It boggles the mind. Not once, but several times, the representatives of the Judea, Samaria and Gaza (Yesha) Council declare that they are emphatically against soldiers refusing orders to evacuate the settlements. "The army and the state," they declare, "are too important to undermine."
They don't get it.
The army and the state are merely vehicles, extensions of the will of the people. These institutions mean nothing in themselves, and if they were to act in opposition to that will, they lose all authority and validity. A state that fails to protect its people loses its "monopoly" of enforcement.
Contrary to their stated opinion, the army and the state are not the most important elements of our people. G-d is, and by extension, His Torah. In other words, if the state or the army were to give an immoral or illegal order, it is one's holy obligation to refuse such an order.
This may come as a surprise to some, but I learned this principle during basic training the IDF. When I made aliyah some fifteen years ago to serve in the army, my Hebrew was lousy, yet this principle was so important, one of my commanders took the time to explain it to me in English, to be sure that I understood.
"We are not Nazis," he told me, "we can never say, 'I was just following orders.'"
It was taught (to me at least) in the IDF that I have a right, if not an obligation, to refuse to carry out an order that I think is illegal or immoral. Of course, it is not so cut-and-dry. There is a chain of command, which one needs to follow. Further, by refusing to carry out an order, one must face the consequences, which may include court martial and jail, unless he can prove his convictions are correct.
Later, I learned that this principle is grounded solidly in Torah. "If a king [or all the more so, a prime minister] makes a decree nullifying or opposing a mitzvah, we do not follow it (Rambam, "The Laws of Kings" 3:9)." In other words, all Jews have an obligation to refuse to follow orders that oppose the decrees of the King of Kings.
Should soldiers be encouraged to refuse orders to evacuate settlements? It shouldn't even be a question. Of course they should. In fact, the Yesha Council should be using its limited resources to place such information into the hands of the soldiers, so that they each can make an informed decision.
Soldiers are not slaves of the state, thank G-d, and our army is the declared army of the people. This people happens to be the Jewish People, and the source of our morality is G-d and His Torah. Our rabbis have already ruled that the evacuation of the settlements is a violation of Torah, and thus, immoral. So what's the question?
Of course soldiers should refuse illegal and immoral commands. We will never accept the excuse that they were "just following orders."
They don't get it.
The army and the state are merely vehicles, extensions of the will of the people. These institutions mean nothing in themselves, and if they were to act in opposition to that will, they lose all authority and validity. A state that fails to protect its people loses its "monopoly" of enforcement.
Contrary to their stated opinion, the army and the state are not the most important elements of our people. G-d is, and by extension, His Torah. In other words, if the state or the army were to give an immoral or illegal order, it is one's holy obligation to refuse such an order.
This may come as a surprise to some, but I learned this principle during basic training the IDF. When I made aliyah some fifteen years ago to serve in the army, my Hebrew was lousy, yet this principle was so important, one of my commanders took the time to explain it to me in English, to be sure that I understood.
"We are not Nazis," he told me, "we can never say, 'I was just following orders.'"
It was taught (to me at least) in the IDF that I have a right, if not an obligation, to refuse to carry out an order that I think is illegal or immoral. Of course, it is not so cut-and-dry. There is a chain of command, which one needs to follow. Further, by refusing to carry out an order, one must face the consequences, which may include court martial and jail, unless he can prove his convictions are correct.
Later, I learned that this principle is grounded solidly in Torah. "If a king [or all the more so, a prime minister] makes a decree nullifying or opposing a mitzvah, we do not follow it (Rambam, "The Laws of Kings" 3:9)." In other words, all Jews have an obligation to refuse to follow orders that oppose the decrees of the King of Kings.
Should soldiers be encouraged to refuse orders to evacuate settlements? It shouldn't even be a question. Of course they should. In fact, the Yesha Council should be using its limited resources to place such information into the hands of the soldiers, so that they each can make an informed decision.
Soldiers are not slaves of the state, thank G-d, and our army is the declared army of the people. This people happens to be the Jewish People, and the source of our morality is G-d and His Torah. Our rabbis have already ruled that the evacuation of the settlements is a violation of Torah, and thus, immoral. So what's the question?
Of course soldiers should refuse illegal and immoral commands. We will never accept the excuse that they were "just following orders."