
few simple words.
This reminder was intended to criticize the deliberate and
artificial storm created by many politicians in the middle of
August. What was the reason for such a commotion? What has
changed?
UTJ also wanted to condemn the delay in presenting this bill
by the Prime Minister, and the form in which it was
eventually presented, as the UTJ representatives noted during
the Knesset debates.
Instead of asking any novice law student to write up a simple
text of one line as the UTJ demanded, the Prime Minister
preferred to complicate the whole matter and drag his feet
for a whole year. By his doing so, the issue remained on the
public agenda for many long months and the suggested plan was
generally regarded by society as unjustified. Had the Prime
Minister at the outset of his government presented a similar
bill to be voted on immediately, the whole painful process
could have been avoided. At that time it would have been
easier for him to enlist the support of all coalition members
who were eager to begin enjoying the pleasure of governing
the country, instead of waiting for them to be comfortably
settled in their overstuffed chairs for a whole year.
How unfortunate it is that the bill finally presented by the
PM is not to everyone's satisfaction. "Many MKs, myself
included, find fault with either the law in general or many
of its paragraphs," said Rabbi Moshe Gafni, a UTJ
representative. He explained: "I am against the concept of a
temporary provision in this law, meaning that every five
years we will be subject to political extortion.
"There have been complaints that civilian service (offered by
the new law as an alternative to army service for chareidim
who at a certain age want to stop studying Torah full time
and to join the working force) is a lack of equality. I
answered: `Did we ask for this?'"
Rabbi Gafni explained that surely civilian service for
chareidim who do not study Torah instead of military service
is discriminatory and inequitable but "we did not ask for
this. We demand only that someone who studies Torah be
deferred from military service. This is completely equitable
since he serves and protects the nation with his Torah.
However, we are not asking for special benefits for those who
do not study Torah."
The message Rabbi Gafni conveyed in the Knesset plenum and on
the media was echoed by other UTJ MKs who declared their lack
of satisfaction with the proposed bill.
At Chanukah 5759 after the High Court delivered
its decision, Yated Ne'eman printed a kol korei
from maranan verabonon the gedolei Yisroel
shlita under the title of Eis Tzoroh LeYaakov. In
this letter, signed by all members of the Moetzes Gedolei
HaTorah, they protested ardently against the High Court and
its attempts to cancel the deferral arrangement of Toroso
umnoso. The gedolei Torah wrote: "Any change or
compromise in the present arrangement is out of the question -
- under any circumstances."
This declaration has been the stand taken by the gedolei
Yisroel and the chareidi public since the State's
inception. The arrangement intended to allow yeshiva and
kollel students to study without disruption should not
be changed. As mentioned, this arrangement is meant only for
those who study Torah and not for chareidim who work.
But Ehud Barak tried constantly to give special bonuses to
someone who discontinues his Torah studies and leaves his
status of Toroso Umnoso. UTJ representatives have
clarified repeatedly that according to the directions of the
gedolei Yisroel we only demand deferment for those who
are Toroso Umnoso and we do not ask for any privileges
for chareidim who work.
The PM, however, decided to include this matter in the
coalition agreement and he even inserted it in an additional
paragraph. Barak claims that this arrangement is for "the
benefit of the chareidim" since it offers easier terms for
those who have decided to leave their status of Toroso
umnoso. He and his advisers want to encourage chareidim
to join the work force.
The PM and his colleagues argue that they are not injuring
the deferral arrangement. On the contrary, on their own
initiative they are including benefits for those who are not
Toroso umnoso such as civilian service instead of
military service and other benefits. He also claimed to be
compelled to do so.
When the law came up for debate in the Knesset we learned
from personal experience that what did not seem to be a
change for the worse is liable to destroy the entire deferral
arrangement because of the feeling that a change is being
made "in which the chareidim will gain." Various political
spokesmen attacked the new sections in the law referring to
those who are not Toroso umnoso. They asked what
justification is there to give deferral or reduce military
service for someone who is not Toroso umnoso -- it
being a deviation in the status quo and not anchored
in the historical need of those who study Torah. This is
evident discrimination and lack of equality between
citizens.
The above was asserted again and again in the middle of July,
in interviews with the media and newspaper articles. Many
politicians hastened to condemn the chareidim who are
"exploiting" the arrangement for those who are Toroso
umnoso to obtain privileges even for those who are
not.
We should point out that the UTJ representatives deserve
praise for their endless efforts to clarify that this
"addition" to the law was not initiated by them and they have
no part in it. Their competent reaction was most
unfortunately in vain: "This is `your' law' and it was passed
because you demanded it," argued those opposing the law. They
had difficulty accepting the simple truth that the benefits
for chareidim who work were not proposed because we demanded
them.
Let us make one point quite clear: Chareidim are not in favor
of military service in the present Israeli army. It is no
secret that military service causes spiritual danger for all
who join its ranks, and as any religious Jew who went into an
army base will testify. It was for good reason that Ben
Gurion defined the army as a "melting pot" that bequeaths the
secular and Zionist character to every citizen. This,
unfortunately, is the reality.
Any religious Jew who left full-time Torah study and is
drafted into the army prays that he will be rejected and so
spared from certain spiritual damage. How fortunate indeed if
his tefillos are answered. This ideal is our
aspiration, but we are well aware that in actuality we cannot
demand privileges for religious Jews in military service and
surely no hope exists to legislate this in the present
reality. We can only demand the minimum that is vital for us:
a deferral for those who study Torah. We are unable to help
those who have ceased studying and are not even asking for
any law to award them special privileges.
It will therefore be inconceivable to demand advantages for
those who are not Toroso umnoso since by demanding too
much we will not gain even what is vital for our existence.
It would jeopardize society's acceptance of the present
condition that takes into consideration those who study Torah
either because of the status quo or in recognition of
the historical value of studying Torah.
How foolish are the secular elements who blame us for those
sections in the law for which we never worked, the sections
inserted at Barak's insistence create the false impression of
our asking privileges for those who left the beis
midrash.
We must clarify again that we want no change at all neither
to hurt nor benefit us. We ask for no privileges for those
who do not study Torah full time since that will surely be
considered a lack of equality. We are only demanding to
maintain the current condition that was in effect since the
establishment of the State.
In conclusion, the heads of government should realize the
eternal Jewish truth, which even Bilaam had to admit when he
blessed the Jewish Nation whom he wanted to curse. "How good
are your tents Yaakov." The Seforno explains: "These
are the `homes' of Torah as `sitting in tents' and `he
dwelled in the tent of Shem' and also `anyone who would seek
Hashem would go out to the ohel mo'ed.' Bilaam said
`How good' since they benefit the whole nation not only those
who are engaged in them."
This is the most important task for us today: We must ensure
the existence of "homes of Torah" that will benefit all of
the Jewish Nation with the Torah they study.
