Numbers 7:8-12:16 - A Just War
by Rabbi Jeremy Rosen
Amongst the many topics in this week’s Torah reading is the seemingly incidental one of the two silver trumpets. Trumpets and horns were always important ways of communicating to wider audiences, groups and armies, in a world without cell phones and the internet. But here the Torah adds two important dimensions, warfare, and who is obliged to fight.
Numbers 10:2-9. Have two silver trumpets made; make them out of beaten material. They should summon the community and prepare them for moving on...and when you are at war in your land against an aggressor you should sound the trumpets so that God will remember you and save you from your enemies.
Notice that praying to God for support is not a substitute for going to war!
The more detailed laws of warfare and who is obliged to fight and who not, is found in Deuteronomy (Chapter 20:1-20). It also gives a detailed list of who is exempt from service. The Torah implies but does not state that there are two kinds of war, A Milchemet Mitzvah (an obligatory war) and a Milchemet Reshut (an optional war). The Torah commands war against Amalek and Canaan although in practice this was never carried out. I will admit that even in theory it sounds awful to modern ears. But let’s not forget its context, over three thousand years ago when the whole world was cruel and violent. And frankly in the current context understandable.
The Tora allows for other wars either of survival or expansion before and after settling in its land. But what constitutes an obligation is not defined until much later.
The Mishna after listing all those exempt from serving says:
These statements, with regard to the various exemptions from war, are said with regard to optional wars. But in wars that are a mitzvah, (or according to Rabbi Yehuda, any obligation) everyone goes, even a groom from his room and a bride from her wedding canopy. (Mishna Sotah 8:2-6 and 8:7).
The Talmud too insists that Jews must go to war to “defend themselves from their enemies” (Sotah 44b).
Historically over the centuries Jews have gone to war almost always in self-defense. But even then, rabbis argued about what was and was not justified. We know how Rabbi Akiva supported the Bar Cochba wars and arguably conscripted his students to fight. The Jewish uprising against Trajan (115-7) spread from Cyprus to North Africa supported by rabbinic leaders. Under Greece, Persia and Rome rabbis approved rebellions at different times until both Christianity and Islam took away our agency. Mar Zutra led a failed rebellion against Persia in 495 CE.
As always, the medieval authorities clarify.
What is considered a Milchemet Mitzvah? The war against the seven nations who occupied Eretz Yisrael, the war against Amalek, and a war fought to assist Israel from an enemy which attacks them. There is no need to seek the permission of the court to wage a Milchemet Mitzvah. Rather, he may force the nation to go out with him. In contrast, he may not lead the nation out to wage a Milchemet Hareshut unless the court of seventy-one judges approves (Maimonides Laws of Kings Chapter 5 ).
One would expect over time, that different authorities have added clarifications and exceptions. Some argued we must wait for the Messiah, that women, scholars and priests do not have to fight. But even they had obligations to help in non-combative roles. Great Nationalist rabbis have always supported the army and encouraged enlisting. Indeed, today the Religious Nationalist presence in the army is distinguishing itself both in success and sadly in casualties.
Given the dominant Charedi opposition to conscription, there is justified anger and resentment, that a major growing sector refuses to fight and still expects everyone else to support them. I have not heard of any authority who argues against self-defence, but there are voices against identifying with secular values and argue that post holocaust we have an obligation to focus on expanding Torah and Jewish religious life in answer to our enemies and assimilation. Some use the excuse that Israel is a non-Jewish state.
Yet we must not forget that the Charedi world too is divided within itself and can no more be regarded as monolithic than can Judaism altogether. I should point out that although most Charedi Jews may not identify with secularism the number who support the Neturei Karta traitors is miniscule. Most authorities have banned them. Meanwhile more and more Charedi men are volunteering as the army makes an effort to accommodate their lifestyles. But still, given the present crisis, not nearly enough.
While one might make an exception for genuine scholars, many Charedi young men are not scholars and suffer being forced into an intellectual environment they are not suited for. Yet the Charedi leadership refuses to compromise. The only way to compel them is through the state subsides.Israel is so torn between conflicting ideologies, secular and religious and from a religious point of view it all depends on which rabbi you consult or are loyal to.
The great Chazon Ish (Rav Karelitz 1878-1953 ) negotiated the initial deal with Ben Gurion to allow scholars to be excused when we were talking about some 500. He argued that the Torah law “Do not stand by while your neighbor’s blood is spilt” (Leviticus 19:16) was why he supported everyone capable to going to war when our lives were danger (Chazon Ish on Talmud Avoda Zara 23:3).
In the same way that religious women always had the option of National Service, I see no reason why Charedi men who are not fit or able, should not serve the community in other ways, as many have this year. Once again, the leadership has failed.
The Torah we read this week, expects the people to come together in an emergency and to fight for their survival. That surely applies as much today as it ever did in the past.
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Jeremy Rosen was born in Manchester, England, the eldest son of Rabbi Kopul Rosen and Bella Rosen. Rosen's thinking was strongly influenced by his father, who rejected fundamentalist and obscurantist approaches in favour of being open to the best the secular world has to offer while remaining committed to religious life. He was first educated at Carmel College, the school his father had founded based on this philosophical orientation. At his father's direction, Rosen also studied at Be'er Yaakov Yeshiva in Israel (1957–1958 and 1960). He then went on to Merkaz Harav Kook (1961), and Mir Yeshiva (1965–1968) in Jerusalem, where he received semicha from Rabbi Chaim Leib Shmuelevitz in addition to Rabbi Dovid Povarsky of Ponevezh and Rabbi Moshe Shmuel Shapiro of Yeshivat Be'er Ya'akov. In between Rosen attended Cambridge University (1962–1965), graduating with a degree in Moral Sciences.