Where do we stand with respect to contemporary Rabbinic authority? Do we maintain that the "cannon" was closed 500 plus years ago and therefore contemporary gedolei yisroel have no more say or do we believe that even today our great sages guide us in applying the eternal Torah law on to present day situations? I firmly subscribe to the latter approach. Every generation is different and that is why Hashem provides us in every generation with tzadikim who know what the law and spirit of the Torah dictates.
My intention is not to define who the true gdolei yisroel are - that is usually decided by Klal Yisrael. Rav Moshe Feinstein wasn't elected democratically as "King Of The Jews". Because of his sfarim and shiurim, people realized that he was a top gadol bi-yisrael. And so numerous others until our day.
Here is an article from a Rosh Yeshiva of a hesder yeshiva on the obligation to serve in the army. I preface by saying that I studied for 13 years in a yeshiva where all of the Israelis served and I hold soldiers in very high regard for their self-sacrfice on my behalf and on behalf of the Jewish people. That does NOT mean that everybody should serve. That is a question for gdolei yisroel.
The Army: Volunteer, a Mitzva, or an Obligation
From the days when our state was established until today, the Israel Defense Forces have acted exactly as the name implies. The IDF is responsible for defending the country and its citizens, and for fighting back against those who attack us and try to destroy us. Any war that the IDF fights is clearly defined as a "War of Mitzva" – a commandment by G-d. Therefore, the first thing we must do is to clarify if every Jew is personally obligated to participate in this War of Mitzva.
In the portion of Ki Teitzei, the Torah gives a list of soldiers who are sent home and are not expected to fight in a war. The Sifri derives from the opening phrase, "If you go out to war" [Devarim 20:1], that this is a case of a "Voluntary War" (since everybody must participate in a War of Mitzva, without exception). In the Mishna, after the laws of those who are sent home from war, it is written:
"What case is this? It is a Voluntary War – but in a War of Mitzva everybody must go out, even a groom from his room and a bride from her wedding canopy. Rabbi Yehuda said, What case is this? It is a War of Mitzva, but in an Obligatory War everybody must go out, even a groom from his room and a bride from her wedding canopy." [Sotta 5:7].
The Babylonian Talmud explains that Rabbi Yehuda disagrees with the other sages and feels that only in an Obligatory War everybody must participate but not in a War of Mitzva, when a person who is performing another mitzva is allowed to continue what he is doing and is not required to go to war. Rava defines the different types of war:
"The War of Yehoshua to conquer the land is an Obligatory War according to all opinions. The war of the House of David to expand the boundaries, is a Voluntary War according to all opinions. The disagreement is about a war to reduce the number of idol worshippers so that they will not attack. One calls this a mitzva and the other one calls it voluntary." [Sotta 44b].
The Rambam defines the difference between a mitzva and an obligation:
"There are mitzvot which a man must pursue until he can fulfill them, such as tefillin, succah, lulav, and shofar. And these are called an obligation, because a person must always make an effort to observe them. And there are mitzvot which are not obligatory but are similar to avoluntary act, such as mezuzah and fencing in a roof. In this case, a person is not required to live in a house in order to obligate himself to perform the mitzva. If he wants to live all his life in a tent or on a boat he is allowed to do so, and he is not obligated to build a house so that he will be able to put a fence around the roof." [Hilchot Berachot 11:2].
Rabbi Yochanan (in the Yerushalmi, also quoted in the Babylonian Talmud), explains that Rabbi Yehuda and the other rabbis do not disagree, they simply used different terminology to describe the same phenomenon. But according to Rav Chisda, there is a definite disagreement. According to the sages Yehoshua's war of conquest was an obligation and David's war of expansion was a mitzva, while Rabbi Yehuda feels that a war where the enemy attacks us is an obligatory war, while when we attack the enemy it is a voluntary war. This means that Rabbi Yehuda does not feel there is an obligation to participate in a preventive war.
However, this seems to be quite problematic. If we do not preemptively attack an enemy our lives will almost definitely be in danger. Why isn't there an obligation to do a preemptive strike? As is written in Or Zarua with respect to desecrating Shabbat when Gentiles are placing a siege on Yisrael, "Even if they have not yet come but we hear that they want to come – Shabbat should be desecrated."
