The Question:
I have heard that members of the Haredi community claim that yeshiva boys are exempt from military service because they are considered like members of the Tribe of Levi, who dedicated themselves to Torah study, and did not divert their minds to anything else.
And even though many in the Haredi community are not descendants of the Tribe of Levi, any Jewish person may choose to conduct himself like the Tribe of Levi, as the Rambam wrote:
“And why did Levi not merit an inheritance in the Land of Israel and its spoils together with his brothers? Because he was set apart to serve the Lord, to minister to Him, and to teach His straight ways and His righteous laws to the public, as it is said: ‘They shall teach Your judgments to Jacob and Your Torah to Israel.’ Therefore, they were set apart from the ways of the world-they do not wage war like the rest of Israel, and they do not inherit or acquire for themselves by the strength of their bodies.
"Rather, they are the Lord’s Legion, as it is said: ‘Bless, O Lord, his army.’ And He, blessed be He, provides for them, as it is said: ‘I am your portion and your inheritance.’
"And not only the Tribe of Levi, but any person from among all the inhabitants of the world whose spirit generously moves him, and whose intellect understands to set himself apart to stand before the Lord, to serve Him, and to worship Him, to know the Lord, and who walks uprightly as God made him, and who throws off from his neck the yoke of the many calculations that people seek-behold, he becomes sanctified as Holy of Holies. And the Lord shall be his portion and inheritance forever and ever, and He will grant him in this world that which is sufficient for him, as He has granted to the Kohanim and the Levites. As David, peace upon him, said: ‘The Lord is my portion and my cup; You maintain my lot.’” (Hilchot Shemittah ve’Yovel 13:12-13).
Anwer: Two Errors
There are two fundamental errors in the position that claims that the sons of the Tribe of Levi did not take part in the wars of Israel:
1. In practice, numerous Kohanim and Levites participated in the wars of Israel like all other soldiers; among them were great righteous men, such as Benaiah son of Yehoiada.
2. Moreover, before the Kohanim and Levites took part in the wars as regular fighters, they led the soldiers of Israel in their battles: as the Kohen anointed for war, as bearers of the Ark that went out with the fighters, as those who blew the trumpets, as officers responsible for exemptions from the draft, and as officers who harshly punished those who fled the battlefield.
In other words, they served as the “Military Rabbinate Corps,” “Education Corps,” “Military Police,” and “Military Prosecution,” and afterward, still participated as regular fighters. Thus, in practice, they participated in the wars more than all the other tribes.
Since the damage caused by an error in such an important issue is very serious, and as our Sages said: “A mistaken ruling in learning is counted as intentional wrongdoing” (Avot 4:13), I will expand upon these foundations.
Kohanim and Levites Participated in Wars
In practice, Kohanim and Levites participated as fighters in Israel’s wars. And so, we find that at the coronation of David as king over all Israel, “the heads of the ranks for battle,” as representatives of the tribes of Israel, were sent to Hebron-including Levites and Kohanim, as it is said:
“And these were the numbers of the heads of the ranks for battle who came to David at Hebron, to turn the kingdom of Saul to him according to the word of the Lord: From the sons of Judah, bearing shield and spear-6,800 armed for war. From the sons of Simeon, mighty men of valor for war-7,100.
"From the sons of Levi-4,600. And Yehoiada the leader of Aaron, and with him 3,700… (and fighters from other tribes are also counted there) all these were men of war…”
(1 Chronicles 12:24-39).
Benaiah son of Yehoiada the Kohen - Commander of the Army
Moreover, we find that Benaiah son of Yehoiada was the commander of the army of King Solomon-the top military commander-as it is said: “And Benaiah son of Yehoiada was over the army” (1 Kings 4:4). And he was a Kohen, as it is said: “Commander of the army… Benaiah son of Yehoiada the Kohen was chief, and over his division were twenty-four thousand” (1 Chronicles 27:5). And it is impossible that he reached this position without it being accepted that Kohanim served in the army as fighters.
Over time, Benaiah proved himself a mighty warrior and outstanding leader, and was chosen to head the army. Thus, Benaiah continued the legacy of his father Yehoiada, who was commander over the priestly fighters in the army of Israel, and who participated in the coronation of David, as mentioned in Chronicles (1 Chr. 12:24). So explained Rashi, Radak, Metzudat David, and Malbim.
Regarding Benaiah son of Yehoiada, our Sages said (Berachot 3b) that together with being a mighty warrior and military commander, he was head of the Sanhedrin. It is further said of him:
“And Benaiah son of Yehoiada, son of a valiant (living) man, great in deeds, from Kabzeel-he struck down the two Ariels of Moab, and he went down and struck the lion inside the pit on a day of snow.” (2 Samuel 23:20).
Our Sages expounded:
“‘Son of a living man’-that even in his death he is called alive.
‘Great in deeds from Kabzeel’-that he multiplied and gathered deeds for Torah.
‘He struck the two Ariels of Moab’-that he left none like him in the First Temple, nor in the Second.
‘He went down and struck the lion in the pit on a snowy day’-some say that on a cold day, he broke the ice and immersed; and some say that he studied with self-sacrifice even in very cold days.” (Berachot 18b).
Thus, his immense heroism did not harm his greatness in Torah; on the contrary.
They Also Participated in Optional Wars
From several discussions in the Talmud, we learn that the Kohanim went out to war together with the other fighters of all the tribes. The law is that a fighter who married a woman is exempt from an optional war (milchemet reshut) during the first year of his marriage. However, our Sages said in the Mishnah (Sotah 43a) that if it happened that a High Priest married a widow, or that a regular Kohen married a divorcée-since these are not valid marriages-they are not exempted from an optional war in the first year. Thus, it infers that the Kohanim would go out to fight - even in an optional war.
