The bill for deferred induction of talmidei yeshivos,
known as the "Tal Law," was approved last week in the Knesset
plenum, including a key paragraph that allows the Defense
Minister to postpone, with no time limitations, restrictions
or quotas, the military service of any talmid yeshiva
or avreich for whom Toraso umnoso.
The story of this paragraph, the impetus for the entire
campaign surrounding the proposed legislation, began several
years ago when a High Court appeal was filed by Meretz MKs,
and ended only when the legislation was finalized last
week.
The Meretz-sponsored High Court appeal opposed the
arrangement accepted since Israel gained statehood and based
on the authority vested in the Defense Minister. Following a
number of sessions held to deliberate the issue, four years
ago High Court judges determined the arrangement was illegal
because it has no grounding in law, and instructed the
Knesset to legislate such a law, or else the Court would have
to intervene.
When the Netanyahu government fell and elections were held
for the current Knesset, then Labor Party Chairman Ehud Barak
won, and he set up a broad government numbering 80 MKs.
Based on instructions by gedolei Yisroel United Torah
Jewry joined Barak's coalition, but did not accept any post
or take any job, such as is usually part of coalition
agreements. Based on a party's size and bargaining power, it
usually gets special posts for several of its MKs, including
Cabinet positions and chairmanship of Knesset committees.
UTJ's coalition agreement with Barak ignored all this and
focused on a single issue: legislating a law that would
regulate the deferred induction of talmidei yeshivos,
following the High Court ruling that required legal steps and
litigation to be held. All chareidi representatives asked of
Barak -- at the behest of gedolei Torah -- was, "Give
me Yavneh and its scholars."
Contrary to the reputation of the chareidi community, the
main focus of UTJ was to fulfill the Court's directives and
not to defy it.
Upon the completion of negotiations that lasted for several
weeks, an agreement was reached to set up a public committee
headed by former High Court Judge Tzvi Tal, whose task would
be to formulate a proposal amenable to all sides regarding
the regulation of deferred induction.
The meetings held by the committee, which included chareidi
members, continued for an extended period. Even though the
UTJ coalition agreement included a timetable for the
committee and passage of the legislation, it was not met. The
committee interviewed numerous individuals from various
sectors and at the end of the series of meetings submitted
recommendations to the government, all of which were inserted
into the draft of the bill.
After the recommendations were submitted two-and-a-half years
ago, the Barak government approved the bill, originally
received as a recommendation, thereby transforming it into a
government-sponsored bill submitted to the Knesset for its
first reading. From that point onward the Barak government
applied pressure and recruited coalition members to get the
bill passed in the first reading. The entire Labor Party was
mobilized to get the bill passed and it was indeed approved
in the first reading.
Gedolei Yisroel, who had instructed UTJ MKs to join
the Barak government only in order to get the bill passed,
never expressed satisfaction or assent to various paragraphs
introduced into the bill. In fact on several occasions they
revealed that they would prefer to see a one-paragraph law
with no additions, a law whose sole purpose would be to meet
the legislative requirement imposed by the High Court,
authorizing the deferral of service for yeshiva students.
Although numerous other paragraphs were added -- despite
concerted efforts to drop them -- gedolei Yisroel
still said the bill should be supported as long as it
achieves its primary goal.
The Knesset approval process was accompanied by a tremendous
incitement campaign against the chareidim, waged in the
streets and in the media. The wide-ranging campaign was led
by Shinui, Meretz and a non- parliamentary movement called
Hit'orerut. A protest tent was even erected outside the Prime
Minister's office, drawing large numbers of supporters,
including politicians.
After the bill was passed in the Knesset, a special committee
was commissioned to prepare it for its second and third
readings. The committee, with the consent of chareidi
representatives, was headed by then House Committee Chairman
Salach Tarif of the Labor Party. The committee began to meet,
but as could be expected considering the complexity of the
bill, the meetings dragged on for an extended period.
Eventually the High Court had to grant an extension to
complete the legislative proceedings.
In the meantime, lacking concrete legal sanction at a certain
point, the delayed induction of talmidei yeshivos was
deemed invalid, a determination that posed a palpable threat
to the continued existence and flourishing of the yeshiva
world, requiring an accelerated legislative channel to settle
the matter. Toward the end of the Barak government, the
current Knesset legislated a temporary measure by MK Yitzhak
Cohen of Shas, which regulated deferred induction by
continuing the previous arrangement for a period of two
years.
The legislation of the temporary measure was achieved through
siyata deShmaya: it was one of the only times in the
history of the state that a bill -- following a preliminary
vote, three readings and committee deliberations -- was
passed within 24 hours.
While the special Knesset committee continued its series of
meetings, the Barak government fell and prime ministerial
elections were held between Barak and Ariel Sharon. Sharon
won with a decisive majority and, by joining his coalition,
UTJ once again secured coalition backing for the legislation
of a law to regulate deferred induction.
MK Salach Tarif joined Sharon's government as a minister,
which compelled him to resign from the special committee, to
be replaced by MK Yossi Katz (Labor), who also replaced Tarif
as chairman of the House Committee. Katz promised the
chareidi representation that the law would be passed as soon
as possible and without added impediments, but he did not
always stand up to his word, particularly when he tried
recently to introduce a condition that would require every
talmid yeshiva to do two weeks of public service
annually.
Last winter the High Court rejected another appeal against
the legislation of a temporary measure and granted the
Knesset another extension to complete the legislation of the
deferred service law. Katz pledged to the High Court judges
he would hold intensive, continuous meetings.
The new law includes a paragraph called the Decision Year,
which allows a yeshiva bochur at age 22 or older to
leave the yeshiva for one year for any purpose. At the end of
the year he has an option to return to the yeshiva without
foregoing his status of Toraso umnoso or to do a year
of civilian service. Those who choose the public service
option must then do 21 days of service annually after the
first year (instead of reserve duty). Health care, welfare,
immigrant absorption, environmental protection, emergency and
rescue services and internal security are considered public
service for these purposes.
The law also stipulates that a talmid yeshiva or
avreich kollel must study at least 45 hours per week,
not including vacation time.
Another paragraph gives the law validity for a period of five
years, after which the Knesset may extend the law for another
five-year period. Deliberations over extending the law must
take place at least six months before the end of the first
five-year period.
The law will take effect six months from now to provide the
system time to prepare to implement it, but the new law will
apply ex post facto, affecting even postponements granted to
yeshiva bochurim before the law was passed.
Chareidi MKs, following the instructions of gedolei
Torah, made great efforts to modify or remove the
paragraphs dealing with the Decision Year, public service,
the five-year validity period and the minimum hourly
requirement (particularly for avreichei kollelim), but
all of their proposals were rejected by the majority of the
Knesset.
Despite these significant concessions chareidi MKs supported
the bill in accordance with directives from gedolei
Torah, whose decision was based on concerns over the dark
clouds hovering overhead ever since the High Court ruling was
issued, threatening the continued existence of the Torah
world.
