Q: These days, IDF soldiers are bravely fighting to defend our People and our Land. Meanwhile, the coalition intends to pass a law in the near future that will regulate the status of yeshiva students concerning military service, with implications for the entire Haredi community. Based on past experience, there is concern that such a law might allow thousands of Haredim who do not study as required of yeshiva students, to be exempt from military service. What is the Torah’s view on this, and how should Knesset members vote according to halakha?
A: The question is divided into three parts:
a. Are Torah students exempt from military service?
b. Is the proposed law good?
c. Is it appropriate to bring down a government over these laws?
I will address each part separately.
The Commandment to Serve in the Army
It is a great mitzvah and obligation from the Torah for every healthy man to enlist in the Israel Defense Forces, including Torah students. Two mitzvot form the basis of this obligation, each being a general mitzvah equivalent to all the commandments: 1) Saving Israel from its enemies. 2) Settling the Land, ensuring it remains in our hands as promised by Hashem to our ancestors and to us, and not in the hands of foreigners.
Saving Israel
It is a great mitzvah from the Torah to save a person in danger, as it is written: “Do not stand idly by the blood of your neighbor” (Leviticus 19:16). Our Sages said: “Whoever saves the life of one Jew, it is as if he saved an entire world” (Sanhedrin 4:5). To save a life, one must desecrate the Sabbath and violate other commandments (except the three cardinal sins). This demonstrates that saving one life is equivalent to all commandments.
The commandment to save lives obligates a willingness to take risks, as our Sages said: ‘From where do we learn that if one sees their friend drowning in a river, or a wild animal dragging them, or bandits coming to kill them, one is obligated to save them? It is stated: “Do not stand idly by the blood of your neighbor” (Sanhedrin 73a). Some poskim (Jewish law authorities) say this refers to a minor risk, similar to the risk one would take to save all their money (SMA, Shulchan Aruch HaRav, Mishnah Berurah 329:19), while others say it refers to a significant risk (Beit Yosef Choshen Mishpat 426, based on the Jerusalem Talmud and Haggahot Maimuniyyot, and Rabbi Tzvi Yehuda; Peninei Halakha: Ha’am ve’Ha’aretz 4:1).
Risking Lives in an Obligatory War
This applies to saving an individual. However, when it comes to savingClal Yisrael(all of Israel), it is a clear Milchemet Mitzvah(Torah obligatory war), as the Rambam wrote: “What is an obligatory war? …a war fought to assist Israel from an enemy which attacks them” (Hilchot Melachim 5:1). The commandment of war requires each individual to take significant risks beyond what is required to save individual Jews. Soldiers must be prepared to enter situations with a high risk to their lives to ensure victory.
As Maran Rabbi Kook wrote (Mishpat Kohen 143), the principle of “and live by them,” from which we learn that pikuach nefesh (saving a life) overrides all commandments, does not apply in times of war, as public laws differ from individual laws. For the sake of the existence of the public, individuals must be prepared to enter danger (and similarly written in Tzitz Eliezer 13:100).
The Commandment to Settle the Land
The second commandment is the mitzvah ofYishuv Ha’aretz (settling the Land), as it is stated: “You shall dispossess the inhabitants of the Land and dwell in it, for I have given you the Land to possess. You shall inherit the Land” (Numbers 33:53-54). Our Sages taught that this mitzvah is equivalent to all other mitzvot combined (Sifrei, Re’eh, sec. 53). This mitzvah even overrides the principle of pikuach nefesh for individuals, as we were commanded to conquer the Land, and the Torah does not intend for us to rely on miracles.
Since every war involves casualties, the commandment to conquer the Land obligates us to endanger lives for its sake (Minchat Chinuch 425, 604; Mishpat Kohen, p. 327). All the more so, we must fight to defend the parts of the Land already under our control.
The mitzvah of settling the Land applies in every generation, as noted by Ramban, and many other halakhic authorities. Only due to circumstances beyond our control, namely the lack of military and political capability, were we unable to fulfill this commandment during the long exile. Some poskim hold that according to Rambam, since the destruction of the Temple, there is no commandment to conquer the Land. However, all agree that Rambam considers it a mitzvah to reside in the Land. Consequently, if enemies seek to conquer parts of the Land that we already possess, the mitzvah of settling the Land obligates us to fight to retain them, as it is forbidden to transfer any inheritance in the Land of Israel to non-Jews (Divrei Yehoshua, vol. 2, Orach Chaim 48; Melumdei Milchama, vol. 1; Peninei Halakha: Ha’am ve’Ha’aretz4:2).
