Reply To: Moshe Rabbeinu criticizes 2 tribes for not wanting to fight for the Land

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ZSK
Participant

This is my final post here for a while because this is admittedly a pointless argument and one I am no longer willing to engage in.


@Yankel
:

This is not an opinion. From a stricly legal persepctive, the draft is completely legal.

The 1949 Defense Service Law, which predates the now unconstitutional 2002 Tal Law (and by extension the Torato Umanuto Arrangement) by at least 50 years, requires military service of all Israelis. It does not differentiate between Charedim and everyone else. Yes, there was an “agreement/arragement” not to draft Charedim, but an agreement not ensconced in binding law passed by the Knesset is quite frankly worthless. This is the case right now. There is no permanent legislation granting Charedim full, permanent exemption from the IDF service.

From the law on the Knesset website:

“In this Law-
“defence service” means
(a) service in the Regular Forces of the Defence Army of Israel (hereinafter: ‘regular service”);
(b) service in the Reserve Forces of the Defence Army of Israel (hereinafter: reserve service”);
“ordinary resident” means a person whose ordinary place of residence within the territory in which the law of the State of Israel applies;
“person of military age” means an ordinary resident of an age as specified hereunder:
“(a) in the case of a male person – any age from eighteen to forty-nine years inclusive;
(b) in the case of a female person- any age from eighteen to thirty-four years inclusive.

The exemptions are:
(1) the mother of a child;
(2) a pregnant woman.
(c) A married woman shall be exempt from the obligations of regular service.
(d) A female person of military age who has declared that reasons of conscience or religious conviction prevent her from serving on defence service, shall, in such manner as shall be prescribed by regulations, be exempted from the obligations of defence service”.

The punishment for draft-dodging, per the law is, “imprisonment for a term not exceeding two years or to a fine not exceeding six hundred pounds or to both such penalties”.

Thus, Charedim are not exempt from service. Yeshiva students are not exempt from service. Hesderniks are not exempt. By law, the only groups with valid exemptions are those with medical conditions (including psychological and psychiatric), Olim and women (Sections 11 and 6 of the law). Based on this law which does in fact remain in effect, IDF service enforcement is not kidnapping. It is arresting those in violation of the law and those violators should be required to serve or produce a valid exemption in order to not serve.

Now, as for the so-called Tal Law: That law was declared discriminatory in 2005/2006, again in 2012 and most recently in 2017, whereupon it was essentially declared unconstitutional. It is a piece of legislation no longer relevant despite what you and I think about the HCJ and their technical ability to declare laws unconstitutional.

There isn’t much else to say about this.

Be well.