Photos: Menachem Kalish

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fter marathon speeches, heckling, and mud-slinging, a controversial draft law passed its first reading in the Knesset last Monday night. The following morning, a committee was created to formulate amendments to the law in anticipation of its second and third readings and eventual passage. Now the chareidi community must gear up for its most significant battle in recent years. At stake: preserving the status of yeshivah students and Torah learning.

What does the law say?

The law states that if the chareidi community fails to meet draft targets for three consecutive years, the government may impose economic sanctions. The yeshivah world will then be given a two-year grace period to meet draft targets. If it doesn’t, in the sixth year, the law will be canceled, and a mandatory draft will be imposed on all yeshivah bochurim.

What chareidi MKs are proposing instead:

First, that draft targets should be calculated from the wider chareidi population (including those who no longer define themselves as chareidi), and not solely from the critical mass of lomdei Torah. Second, the removal of the clause stating that if draft targets are not met by the sixth year, the law will expire and all men from age 18 will be drafted. Another demand is to refrain from entering all yeshivah bochurim in IDF databases. Chareidi parties Degel HaTorah and Agudas Yisrael don’t agree on all details of the legislation and Agudas Yisrael has said it will oppose the bill.

Why does Israel need a new draft law?

In 2012, the High Court struck down the Tal Law, claiming it didn’t sufficiently conscript chareidi men into the military. The court then rejected an amended law last year, giving the government one year to change it. That deadline is now four months away. Unlike previous laws, which were formulated by the government and members of the Knesset, the current law was written by a professional committee composed of senior IDF officials, who consulted with roshei yeshivah and members of Knesset.

How bad is the proposed legislation?

Practically speaking, it postpones the issue for at least six years, maybe nine. How? The law states that for the first two years, the targets will remain unchanged. If the chareidim don’t meet targets in the following three years, the government will have another year to pass a new law. That brings the process to six years. By law, the defense minister can defer army service for two years, which means that after the first six years, there is another two-year grace period. Add another year to write a new law and you have nine years of undisturbed Torah study.

The position of Degel HaTorah:

Since the current law was formulated by the IDF, there’s a fair chance the High Court will accept it, giving the chareidi public six years of quiet, an accomplishment by any yardstick. Further, if the amendments of chareidi MKs are accepted, the draft targets will be met.

There is also a political consideration. It’s likely that there will be new Israeli elections in February or March of 2019. If the law isn’t passed, the next elections will focus on “sharing the burden,” leading to unbridled incitement against the chareidi sector and Torah scholars, and boosting Yesh Atid party leader Yair Lapid. In addition, when the High Court’s deadline for the new law expires in four months, all yeshivah students in Israel will take on criminal status.

The position of Agudas Yisrael:

The current law is liable to turn all yeshivah students into criminals in another six or nine years. Any attempt to address that by amending the law will likely be rejected by the High Court, on the grounds that the chareidi parties agreed to the current law. All chareidi parties must therefore now unify in opposing the law and urge the prime minister to ask the High Court for an extension, which will buy time to discuss amendments to the law. Chareidi parties shouldn’t rush to pass a law in two weeks and enshrine something that could prove to be a catastrophe in the long term. When the bill has been thoroughly debated and all the amendments attached, the Knesset can vote.

The bottom line?

Reports Monday night indicated that Prime Minister Netanyahu will ask the High Court for a six- to ten-month extension to further debate the details of the draft law. If the court doesn’t agree, it’s very likely that Israel will see new elections by February.

(Originally featured in Mishpacha, Issue 718)