As a retired officer, I salute the outstanding officer Yedidia Bar-Nitzan, who has been imprisoned in Military Jail 6 for refusing to participate in the crime of expelling Jews from their land.
The question whether to refuse to carry out this stupid order is not a Halachic one.
Good behavior precedes Torah, as our sages have said, and civilized nations have come to realize simply that conscience comes before the law. This is even more true where G-d fearing soldiers are concerned, whose Torah learning clearly refines and emphasizes the simple human moral understanding that the expulsion of men and women, widows and orphans from their land is an unforgivable sin.
"And, one need hardly say, if the king enacted a law that abolishes a mitzva, he is not to be obeyed." (Maimonides, Hayad Ha'hazaka, hilchot melachim, chapter 3, Halacha 9)
One need hardly say? Actually, that which the Left has always understood with its natural morality, the Jews who wear knitted kippot do need to hear said. Refusal to obey an immoral order is the sole thing stopping society degenerating into a modern version of Sodom. "The rule of law" is a terrible expression that challenges the Creator and facilely covers up every abomination.
A small criminal perpetrates crimes in violation of the law.
A large criminal evades the law.
A giant criminal perpetrates crimes using the law.
He only requires that the public forget its conscience and replace it by the rule of law.
The law does not rule - good, truth, justice rule. In other words, G-d rules. The law is only a means to an end; it can serve truth and justice, but it can also serve falsehood and evil. Yedidia acted in accordance with his conscience, with his G-d who called to him from within the walls of his heart, and remained free of the idolatry of worshiping Israeli law. Because I established the Zo Artzeinu movement, which called for civil disobedience in the wake of the Oslo Agreements, I have frequently been asked how I regard the disobedience of people of the Left. I have always justified such disobedience. Although it was not G-d who called to them but self-deception, as long as they remain convinced that this is the voice of their conscience, they must obey it.
Yedidia Bar-Nitzan is the first sign of awakening from the chains of mental enslavement to dying secular Zionism that a generation of wearers of knitted kippot have imposed on themselves. His commanders attempted to make him a passive accomplice to the crime of expulsion: "Just go and bring water to the soldiers who are blocking the settlers' path." But the outstanding combat officer did not fall into the trap. He remained as pure as the driven snow: "I shall employ the law (the order) for the purpose for which it is intended - I joined the army in order to defend Jews, not to expel them from their homes and their land."
Yedidia was sentenced by a despicable court of law to 28 days imprisonment. But every soldier and officer who did not act like Yedidia, but participated in the terrible crime of expulsion, has been sentenced to appear before the terrible court of his conscience, for the rest of his life. He will hide his deed from the woman he marries, from his children, but this crime will pursue him till the end of his life.
Many people are probably making calculations of expediency: perhaps it is advisable for religious soldiers not to award the Left a pretext for removing them from the army. Those who advance this argument should attempt to find the point in time in which a believing soldier may act according to the dictates of his conscience. Those who put off their conscience for a more convenient opportunity will never find it. But if the occurrence of disobedience becomes widespread, the order will no longer be given. Then, and only then, will the believing soldiers reach positions of leadership in the army.
It is possible that sweeping refusal to obey the order for expulsion is the sole means left to the believing public in order to prevent the crime. Every soldier and officer has to make his own personal decision.
And what should the civilians do? They must support the conscientious objectors, and fight on the real front - the public front - in preparation for the day when officers such as Yedidia will lead the Israeli army.
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Moshe Feiglin is head of the Manhigut Yehudit faction in the Likud party and a former prime ministerial candidate.