Holy Criminals?

Could a Jewish State ever deem it a crime to learn Torah?

Is it conceivable that the Jewish State could fine yeshiva students or send them to prison for learning Torah?

Many years ago, Mishpacha magazine printed a feature story with this very description: “Can a Jewish state deem Torah study a crime?” That’s what some people would have you believe is at stake with the army issue, which is currently being deliberated by the government. At present, there is no exemption for yeshiva students, though there is also no real enforcement of this. Some people (including Netanyahu himself) have said that if the law is enforced, it would mean fining people or imprisoning them for the holy activity of learning Torah.

This is, however, a total obfuscation of reality.

Do you remember when the United States Government sentenced a number of Jews to prison for the crime of giving charity? These people gave money to charity, and because of this, they were sentenced to prison. It happened to lots and lots of Jews, such as Bernie Madoff, associates of the Spinka Rebbe, etc.

Of course, this is a nonsensical way of describing the situation. Bernie Madoff was not sentenced to prison because of what he did with his money. He was imprisoned because of what he didn't do with his money, i.e. to give it to the investors who it belonged to. People who are punished for tax evasion are not being punished for spending their money on houses and cars - they are being punished for not giving their money to the government.

Many years ago there was a movement to institute an additional learning session for people in kollel on erev Shabbos. Rav Steinman was against it. He said:

"The time before hadlokas neiros is one of the most hectic times in a home the entire week. It is cruel to leave one’s wife alone at the time to take care of the home and the children."

Would it be correct to portray Rav Steinman's position as being that “learning Torah is cruel and wrong”? Of course not. He was not talking about learning Torah in general. He was talking about learning Torah in a very specific circumstance - when you have an obligation to help your wife prepare for Shabbos. Such an activity is not holy, it is cruel and wrong.

Nobody is ever "sent to prison for learning Torah." They would be sent to prison for avoiding army service. They would not be going to prison because of what they are doing with their time; they would be going to prison because of what they are not doing with their time.

It is not remotely a crime in Israel to learn Torah. It is, however, a crime to evade conscription, whether you are secular or religious, and no matter what you are doing with your time. If my son were to abandon his army base and try to leave the country, he would be arrested. He can’t go for a ski trip to Georgia and he can’t go to Lakewood to learn. The crime is not about Torah; it’s about army evasion.

And likewise, it is not always a mitzvah, or even a good thing at all, to learn Torah. It’s disrespectful and wrong to learn Torah in the bathroom. It’s inappropriate and wrong to learn Torah on Tisha B’Av (except for certain topics). It’s blasphemous and wrong to learn Torah instead of going to shul. It’s cruel and wrong to learn Torah when your wife is desperate for help.

And it’s cruel and wrong, very cruel and incredibly wrong, to learn Torah when your brothers are absolutely desperate for help. There’s nothing holy about it.

A list of posts on the topic of IDF service is at Torah and Army: The Big Index