Are Jews Required To Fight In Israel’s Wars?
Dear Jew in the City,
Is there an obligation from a Jewish law perspective to defend the land of Israel in battle? If so, why is there a large group that refuses to fight?
Sincerely,
Edith
Dear Edith,
Thanks for your question, which is more timely than you may realize. (In fact, it’s so timely that the answer is subject to change very soon!)
The first thing to understand is that Israel, while the only Jewish-majority nation in the world, is not a theocracy. While many wish it were, many more are glad that it’s not. This is easily illustrated by comments made in 2019 by Knesset member Bezalel Smotrich, who declared to a conference of rabbis that he would “like the state to act according to the Torah and halacha.”
This received a lot of pushback from Israel’s secular politicians, including MK Avigdor Lieberman, who said that “Jewish law is an important and critical part of the Israeli justice system, but Israeli law cannot be Torah law.”
And that’s an important distinction. Torah law informs Israeli law, but Israeli law is not identical with Torah law.
There are, of course, plenty of individuals who observe Torah law, and plenty whom we would expect to. Therefore, the question is whether Torah requires army service and, if so, whether those who fail to do so are in violation of the law.
At first glance, it would seem that the Torah does indeed require army service. The Torah includes extensive censuses of those in the wilderness following the Exodus who were eligible for military service, starting at the age of 20. (See Numbers chapter 1 et al.) And, of course, Deuteronomy chapter 20 lists those who are exempt from military service: basically, those who have recently built a house, planted a vineyard or betrothed a woman, plus cowards who will dishearten their fellow soldiers with their timidity.
But this is just for optional wars, such as wars of expansion. For obligatory wars, even a groom is taken from his wedding to fight (Sotah 44b). According to the Rambam, a defensive war is in the category of an obligatory war (Melachim 5:1).
But does this apply to the modern-day State of Israel? Remember, Israel is a Jewish state, but a democracy, not a monarchy or a theocracy. Israel doesn’t currently have a king, a Kohein Gadol or a Sanhedrin. So, who says the Biblical laws apply in such a situation?
In truth, there wasn’t much in the way of precedent for 2,000 years or so. Sure, we had armies in Biblical times, but we didn’t for millennia of exile and foreign rule. When the modern State of Israel was founded, the rabbinic authorities had to consider whether a draft was even permissible, let alone obligatory.
Why might a draft be impermissible you ask? Because of the law requiring us to save others who may be endangered (Leviticus 19:16). There is certainly an obligation to attempt to rescue those who may be in peril, but we are not required to do so if one is likely to be killed in the attempt (Sanhedrin 74a). Based on this halacha, if the conditions for conscription aren’t met according to the Torah’s parameters, then a draft might actually be prohibited!
The rabbinic “founding fathers” looked at a number of sources to determine the answer to this question. They considered the aforementioned statement of the Rambam (Maimonides), that participating in defensive wars is obligatory (something that shouldn’t be affected by whether the government is a monarchy or a democracy). They looked at the ruling of the Ramban (Nachmanides), that there is an ongoing Torah obligation to conquer the land of Israel (as opposed to a one-time obligation in the time of Joshua). This, of course, would justify a draft not just for defensive wars. They even considered the precedent of Queen Esther, who was convinced by Mordechai to risk her own life in order to save the Jews. How could he pressure her to do such a thing if one isn’t obligated to risk their own life to save others? Because the rules are different when the fate of the nation is on the line.
It should be obvious that the rabbis landed on the position that a draft is permitted, which brings us to the question of why some don’t fight. You’ll note that the list of people exempted from military service in Deuteronomy chapter 20 doesn’t include yeshiva students. And even those who are exempted in that chapter still have to participate in obligatory wars, which we have noted includes defensive wars. So why are yeshiva students exempt today?
The military exemption for yeshiva students dates all the way back to 1948, and for very good reason: the yeshivas of Europe had been wiped out in the Holocaust and the future of Torah was in jeopardy. Rav Yitzchak HaLevi Herzog, the first Chief Rabbi of Israel, wrote to David Ben Gurion, the first prime minister, how tens of thousands of yeshiva students had been eradicated, and that yeshiva students in Israel should be exempted from military service because Torah is also a necessary component of the State of Israel. He later wrote in a responsum that this should include even obligatory wars because of the danger of Torah being forgotten. The argument had merit, and such exemptions were instituted.
The issue today is that things have changed. Torah, thank God, is ubiquitous and in no imminent danger of being forgotten. Also, it’s questionable whether it makes sense to exempt every 18-year-old – many of whom are, shall we say, not exactly budding Torah scholars – just because they happen to be enrolled in yeshivas. So, there are those who feel the law should be changed.
In fact, the law is changing! The Israeli court ruled in 2017 that the law was unfair to the secular majority, and the extensions of that policy expired just last month (March 2024). The IDF has already started drafting yeshiva students and subsidies previously paid to yeshivas are being frozen.
