Tal Committee - Background

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.

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 reached 9.2% in 1999, when it was anticipated that this percentage 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 presented data which indicates an unreasonable rise in the number of exempt young men. According to that data the number of the students grew 237% between the years 1985–1998, while the number of young men growth at the same period was 354%. This disproportional increase, creating an economical and a security burden on the other sectors of the Israeli population, led to an appeal to the Israeli Supreme Court.

The Tal committee was appointed after the Supreme Court determined that the minister of defense had no authority to determine the extent of the exemption from army service given to ultra-Orthodox yeshiva students. The ruling also elaborated on the need for a legislative solution, dealing with all aspects of the issue. Other committees before the Tal committee had tried to resolve the matter, including the Cohen committee and the Israeli committee.

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