Failures in Command Do Not Nullify the Mitzvah
Even though many justifiably criticize commanders, the secular atmosphere, and military policies, this does not negate the mitzvah to enlist in the army. Despite all criticisms, without the IDF, our enemies would rise to destroy us. Moreover, since the mitzvah of military service is fulfilled by humans, strategic or tactical errors are sometimes inevitable. This has been the case throughout history when Israel maintained an army. Many kings and commanders committed grave sins, yet the mitzvah to fight for the people and the Land remained binding. When we failed to fulfill this great mitzvah, we suffered terrible calamities. Therefore, while criticism of the IDF is necessary to improve and rectify its flaws, the mitzvah to enlist remains steadfast.
Torah Students Are Obligated by the Mitzvah
Despite the immense importance of Torah study, it does not override the mitzvah of military service. We find that the disciples of Yehoshua bin Nun and King David would go to war, undeterred by the concern of interrupting their Torah study. Only when Yehoshua refrained from preparing for battle unnecessarily, was he criticized by the angel for neglecting Torah study (Megillah 3a). Furthermore, the Book of Numbers is called the “Book of the Countings” because it lists all the male soldiers preparing to conquer the Land.
Our Sages also taught that in a Milchemet Mitzvah, “everyone goes out, even a groom from his chamber, and a bride from her canopy” (Mishnah Sotah 8:7). Any mitzvah that cannot be performed by others takes precedence over Torah study (Moed Katan9a).
Torah students cannot claim their lives are more valuable than those of their fellow Jews. Indeed, the Kohanim and Levites participated in obligatory wars as regular soldiers. Additionally, the Levites served as officers overseeing conscription and exemptions, and the Kohanim inspired morale (Peninei Halakha:Likutim vol. 1, sec. 2). When our Sages said that Torah scholars do not require protection (Bava Batra 8a), they referred to protection against theft, not from the duty to defend the people and the Land.
A. The Correct Law According to the Torah
In light of the above, the correct law according to the Torah is that all Israeli men, including Torah students, are obligated in military service. (I will address the matter of women serving in the IDF and civilian frameworks on another occasion.) However, when the war effort does not necessitate drafting all Torah students, it is appropriate to defer the enlistment of outstanding students destined to become great rabbis and educators, who will instill observance of all mitzvot, including military service, in their students.
Additionally, due to the immense value of Torah study, shorter service tracks for yeshiva students should be established, similar to the model of Hesder yeshivas. Ideally, the majority of Israel would join Hesder yeshivas, as this would not only enhance Torah study, but also provide the IDF with more dedicated combat soldiers whose shorter service would contribute more effectively than the average current service.
B. Is the Proposed Law Good?
In our current situation, where a significant community follows its rabbinic leaders who mistakenly instruct them not to enlist, it is evident that coercive conscription is not feasible. Therefore, the proposed law must be evaluated to determine whether it will encourage Haredi enlistment, or not. This requires a deep examination of the obstacles to their enlistment, and the measures that could encourage it. Additionally, past initiatives and laws should be assessed for their successes and failures, including the behavior of the IDF (for example, undermining the independence of the military rabbinate has been detrimental).
To provide a detailed and responsible halakhic position on the draft law, I would need to dedicate at least two months to studying this social and military issue. Thus, I cannot yet provide a definitive stance. However, this does not preclude individuals from expressing their opinions on this important issue with responsibility, and love for Clal Yisrael. I hope our representatives will draft a law that advances us toward fully fulfilling this mitzvah.
C. Should the Government Be Brought Down?
Even if the law proves to be flawed, one must ask whether opposition to it could lead to the government’s downfall. This raises a separate question: those who believe that a right-wing government enhances Israel’s security, whereas a left-wing government endangers it—including the safety of IDF soldiers—might feel compelled to support a flawed law to preserve the government, hoping for future improvements. Conversely, those who believe the right-wing government harms Israel, might oppose even a relatively good law to attempt to bring down the government.
This discussion also requires public input, but the principle of the mitzvah of military service should not be conflated with the issue of the government’s stability. Torah scholars bear the responsibility to clarify the mitzvah itself, as errors in Torah reasoning are grievous. However, the debate over government stability, though important, is a distinct matter.
This article appears in the ‘Besheva’ newspaper and was translated from Hebrew.