Tal Law
Encyclopedia
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.
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.
Goals which the committee itself formulated:
(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.
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.
Prime Minister of Israel
The Prime Minister of Israel is the head of the Israeli government and the most powerful political figure in Israel . The prime minister is the country's chief executive. The official residence of the prime minister, Beit Rosh Hamemshala is in Jerusalem...
and defense minister Ehud Barak
Ehud Barak
Ehud Barak is an Israeli politician who served as Prime Minister from 1999 until 2001. He was leader of the Labor Party until January 2011 and holds the posts of Minister of Defense and Deputy Prime Minister in Binyamin Netanyahu's government....
, which was headed by the retired judge Tzvi Tal and dealt with the special exemption from mandatory military service in the Israel Defense Forces
Israel Defense Forces
The Israel Defense Forces , commonly known in Israel by the Hebrew acronym Tzahal , are the military forces of the State of Israel. They consist of the ground forces, air force and navy. It is the sole military wing of the Israeli security forces, and has no civilian jurisdiction within Israel...
given to Israeli Ultra Orthodox Jews
Haredi Judaism
Haredi or Charedi/Chareidi Judaism is the most conservative form of Orthodox Judaism, often referred to as ultra-Orthodox. A follower of Haredi Judaism is called a Haredi ....
.
The members of the committee were: Attorney Isaac Herzog; Attorney and Doctor Yakov Weinrot; Rabbi Tenenboam, the secretary of the yeshiva
Yeshiva
Yeshiva is a Jewish educational institution that focuses on the study of traditional religious texts, primarily the Talmud and Torah study. Study is usually done through daily shiurim and in study pairs called chavrutas...
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
Israel Border Police
The Israel Border Police is the gendarmerie and border security branch of the Israel National Police. It is also commonly known by its Hebrew abbreviation Magav , meaning border guard, whilst its members are colloquially known as Magavnikim . Border Guard is often used as the official name of the...
; and Rabbi Mordechai Kerlits, mayor of Bnei Brak.
Background
Although yeshivaYeshiva
Yeshiva is a Jewish educational institution that focuses on the study of traditional religious texts, primarily the Talmud and Torah study. Study is usually done through daily shiurim and in study pairs called chavrutas...
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
Bedouin
The Bedouin are a part of a predominantly desert-dwelling Arab ethnic group traditionally divided into tribes or clans, known in Arabic as ..-Etymology:...
, Arabs
Arab citizens of Israel
Arab citizens of Israel refers to citizens of Israel who are not Jewish, and whose cultural and linguistic heritage or ethnic identity is Arab....
, and others), it was based on a ministerial order and not specified in the law.
The committee was appointed after the Supreme Court
Supreme Court of Israel
The Supreme Court is at the head of the court system and highest judicial instance in Israel. The Supreme Court sits in Jerusalem.The area of its jurisdiction is all of Israel and the Israeli-occupied territories. A ruling of the Supreme Court is binding upon every court, other than the Supreme...
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
Torato Omanuto
Torato Omanuto is a term describing one who's Torah study is his main occupation...
. 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
Ministry of Finance (Israel)
The Israeli Ministry of Finance is a part of the Israeli political system. It is responsible for planning and implementing the Government of Israel’s overall economic policy....
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.
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.
Tal Law
In April 2000 the report of the committee was finished, and on July 23, 2002, the Tal Law was passed in the KnessetKnesset
The Knesset is the unicameral legislature of Israel, located in Givat Ram, Jerusalem.-Role in Israeli Government :The legislative branch of the Israeli government, the Knesset passes all laws, elects the President and Prime Minister , approves the cabinet, and supervises the work of the government...
(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
Nahal
Nahal is an Israel Defense Forces infantry brigade. Historically, it refers to a program that combines military service and establishment of new agricultural settlements, often in outlying areas...
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.
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.
See also
- Religion in IsraelReligion in IsraelReligion in Israel is a central feature of the country and plays a major role in shaping Israeli culture and lifestyle, and religion has played a central role in Israel's history. Israel is also the only country in the world where a majority of citizens are Jewish...
- Status quo (Israel)Status quo (Israel)In Israel, the term status quo refers to the political understanding between religious and secular political parties not to alter the communal arrangement in relation to religious matters, in a predominantly secular population...
- Torah study commandmentTorah studyTorah study is the study by Jewish people of the Torah, Hebrew Bible, Talmud, responsa, rabbinic literature and similar works, all of which are Judaism's religious texts...
- Torato OmanutoTorato OmanutoTorato Omanuto is a term describing one who's Torah study is his main occupation...
- The special arrangement for yeshivaYeshivaYeshiva is a Jewish educational institution that focuses on the study of traditional religious texts, primarily the Talmud and Torah study. Study is usually done through daily shiurim and in study pairs called chavrutas...
students allowing postponements or special exemptions from the Israel Defence Forces (IDF) compulsory service. - HesderHesderHesder is an Israeli yeshiva program which combines advanced Talmudic studies with military service in the Israel Defense Forces, usually within a Religious Zionist framework...
- combining the Torah studyTorah studyTorah study is the study by Jewish people of the Torah, Hebrew Bible, Talmud, responsa, rabbinic literature and similar works, all of which are Judaism's religious texts...
practice and Military service. - Sherut LeumiSherut LeumiSherut Leumi is an alternative voluntary national service in Israel for those that cannot or do not wish to serve in the Israel Defense Forces...
- National Service in Isael - Haredi JudaismHaredi JudaismHaredi or Charedi/Chareidi Judaism is the most conservative form of Orthodox Judaism, often referred to as ultra-Orthodox. A follower of Haredi Judaism is called a Haredi ....
- HardalHardalChardal ; Hebrew: חרד"ל, acronym for חרדי לאומי, Charedi Le-umi, lit. "Nationalist Charedi", Plural: Chardalim refers to the Ultra-Orthodox Jews who support the ideology of Religious Zionism...
- Netzah Yehuda BattalionNetzah Yehuda BattalionThe Netzah Yehuda Battalion is a battalion in the Kfir Brigade of the Israel Defense Forces . The purpose of the unit is to allow religious Israelis to serve in the IDF in an atmosphere conducive to their religious convictions, within a framework that is strictly halachically observant...