High Court Rules Tal Law Cannot be Extended

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The High Court today, Tuesday, 28 Shevat 5772 ruled the Tal Law grant a draft deferment to chareidim will not be renewed when it expires in August. The court’s ruling was handed down in a 6-3 majority of the panel of nine justices. The justices in their ruling prohibited the Knesset from extending the law when it expires on August 1, 2012.

The decision will undoubtedly result in a flurry of legislative activity from chareidi MKs who will seek to pass a bill into law that will circumvent the latest High Court ruling. A law to undo the realities of Tuesday’s decision would compel a “Basic Law”, not just a regular bill, but one that is equivalent of a constitutional change.

In the event this is not accomplished, the veil of protection providing draft exemptions to avreichim would be lifted and they would be compelled to address draft notices.

The issue of chareidim serving in the IDF has been ongoing for decades and the issue resurfaces from time to time. This court’s decision on Tuesday is not unprecedented regarding the need for the Knesset to amend or circumvent a court decision in the name of protecting a Torah observant lifestyle.

One such example occurred about 18 years ago when the court passed a law permitting one to engage in whatever business one wished, the “Chofesh Ha’Isuk Law” that opened the door for importing treif, a landmark decision at the time. The Knesset amended the law to prohibit the importation of treif and a similar move can be expected in the coming months amid threats to topple the coalition by Shas and Yahadut HaTorah. It must be pointed out that the Tal Law was designed to be a temporary solution so one can expect significant resistance to attempts to circumvent the High Court’s decision.

MK (Yahadut HaTorah) Yisrael Eichler decried the court’s interference and its increasingly common practice of overriding the Knesset. He explained that since the nation does not have a constitution, the court cannot possible decide what is and is not illegal, calling its decision declaring the Tal Law “illegal” absurd.

(YWN – Israel Desk, Jerusalem)

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9 COMMENTS

  1. Its time for us chareidim to contribute to Israels economy by working and getting a good education,the gemarah says clearly we should teach out children profession and increasingly allot of haraedim that find themselves without any skills when they have to go out to work after sitting in kollel for 10 and are suffering greatly .we cant ignore this anymore.

  2. 1. The Knesset can overrise the Supreme Court by passing a “Basic law” – 61 votes required.

    2. The Hareidim can allow themselves to be drafted and engage in civil disobedience and sabotage.

    3. And of course, we should remember that almost all non-communist countries allow conscientious objection to military service on religious grounds, so the conscription of unwilling Hareidim will arguably be a violation of international human rights law.

    4. The Israeli Hareidim could demand that the army fully accomodate Hareidim, and allow them to serve in all units without discrimination – meaning all units would have to be run like Nahal Hareidi.

    5. The Medinah’s only reason it wants to draft Hareidim is in the hopes that it can force them to give up Torah. Bottom line – resistance to Avodah Zarah be-Tzibbur is allowed by halacha.

  3. We all know what is going on here. Nobody expects that the law will not be renewed. This all just a PR campaign to make chareidim look bad.

    We all know chareidim cannot go to the army. The army does not allow them freedom of worship and religion. This has been shown numerous times in recent months.

    And we all know you can’t work without going to the army.

  4. come on people, don’t you see what’s happening? even if all the frum units will be 100% mehadrin (food, men, davening, etc.) – do you realize what a churban this would be? all young men will have to stop learning at age 18 – where will the torah come from?

  5. Hashem yishmor!!! Can not be!!!
    The Torah is what keeping us from another Shoah. Every avreuch equals lots of saved lives.
    אם לא בריתי יומם ולילה חוקת שמיים לא שמתי
    Hashem says he created the world for the sake of Torah only. Common, this government is erev Rav. The worst. May Hashem bring Mashiach soeadily

  6. Hashem fights all our battles when we are worthy – when there are religious Jews in the army, all you need are a few good men. When Jews look up to Hashem for salvation, Hashem lets us win.

    IT’s time to let the chareidim take over the IDF or form a religious IDF with the name like Macabees!