The ad hoc committee preparing the yeshiva student draft
deferral legislation for its second and third readings
approved the legislation on Tuesday morning. However, a
controversial proposal -- entirely unacceptable to the Torah
world -- to require all yeshiva students to serve for two
weeks every year in the Civil Guard was, unexpectedly,
approved. Therefore, instead of going directly to the Knesset
for final approval, there will be a revote in the committee
next week.
Voting in favor of the amendment on Tuesday morning were two
MKs from Labor, and one each from the anti-religious parties
Shinui, Meretz, Center. An MK from Yisrael Ba'aliya also
voted for it, as did one from the National Religious Party.
MKs from UTJ, Likud, Gesher and Shas voted against it and
nine MKs did not attend the meeting.
Committee chairman Yossi Katz said he could wait as long as
March 2003, since the High Court has not interfered in the
matter, but that he hopes to hold the vote before the Knesset
goes on recess at the end of next week so that it can be
approved already.
The discussions on the bill were concluded months ago, but
the vote was delayed because it coincided with emergency call-
up orders for reservists to serve in the territories.
The bill has several clauses with proposed variations, some
of which are to be sent to the plenum for a decision.
The 16-article bill says that the defense minister will have
the authority to postpone national service for five years
(from the age of 18) for yeshiva students who spend at least
45 hours a week studying. At age 23, each yeshiva student
will have a year in which to decide whether he intends to do
some form of civilian national service. a year off from
studies to decide whether to declare Torah as their trade or
to serve in the army in a special chareidi framework. During
the year, the students could work, but are not required to do
so, without facing the draft. If they elect to do service,
after one year the students would be exempt from regular
service. They would also not be called into the reserves if
they serve 21 days of civil service a year. They can also
decide to continue their yeshiva study and get a
deferment.
The bill also says the minister will approve a list of
yeshivas that are recognized as yeshivas for the purposes of
the law, based on recommendations by the Yeshiva Council or
the Association of Hesder Yeshivas. If passed, the law will
remain in effect for five years, at which time the Knesset
can "review it, change it, or renew it."
Alternatives have been suggested for most of the numeric
parameters in the bill. For example, one version proposes
that a year and a half of service be required, instead of a
year. The Tal plan recommended that the exemption be given
only for yeshiva students who are in yeshiva 45 hours per
week. The army has recommended changing it to 40 hours. Since
these criteria would not cover students in kollel, who
generally study for some 35 hours a week some have proposed
lowering the study requirement to that level for older
students. Some committee members have proposed age 22 as an
alternative for the age of "decision."
Shinui leader Tomy Lapid had submitted dozens of provocative
amendments to the bill, such as incorporating the words
"draft dodgers" in the official language. All these were
voted down.
The bill has been in the process of promulgation for nearly
two years and came in response to a High Court ruling
ordering the Knesset to regulate the matter of blanket draft
deferments for yeshiva students.
The most recent controversy was touched off by a proposal of
committee chairman Katz to require every yeshiva student who
received a deferment to devote two weeks every year to civil
service. Although many yeshiva students devote this amount of
time -- or more -- to public service yearly, there is a
strong objection to any mandatory service that would be
supervised by the State. Practically, there is a concern that
the requirement would be a "foot-in-the-door" to require more
service, and MK Katz said explicitly that such is his
intent.
Maranan verabonon have said repeatedly that the State has no
legitimate claim on the time of those who devote themselves
to Torah and who thereby contribute to the public good.