Another law concerns soldiers: in a situation of necessity in an optional war, they were permitted an “eshet yefat to’ar” (the war-captive woman) (Rashi, Deut. 21:10). However, the Talmud (Kiddushin 21b) raises the question of whether Kohanim who went out to an optional war were permitted an ‘eshet yefat to’ar’, or whether, due to their restrictions on marrying a convert, she would be forbidden to them. Again, we learn incidentally that it was obvious to our Sages that the Kohanim participated in optional wars.
Those Who Exempt but Agree There Is a Mitzvah
Indeed, some have learned from the Rambam quoted above, that the Tribe of Levi is not obligated even in an obligatory war, but that the Kohanim and Levites could volunteer-just as the righteous Kohanim such as Benaiah son of Yehoiada did-and therefore our Sages discussed the laws of a Kohen who finds himself in war. So wrote:
Rabbi Tikochinsky (Torah and State V-VI, “Exemption of Yeshiva Students from the Draft”)
Rabbi Reuven Katz (Sha’ar Reuven pp. 63-69)
Rabbi Shalom Messas (Shemesh u’Magen III, Yoreh De’ah 20)
Rabbi Neria (Me’orot Neria, Israel in Its Land pp. 91-92)
Rabbi Zolty (Mishnat Yaavetz, Shemittah ve’Yovel 13:12)
Rishon LeTzion Rabbi Mordechai Eliyahu (Ma’amar Mordechai, Hilchot Shabbat V:108:3)
Rabbi Chaim Kanievsky (Derech Emunah, Hil. Shemittah ve’Yovel 13:12).
Difficulties With Their View
However, it is very difficult to accept their words, for our Sages said in the Mishnah:
“In obligatory wars (milchamot mitzvah), everyone goes out-even a groom from his bridal chamber, and a bride from her canopy” (Sotah 44b).
An obligatory war is a war to save Israel from its enemies. And if everyone goes out, it is clear that this includes Kohanim and Levites-after all, we learned that they went out even to optional wars. And if even a groom and bride must go out, all the more so, the Kohanim and Levites.
Moreover, it is difficult to nullify a great Torah commandment based on the Rambam’s words, which were written in the style of ethical and aggadic teaching.
Supporting the View That They Must Be Drafted
Indeed, many wrote that the Levites and Kohanim were obligated to participate in an obligatory war, and never imagined that according to the Rambam, they would be exempt. So wrote the Radak (2 Samuel 23:20):
“When the Holy One, blessed be He, commanded to wage war against the seven nations, and against the other nations that oppressed Israel, He did not distinguish between Kohanim and Israelites,” for all are obligated in the commandment.
He added (1 Kings 2:25) that even though a Kohen is forbidden to become impure through contact with the dead, “A Kohen is permitted to fight in obligatory wars and thereby become impure. Therefore, Solomon appointed Benaiah the Kohen as commander of the army.”
Similarly wrote:
Rabbi Yosef Alkalai (Amar Yosef, Hilchot Melachim 7:4; d. 1818)
Rabbi Yehuda Gruibert (Hevelim BaNe’imim I:132; 1861-1938)
Rabbi Aharon Levin, HY”D (Avnei Cheifetz 90:7-8; 1879-1941)
Responsa HaShavit (IV:14)
that even Kohanim and Levites are obligated in an obligatory war.
Rav Kook explained (Shabbat HaAretz 13:12:1) that the Levites are exempt only from a private war-for example, “when one tribe wages war for its own inheritance”-but in a war of the entire nation, all members of the Tribe of Levi and the Kohanim are obligated. So wrote Rishon LeTzion Rabbi Uziel (Mishpetei Uziel VIII:21; IX, Choshen Mishpat 3). And according to Chiddushei HaGriz (Sotah 43a), the Tribe of Levi is obligated in an obligatory war, but they are drafted only when needed. Similarly, Tzitz Eliezer (III:9:1) wrote that the Tribe of Levi is drafted in a situation of actual danger to life.
However, in the war for the conquest of the Land, since the Levites did not receive an inheritance, the members of the Tribe of Levi were exempt from participating as regular fighters-only as Kohanim who encouraged the fighters, and as officers who enforced the laws of war. But in an obligatory war, as in aiding Israel from the hand of an oppressor, they are obligated. So wrote Rabbi David Cohen - “the Nazir” (Iggeret Milhamah uShalom p. 28), Rabbi M.Y.L. Zaksh (cited in The Law of the Army in Israel p. 92), and Rabbi Yehuda Gershuni (Techumin IV, “On Heroism and Wars” section 5).
Haredim Are Not Considered the Sons of Levi
In addition, the members of the Haredi public are not Levites or Kohanim, and even the Levites and Kohanim today do not serve in their ancestral Temple duties. And if one wishes to rely on the Rambam’s statement that anyone whose spirit so moves him may be considered as a son of Levi, the Rambam wrote that for this, one must dedicate his entire being to Torah - without any reservation. In his words:
“Whose spirit generously moves him and whose intellect understands to set himself apart to stand before the Lord, to serve Him and worship Him… and who throws off from his neck the yoke of the many calculations that people seek-behold, he becomes sanctified as Holy of Holies, And the Lord shall be his portion and inheritance forever and ever…”
With God’s help, in the next column I will continue to clarify this topic, and will also relate to the war of the Hasmoneans.
This article appears in the ‘Besheva’ newspaper and was translated from Hebrew.