Here's a problem. One terrible provision of the current Israeli government's plan for drafting a portion of chareidim into the IDF or national service is the criminal sanctions for those who do to serve in order to stay in yeshiva. This provision is a train wreck waiting to happen and also prevents any potential consensual solution because no one our side could ever support a law which includes that provision.
I've heard Rabbi Lipman say that he also does not want this provision but that the government's legal advisers say they have no choice but to include it because it would be illegal to exclude just one group subject to the draft from criminal sanctions (the chareidim) while the other group (all non-chareidim) would remain subject to criminal penalties.
I have a possible solution. This idea, however, would only work as part of a comprehensive and consensual solution reached between the government and Torah leadership. I have another idea regarding a framework which would facilitate such a consensual resolution by both sides which is the subject of an article I wrote, which is currently in the submission process for publication.
This idea to address the criminal sanctions issue, which could avoid a scenario in which boys could be arrested for learning Torah, is the following: For those bochurim who are not completely exempt (part of the 1,800), who are not serving in a chareidi IDF unit, and who will not elect for a national service option outside of the beis medrash, change the national service rules such that religious studies will be eligible as a form of service in fulfillment of the national service option!
Indeed, under the current law as drafted, any bochur who is drafted already has the national service option if he does not want to join the IDF.
We know that Torah study confers infinite benefit not only on those who study it but on the whole Jewish people as well, so it fits. Certainly there are likely to be a number of initial objections from all sides, like:
(i) How is this different from the 1,800 exemptions which are also in recognition of the value of Torah study?; (ii) some purists/kano'im may still prefer criminal sanctions to Torah study "l'sheim sherut l'umi" rather than the same Torah study where the person did not write on a form that he was studying Torah to fulfill his sherut l'umi requirements; (iii) although they could be revised, the current national service rules are presumably currently drafted not to include Torah study as a service option; and (iv) what's to stop chilonim from trying to use this redefined form of national service to avoid IDF service as well?
(i) How is this different from the 1,800 exemptions which are also in recognition of the value of Torah study?; (ii) some purists/kano'im may still prefer criminal sanctions to Torah study "l'sheim sherut l'umi" rather than the same Torah study where the person did not write on a form that he was studying Torah to fulfill his sherut l'umi requirements; (iii) although they could be revised, the current national service rules are presumably currently drafted not to include Torah study as a service option; and (iv) what's to stop chilonim from trying to use this redefined form of national service to avoid IDF service as well?
Again, this idea is meant as part of an arsenal of ideas and proposals to give all parties the flexibility to come up with a plan that everyone can eventually agree to. And in that context, the parties can come up with ways to address/work-around potential objections to the idea, like the following:
(i) It is true that the sherut l'umi Torah study option would not really be so different in practice from the 1,800 exemptions. The difference would mostly exist on paper, but if it, in combination with a comprehensive resolution, would allow for a larger solution k'ein that which Rav Shteinman and others were working on 10 years ago, most can live with the very small difference between the full exemption and the Torah-study-as-national-service option.
(ii) Most people will agree to fill out paperwork to "get credit" for their Torah studies to fulfill their national service requirement. It's not so different from the hundreds of yeshivos which already give actual college credit for yeshiva study. And for those that won't, in the context of a consensual agreement with the support of the Torah leaders in Eretz Yisroel, there will be much less sympathy or hullabaloo from anyone if a small number of people cause themselves to get arrested for not studying Torah in the same yeshiva as before l'sheim sherut l'umi.
(iii) Just redraft the national service rules to permit people to fulfill the requirement through religious studies generally or Torah study specifically.
(iv) And what would be so bad if chilonim began signing up for yeshiva or seminary in order to avoid the IDF service? It would be a fantastic opportunity for the kiruv world! And to the extent anyone decides to do so at a non-orthodox seminary of some sort, it will (a) be their own choice so not a lifnei iver/mesayeya l'dvar aveira issue and (b) be an added incentive for catch-more-flies-with-honey-than-with-vinegar kiruv work.
Whether this specific idea is ultimately adopted as park of a wider framework of a consensual resolution to this multilateral and very painful conflict is not necessarily important. The main thing is that I think there are ways around even the most intractable aspects of the current conundrum (the constitutional objections to not having criminal sanctions) if and when the parties are ready to work out a long-term solution which addresses the biggest concerns on both sides.
I'd be curious if anyone out there knows of any reason why this idea wouldn't work as part of a larger toolbox such that there is no work-around to the problem. And again, I'm sure there are other objections a variety of parties may have but I'm specifically talking about ones without some sort of possible work-around as part of a comprehensive and consensual solution.
