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Jun 23, 2013
Proposed Law: exempt Haredim from army service based on religious conscience
An interesting law has been proposed that might solve the rift in society over the issue of drafting the Haredim. I do not see it having much of a chance at passing, in part because it has come from the opposition but also because some of the main obstacles are not resolved by it.
MK Meirav Michaeli (Labor) has proposed a law that would give a blanket exemption to Haredim (they are not specified in the law proposal, but would seemingly be the main beneficiaries of it) from army service for reasons of conscience.
According to Michaeli's proposal, anybody coming up to the draft who meets the following three criteria would be automatically exempt from service:
MK Meirav Michaeli (Labor) has proposed a law that would give a blanket exemption to Haredim (they are not specified in the law proposal, but would seemingly be the main beneficiaries of it) from army service for reasons of conscience.
According to Michaeli's proposal, anybody coming up to the draft who meets the following three criteria would be automatically exempt from service:
- submitted by a given time period a declaration to a judge or beis din stating that he/she has 1) religious reasons preventing such service 2) he/she keeps kosher at home and outside of the home 3) does not travel/drive on Shabbos
- learned in a religious institution (various types are listed) during the 8 years prior to the request for exemption
- the applicant passes an exam testing their knowledge in Torah (the content and type of the tests will be decided in the details of the law)
MK Michaeli says that this proposal is an extension of the current law that already allows an exemption for conscience based on religious observance. This exemption has never been challenged, but it has only been applied to women. This proposal would extend it to men as well - it would actually make it entirely non-denominational - anybody from any community could request the exemption if they meet the criteria by law.
According to Michaeli, the benefit of this law over previous attempts to resolve the issue by laws is that this law dissociates the army service exemption from learning in yeshiva. Every person, each and every haredi youth (here in the explanation of the proposal Michaeli does specify haredim) would be able to make his or her own decision as to whether or not to join the army or request an exemption. Currently the exemption and deferments are given en masse to the community of yeshivot, and the threat of a draft allows the yeshivot to lock the boys into yeshiva - even those boys not interested in staying and studying - and keeping them there and in the community for many years. This law proposal takes that power away from the rabbonim and puts the decision on each individual.
Without even reading further, that last sentence alone might make the haredi parties oppose the proposal, even though it would solve their army problem and despite it being proposed by a fellow Opposition MK. The law states specifically that it is looking to take the power away from the community and away from the rabbonim and give it to each and every haredi youth. I don't think the haredi parties want that. And that might explain why I have not been able to find any mention of this law proposal in any of the haredi news media.
Back to the proposal - in order to prevent the law from being taken advantage of, by non-religious people who just want to get out of the army service, the testing requirements for qualifying for the exemption will be expanded and the applicant will have to have studied in a religious institution for 8 years.
I might say that this hurts people who are baalei teshuva at the age of 18-21, or even anywhere near it (any time after 10 years of age can be a problem). If they only learned in a religious school for a few years and want the exemption because now they want to study in yeshiva or they have decided their religion does not allow them to serve, they will not qualify. Each person will have to have learned for 8 years in a religious institution.
I opened by saying this law does not solve the main obstacle - that is, the general public has come to see the haredi lack of service in the IDF as being a problem of inequality. The haredi young men and women sit at home, their mothers don't wait in worry for them to return home, they are not being harmed in battle and in operations, while the youth and mothers of the secular community are doing all that. This law does not change that, and it will not solve that resentment.
It might do something for allowing more haredim to choose to serve, but I think more will choose not to. Even so, they will then receive a full exemption rather than a deferment, and if they do not want to stay in yeshiva, they will be able to go study for a vocation or college and get a job or go traveling. In my opinion, that getting haredim into the workforce is more important than getting them into the army, this could be a good resolution. But it does not solve the obstacle that has become the main focus of the general public - the lack of equality in service.
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Quote: "it would actually make it entirely non-denominational - anybody from any community could request the exemption if they meet the criteria by law"
ReplyDeleteHuh? Sounds completely denominational. How can a religious non-Jew be reasonably expected to pass a Torah test?
I said it is non-denominational because it does not require one to currently be learning torah instead of going to the army. I was inaccurate though. technically, because the exemption is based on religious conscience, even an atheist should be able to say his religion of atheism doesnt allow him or her to serve and that person should be exempt.
DeleteMy inaccuracy though is that the qualifications require having learned in a religious institution for 8 years, and keep kosher and not drive on shabbos.. the test itself doesnt mean much, as I am sure there will be prep courses to help people pass the test to avoid the army.
So, christians, muslims, buddhists etc. would have to keep kosher and not drive on Shabbat?
DeleteBTW, atheism is not a religion - it is a lack of any religion.
A big problem with the law is that if flies in the face of a major justification used to exempt yeshiva students from army service - that they are protecting the country through their learning. The proposed law only guarantees that those with the proper background be given exemptions from army service. It does not make any attempt to ensure that there will be a population of people learning instead of doing traditional army service.
ReplyDeletetrue, but then again, it is not a haredi party promoting it. it is a Labor MK promoting it.
Deletethe background, from what i can make out, is just to ensure the exemption doesnt get abused by people who "shouldn't qualify". the reason for each objection is for reasons of conscience. People who are pacifists can get out of the army for similar reasons. so this is a similar exemption for reasons of religious conscience.
In view of that, it would be interesting to see if the Chareidi parties support the law, or if they stay true to their principles and require further yeshiva study as a requirement to get out of the army.
DeleteCurrently, or at least until recently, to get a deferment, one needed to personally go to the army recruitment center, with a form stamped by the yeshiva and vaad hayeshivos. Anyone wishing to serve doesn't present his papers, and gets drafted. The yeshivos have no power to prevent a boy enlisting. What does this have anything to do with rabbanim and yeshiva controls?
ReplyDeleteyes, but the choice is army or yeshiva. such a young man cannot do anything else. so, if he doesnt want to go to the army, he is stuck in yeshiva.
DeleteAccording to this law proposal, this same young man who does not want to be in yeshiva but also does not want to be in the army would now be able to get a job, take a course, go travel, whatever.
Religious conscience? Will the charedim really admit to be in the process of forming a new religion? (because Judaism has no such conscience - self-defense is a command).
ReplyDeletethe religious conscience that says I cannot be in a place, due to my religion, where there are immodest women, questionably kosher food, chilul shabbos, etc.
DeleteBut you *CAN* be there. The work of the IDF is primarily to defend people, also known as pikuach nefesh. That overrides everything except for the 3 biggies. And the simple presence of immodest women is not one of the biggies - if it were, it would not be permissible to walk on the street, to go shopping, or to take the bus, etc anywhere in Israel. In fact, there is far less prizus on any IDF base than there is in Tel Aviv or any medium-to-large city in Israel.
Delete