Q&A: The "Torato Omanuto" Exemption and Morality in Legal Actions
The "Torato Omanuto" Exemption and Morality in Legal Actions
Question
Is there a moral problem with using the "Torato Omanuto" exemption for yeshiva students (as long as it is used within the framework of the law, similar to the exemption given to an outstanding athlete)?
Answer
No. Why should there be? Of course, only for someone who is actually studying. Although in my personal opinion the exemption is granted far too broadly, as long as it is granted I do not see a problem with making (fair) use of it.
——————————————————————————————
Questioner:
More generally, is there a problem with using laws for purposes that are ostensibly “improper” — for example, legal accounting maneuvers (that do not involve lies) in order to reduce tax payments, or using legal bureaucratic maneuvers (that do not involve lies) in order to avoid military service?
——————————————————————————————
Rabbi:
The law itself recognizes tax planning as legitimate. I think that regarding taxes, if there is a situation that the law itself permits, there is no impediment to using it. But that of course depends on the context. When there are situations where the law deals with a moral question (like theft or slander), I do not identify morality with law.
——————————————————————————————
Questioner:
In your opinion, is a conscription law closer to a law that deals with a moral question, or closer to tax law?
——————————————————————————————
Rabbi:
That depends. If you are doing something of value in place of military service, then it is more similar to tax law (which also clearly has a moral aspect). And if you are just dodging, then the problem is primarily moral and not legal.
Discussion on Answer
Hello Ezra.
I already answered that. As long as the state allows it, and the people think that this is appropriate, there is nothing wrong with it. My personal opinion is that it is not right to give exemptions in such quantities. In any case, the comparison to athletes is incorrect; a priestess should not be treated like an innkeeper. And the rioting is certainly not appropriate. This is the well-known herd phenomenon, where a few human savages drag along a public that does not think.
Are all yeshiva students across the board considered outstanding athletes? Isn’t it cynical exploitation that such a huge number of people evade a moral, value-laden obligation? See the army Joshua son of Nun established in the service of Moses for the conquest of the Land of Israel.
And above all, the rioting of all these people under the cover of morality.