Torato Umanuto

Torato Umanuto (Hebrew: תּוֹרָתוֹ אֻמָּנוּתוֹ, lit. 'Torah study is his job') was a special government arrangement in Israel allowing young Haredi Jewish men enrolled in yeshivas to complete their studies before they are conscripted into the Israeli military. Historically, it has been mandatory in Israeli law for male and female Jews, male Druze, and male Circassians to serve in the military once they become 18 years of age, with male conscripts required to serve for three years and female Jewish conscripts required to serve for two years.

Haredi Jews maintain that the practice of studying or reciting the Torah, when undertaken by great Torah scholars or their disciples, is crucial in defending the Israeli people from threats, similar to an additional "praying division" of the military. In practice, the Torato Umanuto arrangement provides a legal route whereby Haredi rabbis and their disciples can either enroll for a shortened service period of four months or otherwise be exempted from compulsory military service altogether.

In June 2024, the Supreme Court of Israel declared any continued exemption of IDF conscription unlawful and the army sent draft orders to thousands of Haredi men in the following months.

Etymology

The source of the phrase Torato Umanuto is taken from the Talmud:

"For it was taught: If companions [scholars] are engaged in studying, they must break off for the reading of the shema, but not for prayer. R. Johanan said: This was taught only of such as R. Simeon b. Yohai and his companions, whose Torah study was their occupation."

— b. Talmud, tractate Shabbat, 11a

History

Establishment of the agreement

"Tehillim neged Tilim" (Hebrew: תהילים נגד טילים, lit. 'Psalms against missiles'), a slogan initially coined during the Iraqi missile campaign against Israel in 1991. It has since gained widespread popularity among the Religious Zionist community and the Haredi community.

During the 1948 Arab–Israeli War, Israeli prime minister David Ben-Gurion reached a special arrangement with Israel's Haredi Jews (represented by Agudat Yisrael and Yitzhak-Meir Levin) in which a small part of the community's senior yeshiva disciples (400 men) would be temporarily exempted from serving in the Israel Defense Forces, but only as long as their sole occupation was studying the Torah, which a number of Haredi Jews devote and occupy themselves with for the majority of their day as a religious commandment. The arrangement's original purpose was to reach a comprehensive accommodation, later called the secular–religious status quo, between the secular community and the Haredi population who were then living under the British Mandate for Palestine, and by extension preventing an internal conflict within the Palestinian Jewish community (the Yishuv) amidst high tensions with the region's Arabs.

By contrast, Israelis who belong to the Religious Zionist community are conscripted, often under the yeshiva system of the Hesder program, which combines Torah study with military service.

Over the years, as the Israeli population grew, the number of Haredi men eligible for exemption under the Torato Umanuto grew significantly; from 400 men originally to tens of thousands as of 2024. Many non-Haredi Israeli Jews began to complain over the uneven burden of military service.

Tal Law

Main article: Tal Committee

For many years the Torato Umanuto arrangement had the status of a regulation under the jurisdiction of the Ministry of Defense (Prime Minister David Ben-Gurion also had the Defense portfolio). In the 1990s the High Court of Justice of Israel ruled that the Defense minister had no authority to determine the extent of these exemptions. The Supreme Court postponed the application of the ruling to give the government time to resolve the matter.

In accordance with the judicial ruling, Prime Minister Ehud Barak set up the Tal committee in 1999. The Tal committee reported in April 2000, and its recommendations were approved by the Knesset in July 2002. The new Tal Law, as it came to be known, was passed with 51 votes in favour and 41 against. The new law provided for a continuation of the Torato Umanuto arrangement under specific conditions laid down in the law; it was hoped that the number of exemptions would gradually reduce. The new law did not however put an end to controversies and disagreements.

In 2005, Justice Minister Tzipi Livni stated that the Tal Law, which by then had yet to be fully implemented, did not provide an adequate solution of the problem of Haredi conscription as only 1,115 of the 41,450 yeshiva students covered by the arrangement had taken the "decision year" provided by the law, and of these only 31 had later enlisted in the Israel Defense Forces. In 2007 the Tal Law was extended until August 2012. In January 2012, Defense Minister Ehud Barak said his ministry was preparing an alternative to the Tal Law. Dozens of IDF reserve soldiers had put up what they called "the suckers' camp" near the Tel Aviv Savidor Central Railway Station, to protest the possible extension of the Tal Law. Several politicians, public figures, disabled IDF veterans and high school and university students visited the protest encampment.

In February 2012 the High Court of Justice ruled that the Tal Law in its current form was unconstitutional and could not be extended beyond August. Prime minister Benjamin Netanyahu said that the government would formulate a new bill that would guarantee a more equal sharing of the burden by all parts of Israeli society. The issue was also part of a possible government collapse leading into the 2012-2013 election.

Judicial repeal of exemption

The Supreme court ruled in 2017 that blanket military service exemptions for Haredi yeshiva students were illegal and discriminatory.

In March 2024, Attorney General Gali Baharav-Miara instructed both the Education Ministry and the Defense Ministry to begin the drafting process for Haredi men. On the night of 1 April, the coalition government stated that it had not agreed to an extension of the exemption, which had thus expired. Following a number of delays, a letter from Prime Minister Netanyahu requesting a one-month extension, and the passing of the deadline, on 1 April 2024, the Supreme Court decided that the Haredim would no longer receive an exemption from military service and that yeshivas could no longer receive the associated government subsidies. The Times of Israel reported that per government figures, 1,257 yeshivas would lose subsidies for 49,485 students receiving the exemption. Haredi lawmakers, members of the political parties United Torah Judaism and Shas, and supporters of the coalition government have stated their intention to walk out if the exemption removal is enforced; Anshel Pfeffer, a journalist for the newspaper Haaretz, argued that these threats were hollow. Haredi youth in the ultra-Orthodox neighbourhood of Mea Shearim in Jerusalem burned Israeli flags and military uniforms in protest.

Following the 1 April lapse, the Supreme Court stated that it would convene on 2 June 2024 to hear a case regarding the conscription of Haredi men. The case was proceeded over by an expanded, nine-judge panel, as opposed to the standard three-judge panel. On June 25, 2024, the panel unanimously agreed to allow the compulsory conscription of Haredi Jews. In July 2024, the army began drafting 3,000 Haredi men, less than 10% showed up at recruitment centers. In November, 7,000 additional draft orders for Haredi men were approved.

See also

• Hardal
• Haredim and Zionism
• Hesder - a Religious Zionist ("National Religious") yeshiva framework developed by Rav Yehuda Amital, combining Torah study and military service
• Nahal Haredi - the IDF's Netzah Yehuda Battalion, which facilitates Haredi service in combat roles
• Religion in Israel
• Status quo (Israel)