The Knesset passed the contentious bill, advanced by the haredi (ultra-Orthodox) parties, in its first reading on Wednesday, seeking to enshrine Torah study in the country's Basic Law, with Prime Minister Benjamin Netanyahu arriving at the plenum to vote in favor.
The Basic Law: Torah Study bill is part of a proposal that critics argue encourages draft evasion and changes the status of yeshiva students who do not serve, enabling them to continue receiving state benefits, even amid the IDF’s severe manpower crisis.
The bill was passed by a margin of 63 votes in favor, and 53 against.
Its passage comes after weeks of threats from haredi party leaders to boycott coalition voting and disrupt the legislative agenda in an attempt to pressure Prime Minister Benjamin Netanyahu’s coalition to rapidly advance a series of haredi-backed bills.
Netanyahu was seen speaking to Shas party leader Arye Deri and other haredi lawmakers in the plenum ahead of the vote.
Three days of marathon meetings were scheduled in the Knesset’s House Committee to fast-track the legislation this week, following the haredi boycott announcement.
Haredi party leaders had also said last week that they met with Netanyahu, and that the premier had "made it clear at the meeting that he is committed to approving the laws and will work to advance them quickly.”
The legislation was sponsored by MK Moshe Gafni, of the United Torah Judaism Party, along with other haredi MKs, and had also received government backing ahead of its preliminary reading last month. It will now be brought back to the Knesset House Committee for debate and still requires approval in two more readings to become law.
Coalition lawmakers oppose bill
Lawmakers within Netanyahu’s coalition have publicly opposed the legislation and voted against it.
Two lawmakers from Netanyahu’s ruling Likud party, MK Dan Illouz and MK Yuli Edelstein, have been vocal critics of the bill, along with coalition MKs Deputy Foreign Minister Sharren Haskel (New Hope-United Right) and Moshe Solomon (Religious Zionist Party).
Gafni told the plenum ahead of the vote that "I do not believe there is a single member of the Knesset, whether Jewish or non-Jewish, who, if they set politics aside, would oppose this. This law should have been enacted when the State was established."
Israel does not have a constitution, and instead has a series of Knesset-legislated basic laws on various subjects that hold a high legal status.
The wording in the proposal emphasizes Torah study as “a fundamental value in the heritage of the Jewish people and in the State of Israel.”
It proposes that the country recognize “Torah study as a fundamental value in the State of Israel in order to create a balance of justice in relation to other fundamental values in the state.”
Bill grants rights to draft dodgers
The existing wording, enshrined in the country’s Basic Law, is expected to facilitate the granting of benefits and rights to haredi men who evade service.
There had also been contentious wording in the bill’s proposal equating those who study Torah with those who serve in the IDF, which has now been removed in the new draft of the legislation.
Critics argue that the legislation's implications would still grant sweeping state benefits to draft evaders, despite the change in wording, and could implicitly allow such a comparison.
The Movement for Quality Government said after the first reading vote that if the legislation continues to advance, it would file a petition to the High Court of Justice to strike it down.
The group also added that Netanyahu had "bought the support of the ultra-Orthodox parties for his political reforms through legislation, and the price is an attempt to enshrine draft evasion in the constitution.”
“The Attorney General’s Office itself said that the purpose of the bill is unclear, but their intention is clear: to create a constitutional shield against military service,” the organization added.
Attorney General's office responds
Deputy Attorney-General Avital Sompolinsky warned the Knesset House Committee on Tuesday against advancing the legislation, saying its purpose was unclear and that it appeared that the place of the haredi community in Israeli society was not properly balanced
The bill to enshrine Torah study in Basic Law is also part of a series of bills being advanced by the haredi parties. The most recent proposal is a bill that would temporarily freeze the arrests of haredi draft evaders. It was debated for the first time on Tuesday in the Knesset’s Foreign Affairs and Defense Committee.
The haredi parties have continuously encouraged the coalition to advance legislation that would not increase haredi enlistment. The IDF has repeatedly warned of an urgent manpower shortage after more than two years of war.
In April, the High Court of Justice ordered that the state take concrete steps to revoke key financial benefits from draft evaders and to move toward criminal enforcement against haredi men who evade military service.
In March, IDF Chief of Staff Lt.-Gen. Eyal Zamir said the IDF could soon collapse if no solution was found for the manpower shortage.
The tensions also come amid the coalition’s last Knesset session to advance its legislation before the upcoming elections, scheduled for no later than October 27.
Responses from the opposition party leaders
Opposition party leaders in the bloc seeking to replace Netanyahu in the elections condemned the advancement of the legislation.
Former prime minister Naftali Bennett, who leads the Together Party, vowed that immediately upon the formation of the new government, the Basic Law: Torah Study legislation would be repealed."The law will disappear, but the stigma will remain on the unfortunate MKs who supported it," he added.
"The IDF is desperately in need of 20,000 soldiers, and today the Netanyahu–Deri–[Finance Minister Bezalel] Smotrich coalition once again said that political interests are more important than security."
"When we form the next government, we will repeal all draft-evasion laws and place those who serve the state at the top of the national agenda," he stated.
Yashar party leader Gadi Eisnekot, another leading rival candidate against Netanyahu, said that “the attempt to turn draft evasion into a Basic Law is a direct blow to our national backbone."
"At a time when the burden on those who serve is reaching record levels, and the price they pay is unbearable, the coalition is choosing to create a bypass route for draft evasion," he added.