""A decision has been made that yeshiva students, according to approved lists, are exempt from military service" - with these simple words opens the historic document from the beginning of the War of Independence, which led to the exemption arrangement for yeshiva students that has stirred the State of Israel in recent years. The original document of the ordinance was recently uncovered at the Jaffa flea market and is set to be auctioned off next week at the Kedem auction house in Jerusalem.
The order document, dated March 9, was written and signed by the late Yisrael Galili, then head of the National Headquarters (RAMA) of the Haganah, and later a member of Knesset and minister in Israeli governments, and was sent to all IDF brigades on the way: "Golani, Carmeli, Alexandroni, Kiriti, Givati, Etzioni and "Bulgarians" [a nickname for the Palmach]." Galili, who then served in the position equivalent to the Chief of Staff, received the order granting exemption from conscription to yeshiva students from David Ben-Gurion, three days before the latter was appointed chairman of the People's Council, the highest institution of the Yishuv that was established in preparation for the declaration of the establishment of the state about two months later.
In contrast to the "Torah and Art" outline that was achieved over the years, in addition to granting the basic exemption to yeshiva students, the ordinance then also required their training when necessary: "Students who are capable will be given self-defense training instead of Talmud, by ordinance of the Knesset [the name for the 'Hagana' organization]... The beliefs of yeshiva students must be regulated in a way that does not undermine the regime of studies in yeshiva. Therefore, discussions must be held with the heads of yeshiva schools and assurances must be made that vacation time will be utilized for training... The meaning of this ordinance is that yeshiva students will be included in the non-conscripted Chaim [Guard Force] only.".
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It is doubtful whether the drafter of the document knew how much impact this ordinance would have on the State of Israel and for how long, as a line was added to the ordinance itself that limits it to only one year: "This decision is valid for the year 2018, and at the end of the year the problem will be reexamined.".
The rest is known: this ordinance served as the basis for the "Torah and Art" arrangement, which was anchored a year later in a temporary regulation by Prime Minister Ben-Gurion, who thereby complied with the request of the then Minister of Welfare and leader of the Agudath Yisrael World, Rabbi Yitzhak Meir Levin.
The historical document was found, as mentioned, in a pile of personal belongings that belonged to Galili, which were up for sale at the Jaffa flea market. The lucky buyer brought the items to the Kedem auction house in Jerusalem, which specializes in items from the Land of Israel. The opening price for the document, which will be up for sale next week with other items as part of the "Jewish and Israeli History and Culture" sale, will be $1,000, although Kedem auction house believes that its final price will be significantly higher.
Maron Aran, one of the owners of the auction house and an expert for 'Israeliana': "The great tension that prevailed over the past year around this issue led to a wave of interest with the publication of the catalog in which Galili's document appears. This document is evidence that one small piece of paper can have a huge impact on the entire course of history.
