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A Bit Of History Surrounding The New Draft Law


There is much talk surrounding a new draft law to satisfy the chareidim, even talk of heading to early elections as a result of the conflict.

Some are trying to understand what is taking place, asking why a new draft law and what was the situation previously? The following is a very brief overview of the draft laws and the current situation.

In 2002 the Tal Law was passed, named as such in honor of retired justice Tzvi Tal, who headed the committee that drafted the legislation. That law sought to encourage chareidim to enter the IDF by providing a number of years to study in yeshiva gedola prior to enlistment.

At least five petitions were filed against the Tal Law with the High Court, challenging its legality, during this ten-year period.

In 2012, the High Court of Justice decided the Tal Law was a failure as it did not meet its objectives as avreichim went on to work and have families, not the military. Hence, the court disqualified the law, leaving chareidim vulnerable to the regular draft as there was no special legislation protecting their status as lomdei Torah. The law would expire in August 2012 and the Knesset had to decide to extend it for six months prior to the expiration. Chief Justice Aharon Barak said all citizens must share the security burden equally.

In 2014, the coalition including Yesh Atid ran the nation and they amended the draft law again, highlighting the ‘sharing the burden’ concept of Justice Barak.

In 2015 there was discussion again, this time to set criteria into the law to determine who is a chareidi.

In September of last year, the High Court once again struck down the current draft law, giving legislators a year to come up with a solution. With that deadline rapidly approaching, lawmakers are trying to push through a new draft law, which is at the heart of the current coalition crisis. One component of this effort is to make the new law a Basic Law, citing limud Torah is the highest value achievable and one involved in full time study is therefore discharged from military service.

Deputy Health Minister Yaakov Litzman has stated numerous times in recent weeks, that failure to pass a new draft result in this government heading to early elections as Litzman insists he will not support the state budget until after the new draft bill is passed into law.

(YWN Israel Desk – Jerusalem)



3 Responses

  1. Exactly. What about the quotas of chareidi bochurim that by law must enlist each year, otherwise all bachurim are subject to the draft?
    What about the new recent regulations allowing the idf to basically arbitrarily cancel religious exemptions for girls?

  2. “limud Torah is the highest value achievable and one involved in full time study is therefore discharged from military service”
    Correction: “limud Torah is also a high value (as are other secular values recognized by the state) and one involved in full time Torah study is therefore exempt from military service as long as he learns”

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