But the debate is still ongoing and some middle ground may be reached. As the Talmud Yerushalmi says (Chagigah 1:7), our teachers of Torah are an integral component of our national defense. So perhaps the historic exemption was too broad, but maybe some concessions do need to be made for students who actually are the next wave of Torah scholars.
The deadline for this round of debate on the subject is in August, so keep an eye on the news for updates on the answer to your question!
Sincerely,
Rabbi Jack Abramowitz
Educational Correspondent
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Great article! There is also the issue that parents of yeshiva students are concerned that their sheltered yeshiva sons would suffer spiritually. This is a valid concern that has merit too.
In the current situation, concern that ones son may suffer spiritually is *not* a valid concern in any way shapre of form. First the are lots of things that we need to do in life that may cause some danger spiritually, including going out to work. It is not legitmate to say I dont want to work becuase of the spiritual dangers.
Further there is an absolute obligation from the Torah to join the army . the idea that talmdiei chachamim have a complete exemption from militrary service in the current circumstances represents a severe distortion of Torah sources. The fact that some many big rabbis say this so often does not make it true. None of these rabbis have ever responed to the overwhelming challenges posed to them by Rleigious zionist rabbis. This is because they have no answers. further very few of thsoe claiming such an exemption come any where near tot he standards set in the halakha for some one to claim benefits for being a torah scholar. I would be happy to discuss this further privately. you can fin dmy email on the Bar ilan university web site.
Further, the army has developed many tracks for service that minimize the spritual risks for charedi soldiers. The charedi leadership is extremely opposed to these programs and very few charedim have signed up for them. the issue is clearly not really about “spiritual dangers”
Finally anyone who is afraid to send their child the army becuase of the “spritual dangers” that they might not comeback “charedi” (this is the concern that is always raised- not they they will come back no longer shomer mitzvot, just that they will not be exactly like their parents) represents truely mixed up values. The fear that every parent faces when sending their son to the army is that the will not comeback at all! or if they do they will be severaly injured, phyically or mentally. many are also concerned about the spritual dangers, and we do our best to prepare them to face them. We all send our sons anyways, because if we did not we would all be dead! saying that you are afraid the “Spritural dangers” is simply not a legitmate resposn to parent who sned theirapsring takmedie chachamim off to fight.
I am a Jewish US army veteran. There are many Orthodox Jewish Chaplains in the U.S. military. I am sure they are not suffering spiritually
Maybe there is no obligation to serve in the IDF. Here are two reasons why: If Israel is a democracy, why not draft non-Jews too? Why Jews only? The PM of Israel continues to give ‘humanitarian aid’ to Gaza. Much of it is taken by Hamas. Why should anybody serve in Gaza when the Israeli government is funding the enemy? The average Israeli must serve but the government can give aid indirectly to Hamas? Really?
Arabs are not drafted because we are concerned about a conflict of interests if Israel is fighting against Arab countries. (e.g. for comparison – how would a Jew feel if he was drafted into an army that is fighting against Israel?) but Arabs who volunteer are accepted (and many do). also the Druze are 100% loyal to Israel and they are drafted. as for the “humanitarian aid”, Israel is under immense international pressure due to Hamas’s false claim as if there is “starvation” in Gaza (when the only ones starving there are Jewish hostages). anyway, Israel makes every effort to prevent this “humanitarian aid” from falling into the hands of Hamas, and recently they have been moderately successful in that.
Not an answer. If Israel is a democracy, everyone must be drafted especially since the law states that anyone who is a citizen or a permanent resident must report for duty. Secondly, once war is declared, can’t give ANY aid or comfort to the enemy. That would be TREASON.
the fact that you do not agree with a particular fovernmnet policy is in no way shape or form a legitmate reason to refuse to be drafted. When left wingers attempt this argument it is rejected by those onthe right. they should be consistent. Only a fool would want to draft all Arabs into the IDF. And if Charedim want to be treated like Arabs, they too are fools. But like most Arabs they do not see themselves as having any real responsiblity towards the jewish people. As they say all the time, their only concern is their own group, though they make specious claims that some how they are helping the state.
When the Israeli government indirectly funds the enemy, why can’t any Israeli – not only Charedim – refuse to serve? We are not talking about government policy. We are talking about outright treason. The law and the definition of democracy says that Arabs must serve. If the Arabs can’t be trusted, why keep them in the country? Must make up your mind what kind of country Israel should be and stop playing games with the definitions of democracy and a Jewish state.
There is difference between a particular government policy and giving aid and comfort to the enemy after war has been declared. If you can’t tell the difference – you got a problem.
‘Conflict of interests’ are irrelevant. In a democracy, everybody serves – period. If they have a ‘conflict,’ they should live somewhere else. It is that simple. Israel is not very successful in preventing the ‘humanitarian aid’ from going to Hamas. Even a little is an outrage. Who is more important – IDF soldiers or ‘enemy civilians’ who deep down support Hamas?