While discussing whether a vow that has yet to take effect needs to be annulled, the Gemara on daf TB Nazir 89-90 relates a story that should have modern implications in the Israeli Hareidi community.
“It is
related that there was a certain man who took a vow that all benefit
from the world should be forbidden to him if he marries a woman when he
has not yet learned halakha. He would run up a ladder and rope
but was not able to learn the material, i.e., despite all his efforts he
failed in his studies. Rav Aḥa bar Rav Huna came and misled him,
allowing him to understand that even if he took a vow, the vow would not take
effect, and so he married a woman.
“And
Rav Aḥa bar Rav Huna then smeared him with clay to protect him from the
elements, as it was now prohibited for him to benefit from the world by wearing
clothes. And he then brought him before Rav Ḥisda, to dissolve
his vow. Rava said: Who is wise enough to act in this manner, if not
Rav Aḥa bar Rav Huna, who is a great man? As he holds that just as the Rabbis
and Rabbi Natan disagree with regard to nullification, whether it is
possible to nullify a vow that has yet to take effect, so too, they disagree
with regard to a request made to a halakhic authority to dissolve a vow,
whether it is possible to request dissolution of such a vow. Rav Aḥa bar Rav
Huna’s plan was to have the vow go into effect, so that the man could request
that it be dissolved.” (Sefaria.org translation)
Back in
pre-World War II Europe, not every boy went to a Yeshiva Gevoha which could be
compared to an Ivy League college. These yeshivot only accepted the best and
the brightest students just like an Ivy League college. Most boys at the end of
their education either became an apprentice to learn a trade or went into their
family’s business. That is not the case in Israel today. The Israeli Hareidi
community sends their boys to these yeshivot whether they have the aptitude or
the interest to study. Many yeshiva students are
thought to remain in religious study programs longer than they normally would
in order to dodge the draft by claiming academic deferments until they reach
the age of exemption.
The Gemara’s story shows that higher
yeshiva study isn’t for everybody. If the student is not succeeding in his
studies, he should move on in his life and contribute to the welfare of the
world. That is the organization Hiddush for religious freedom and equality’s position
on this issue.
HIDDUSH'S POSITION
1.
Hiddush supports the principle of
equality of civic burden, and at the same time the recognition of the
importance of Torah study in a Jewish and democratic state. Therefore we
proposed that a generous quota of service exemptions be set for outstanding
Torah scholars, much like the State's approach to outstanding musicians,
athletes, and scientists. These individuals [about 1,400 per year, out of 8,500
per year] should be selected based on objective criteria and receive a
respectable subsistence stipend.
2.
As for the rest, the IDF will recruit
those suitable for its needs, and the remaining will be required to do
civil/national service.
3.
Hiddush does not believe that
imprisoning draft dodgers among yeshiva students is practical, given today's
reality. Sanctions should mainly be on the economic and civil level.
It may be impossible to recruit yeshiva students under the threat of criminal
sanctions, but there is no reason for the state to continue supporting them
from the public coffers. The sanctions should include, for example, the denial
of scholarships and other benefits currently received by these yeshiva
students; as well as other sanctions, similar to those against husbands who
refuse to grant their wives their desired divorces (to give them a traditional
'gett'). Further, support from taxpayers' monies for yeshivas should be
withdrawn from those that choose to harbor draft dodgers.
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