Defense and Attack
In both the Babylonian and Yerushalmi Talmud, it seems clear that if an enemy is poised ready to attack and there is therefore a direct security risk, any war will have the status of an obligation. Rabbi Yehuda only referred to a case where we initiated the war against an enemy and control the battle. A preventive war is a mitzva in any case, according to the Or Zarua, but the law that everybody must go to battle, as in a case where we have been attacked, is not in effect.
The halachic basis for this case is discussed by the Chazon Ish:
"It would seem that the law that even a groom leaves his room in a War of Mitzva does not involve a case where the people are needed for victory in a war – since it is obvious that in the case of a mortal danger and in order to rescue the nation everybody is required to participate. However, even in a case where only a specific number of people are needed... a groom can be taken from his room, since in a War of Mitzva nobody is allowed to leave the battle and return home." [Chazon Ish, Eiruvin, Likutim 114].
The Rambam rules in Hilchot Melachim (85) that helping to save Yisrael from an attacker who rises up against them is a War of Mitzva. As such, the king has the right to force the people to join him in fighting. This is because the laws of returning home from battle are relevant for a Voluntary War, but in a War of Mitzva everybody must come. In addition, the Rambam rules, "If Gentiles put a siege on cities of Yisrael... Every Jew who is capable has a mitzva to go out and help his brothers, who are under siege, and to save them from the Gen
tiles on Shabbat..." [Hilchot Shabbat 2:23].
"Heroes Coming to the Rescue with the Help of G-d"
In modern times, the routine task of the army is to prevent terrorist acts and to be prepared for a future war against the Arab countries, which want to destroy the State of Israel. Thus, the point of joining the army is to be ready for a war, which is definitely a War of Mitzva, with the purpose of saving Yisrael from an enemy. It is therefore very clear that the law that "everybody is conscripted" applies to all the people. Any proposal whose purpose is to cancel the obligation that "everybody is conscripted" and to transform the IDF from "the people's army" into a "hired professional army" is contrary to the instructions of the Torah. For such a proposal, the curse of Devorah the Prophetess is relevant: "Curse Meroz... Let its inhabitants be cursed because they did not come to the aid of G-d, to help G-d and His heroes" [Shoftim 5:23].
Devorah implies that coming to the aid of the people is the same as coming to the aid of G-d, since the wars of Yisrael are a War of Mitzva. We will end with the words of Moshe to two and a half tribes, "Will your brothers go to war while you remain here?" [Devarim 32:6].
Everything written above is true. HOWEVER, all of these sources were known to Rav Shlomo Zalman Auerbach and in his yeshiva the students didn't serve [nor did his children]. Rav Moshe Feinstein [in Igros Moshe] also held that one should preferably go to yeshiva and not the army. No Chasidic yeshiva sends or encourages army service. Rav Ovadiah Yosef fought very hard to annul the mandatory draft. He said that it hurts him more than the death of his son Rebbi Yaakov! The list goes on and on. So of course the sources indicate that there is an obligation to serve in the army, but ALL of the gdolei yisrael [to the best of my knowledge] maintain that in the contemporary circumstances, it is better not to serve. Rav Shteinman and others made exceptions for boys who dropped out of yeshiva and were roaming the streets. For them a religious unit is the preferred option. Other gdolim such as Rav Shmuel Auerbach disagree vehemently and feel that under no circumstances should a boy [and certainly girl] serve in the IDF.
I don't agree!!
I also don't disagree!!
I am a nobody. Expressing my opinion against the gdolim is like a person who reads the Science Times insert of the New York Times and then advises his surgeon on the various options for a successful surgery and treatment. Too little knowledge and experience for his opinion to carry weight.
One of the 48 Kinyanei Torah is אמונת חכמים. It is critical to believe that the tzadikim and gdolei Torah know more that the average man. Otherwise the Torah is transformed chas vi-chalila into a silly website or blog where everybody offers their uneducated opinion.
I think I know why the gdolim were so against army conscription but that is not the topic of this post.
I also add that this does not diminish my respect and adulation for our chayalim. But respect and agreement are two different things.
Hashem yishmor tzeisam o'boam may-atah vi-ad olam.
