Lapid claims victory as haredi conscription becomes law

The Equal Sharing of the Burden Bill, which applies the mandatory national service requirement on haredim, was passed with an overwhelming majority on Wednesday, some two years after the High Court of Justice said the de facto waiver ultra-Orthodox men enjoyed was unconstitutional.

Sixty-five MKs voted in favor of the bill, with one opposed. The opposition, which includes several haredi parties, boycotted the vote because it said the government had abused Knesset procedure to ensure its passage.

Under the newly passed law, a rising number of haredim would have to enlist in the military or carry out national service starting in 2017. If the conscription numbers are not met, the state would impose financial penalties on the ultra-Orthodox community.

According to the law, yeshivas will be able to decide which of their students would have to go to the military, and face sanctions if they do not meet the draft quotas. The bill also gives the defense minister a mandate to defer enrollment until the age of 21, or in some cases 26, and to grant exemptions.

In 1948, then-Israeli Prime Minister David Ben-Gurion heeded the ultra-Orthodox community's request not to enlist yeshiva students who reached military age. Over time, the number of ultra-Orthodox men who were part of this arrangement grew many fold. In 2002 the Knesset's cemented the ultra-Orthodox's unique status by legislating the Tal Law. Under that law, haredim could study in yeshiva instead of being drafted. Opponents of the bill said it was unfair toward secular Jews and that it condemned the haredim to a life of poverty since it prohibited them from entering the workforce during the course of their studies.

In 2012, the High Court of Justice said the Tal Law was unconstitutional because it discriminated against secular Jews, setting in motion a lengthy process to legislate a new mechanism. Then-Channel 2 news anchor Yair Lapid, who had recently launched his own political career, rode the anti-haredi sentiment all the way to the January 2013 election, making "equal sharing of the burden" a central theme of his campaign. This helped his Yesh Atid party come in second with 19 seats.

Following the passage of the new conscription bill on Wednesday, haredi MKs went on the attack. Speaking with Haaretz, MK Moshe Gafni (United Torah Judaism) said Israel could no longer call itself a Jewish state or a democracy, warning Prime Minister Benjamin Netanyahu that "the haredim will not forget and will not forgive Netanyahu for the damage he and his partners inflicted on the haredi public, on those who study the Torah, and on the delicate relations between the various publics." United Torah Judaism leader MK Yakov Litzman told Ynet that "The 10th day of Adar II, March 12, will forever live in infamy because it marks the day the government has turned on those who engage in Torah study and made them into criminals." Earlier this month, several hundred thousand haredim took to the streets to Jerusalem to protest the impending passage of the bill, saying the study of Torah will forever trump military service.

MK Ayelet Shaked (Habayit Hayehudi), who headed a panel that finalized the language of the bill, said the measure was a "historic and important piece of legislation. For 65 years, the yeshiva students enjoyed a blanket exemption, but [now] the coalition has proposed a gradual and proportional amendment. I believe the haredi public will meet the target enlistment rates and that the government won't have to exercise its authority to enlist it [forcibly]."

Science and Technology Minister Yaakov Peri (Yesh Atid), who chaired one of the two committees that drafted the bill, said it was a boon for the economy and for society as a whole. "As of tomorrow, failure to meet the target rates would result in reduced funding for yeshivot; as of tomorrow, tens of thousands of haredim will have joined the workforce; they will no longer be in poverty and they will take an active role in Israel's economy."

Lapid, who has spent much of his political capital on the bill and who will most likely view its passage as one of his signature accomplishments, took to Facebook to celebrate the occasion. "For the 543,458 Israelis who voted for Yesh Atid: Today you made the equal sharing of the burden into law," he wrote. On Monday, Lapid said his party will use the vote on the haredi draft bill as a litmus test when the Knesset has to choose the next Israeli president in June. "Those who fail to vote for the bill will not get our support in the race," presumably referring to the candidacy of Labor MK Binyamin (Fouad) Ben-Eliezer.

On Tuesday, renegade coalition members seemed poised to embarrass the government on the haredi conscription bill, only a day after the government successfully passed the "governance bill" that reformed the election and Knesset rules. MK Yoni Chetboun (Habayit Hayehudi) said he would defy party discipline by voting against the conscription bill, citing his opposition to the punitive measures yeshiva students could face for draft dodging.

"The bill cannot stand on its own," Chetboun told the Knesset plenum on Tuesday. "It is part of the assault on Israel's Jewish character. I cannot be part of this trend, as it would be irreconcilable with my world view, as a Jew and as an Israeli. The alliance with Yesh Atid would separate church and state. That sentiment has opened the floodgates for the anti-Jewish legislation that has resulted in the exclusion of our brothers, the haredim, who have been the target of incitement; it has resulted in a sidelining of those who are on the periphery and hurt our efforts to hold on to the Land of Israel." Chetboun was the only MK to oppose the bill.

On Tuesday, Habayit Hayehudi officials said that if Chetboun voted against the bill he would have to step down from his position as deputy Knesset speaker and as a member of various Knesset committees. "Habayit Hayehudi has decided through a caucus vote that it would support the haredi draft law" the party said in a statement. "Habayit Hayehudi will not tolerate attacks, be it on the party or on its members, and any such attack will have sever consequences."

Shas MK Eli Yishai lauded Chetboun for his position, saying "Your steadfastness and your decision to go against your party shows integrity and political courage that is rarely seen." Yishai added that Chetboun's voice "could be heard well."

On Wednesday night, just hours after British Prime Minister David Cameron addresses the legislative body, lawmakers are expected to vote on new measure aimed at overhauling the Referendum Law, which stipulates that any concessions involving sovereign territory must be upheld in a nation-wide referendum. Right-wing lawmakers want to turn that law into a basic law, which is much harder to repeal or amend. Although the law does not apply to Judea and Samaria, it would be applicable in the case of a territorial compromise in Jerusalem and the Golan Heights and in the event that Israel and the Palestinians agree on land swaps involving territory within the Green Line. Opponents of the new basic law say that such a measure would make it difficult to hold peace talks and finalize a permanent accord.

The coalition is expected to pass the bill with an overwhelming majority as the opposition said it would boycott the vote.

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