Tal committee
The Tal committee was an Israeli public committee appointed on August 22, 1999 by then prime minister and defense minister Ehud Barak, which was headed by the retired judge Tzvi Tal and dealt with the special exemption from mandatory military service in the Israel Defense Forces given to Israeli Ultra Orthodox Jews.
The members of the committee were: Attorney Isaac Herzog; Attorney and Doctor Yakov Weinrot; Rabbi Tenenboam, the secretary of the yeshiva committee; general (retired) Moshe Nativ, former head of the IDF’s Manpower Branch; Israel Sadan, a former police officer, mayor of Hadera and former commander of the Israel Border Police; and Rabbi Mordechai Kerlits, mayor of Bnei Brak.
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[edit] Background
Although yeshiva students were not technically exempt from military service, their enlistment was annually postponed until they received an age or parental exemption. This situation, while in practice from the early days of Israel, was viewed by many as undemocratic, unjust and unequal. Unlike other exemptions from military service given to some groups in Israel (Bedouin, Arabs, and others), it was based on a ministerial order and not specified in the law.
The committee was appointed after the Supreme Court determined that the minister of defense had no authority to determine the extent of the exempts from army service given to ultra-orthodox yeshiva students. The Supreme Court postponed the application of the ruling to the government time to resolve the matter, by issuing appropriate laws or otherwise. For this purpose, Prime Minister Barak established the Tal committee. (Other committees before the Tal committee that tried to resolve the situation include the Cohen committee and the Israeli committee.)
In 1974 only 2.4% of the soldiers enlisting to the army that year were exempt because they were yeshiva members, under the Torato Omanuto arrangement. This number has reached 9.2% in 1999. It is anticipated that this percentile will reach up to 15% by the year 2012. By comparison, in the year 2025 the orthodox sector in Israel is expected to reach 12.4% of the total population, whereas the children of this sector would reach 22.4%. In 1999 there were 30,414 exempted yeshiva students, and by 2005 the number grew to 41,450. To be recognized as an exempt yeshiva student one must meet two conditions: dedicate one's whole time for the purpose of studying Torah in a recognized yeshiva institute, and not be employed in any work in which salary would be provided. The Finance Ministry of Israel demonstrated data which indicates an unreasonable rise in the number of exempt young men. According to that data the number of the students grew in the extent of 237% between the years 1985–1998, while the number of young men growth at the same period was 354%. On the basis of this disproportional increase, which created an economical and a security burden on the other sectors of the Israeli population, the Tal committee was founded.
[edit] Goals
The goals of the committee as they were declared when it was appointed were:
- To find the proper way in the legislation which would entitle the defense minister to be the one to give exemptions from army service.
- The exemption or the postponement would be applied on the yeshiva members without a limitation to their numbers because there is no intention to prevent yeshiva members from continuing their studying.
- To examine and to recommend on the different aspects of this issue, such as the development of the different courses and limits of it to a certain part of the Orthodox sector. Within this the possibly of lowering the age of exemption should be considered, giving a minimalist militaristic training, and giving special arrangements, while keeping the consideration in the IDF and in its needs.
Goals which the committee itself formulated:
- The committee saw its main point in finding a proper agreement.
- Finding a solution which would be practical and not theoretical.
- Creating a way to prevent the alienation and the social distance of the orthodox population in Israel from the other Israeli population groups.
[edit] Tal Law
In April 2000 the report of the committee was finished, and on July 23, 2002, the Tal Law was passed in the Knesset (Israeli parliament) by a majority of 51 against 41. The bill enabled a continuation of the exempts to yeshiva members which is subject to the detailed conditions within the bill. At the age of 22 the yeshiva member would receive a year of decision in which he would be able to choose if he would want to continue his studies or if he would rather go out to work. Those who would choose to go out and work would need to choose between a minimalist army service of four months and reserve duties according to the army's needs, or a civilian service of one year, without any salary. Those two options are from the age of 24. In addition to that, the bill also ruled that the IDF's Orthodox units would need to be expanded like the Orthodox Nahal units. The examination of the rest of the people who would be exempted under this agreement should be considered. The leadership of the yeshivas are demanded to cooperate on these matters.
[edit] Failure of the Tal Law
In July 2005, three years after the law took effect, the state admitted—in a response to a petition to the Supreme Court—that the law had failed to change enlistment arrangements for Orthodox Jews. Only a few dozen Orthodox Jews enlisted to the army as a result of the Tal law. Tzvi Tal responded that the state did not do anything to enforce the law. Also, state representatives announced that propositions planned for enforcement, mainly optional exchange of national service for army service for Orthodox Jews, were not implemented. The minister of justice constituted the omissions of the Tal Law in the letter to the Israeli prime minister.
The failure of the law is resonant because during the period of its application, a considerable budgetary transmission worsening applied to Jewish Orthodox families, mainly in children's pensions. However, this did not become an inducement to departure from the yeshivas.
On 11 May 2006, the Supreme Court determined that the Tal Law contradicts with the human dignity of those who serve in the Israeli Army, and that the law was implemented in a vague way that did not constitute a "worthy purpose" that would justify damage to rights of those who serve. However, the court determined that the law should be left untouched for an additional year and a half to see if its application would improve. Two judges held a minority opinion. The judge Mishael Cheshin determined that the law was illegitimate from its foundation, and completely contradicts the values of Israel as a Jewish democratic state. Judge Asher Gronis spoke against the Supreme Court, saying they shouldn't interfere with Knesset decisions unless they damage rights of minorities, whereas in this case the damaged part is the majority, which must take care of its own rights.
On July 18, 2007 the Knesset decided to extend the Tal Law another five years, until 2012.[1]
[edit] See also
- Religion in Israel
- Status quo (Israel)
- Torah study commandment
- Torato Omanuto - The special arrangement for yeshiva students allowing postponements or special exemptions from the Israel Defence Forces (IDF) compulsory service.
- Hesder - combining the Torah study practice and Military service.
- Sherut Leumi - National Service in Isael
- Haredi Judaism
- Hardal
[edit] References
- ^ Meranda, Amnon (2007-07-18). "Knesset extends Tal Law by 5 years". Ynetnews.com. http://www.ynetnews.com/articles/0,7340,L-3427136,00.html. Retrieved 2007-07-23.
