Wednesday, February 23, 2011

Why? Part II

The following is based on an essay written by Rabbi Herschel Schachter, Rosh Yeshiva of Yeshiva University in the Journal of Halacha and Contemporary Society.

In 1948, all the Arab countries surrounding us promised to push us into the ocean and tried unsucessfully to destroy us. According to many opinions, since they have not renounced their vow, that original war of independance is still ongoing and the quiet periods are mere lulls in the same war. Therefore, it can be concluded that Israel is in a state of war even when there is no fighting (except with Egypt who signed a peace treaty with us, but lately, who knows if that will continue).

Next, is this ongoing war a milchemet reshut or milchemet mitzvah? The main differences are as follows:

A milchemet reshut is a "permissible military venture" which must first be allowed by the Sanhedrin. When getting ready to wage a milchemet reshut, newlyweds, people who have just built a house or planted a vineyard, or who are afraid were sent home. This is based on a pasuk from Devarim (20:8) and a Mishnah in Sotah 44b.

A milchemet mitzvah is a war required by the Torah in which everyone must go out to war (possibly women too), people who would normally be exempt from a milchemet reshut. (My roommate's mefaked got married the night before Operation Cast Lead so he would have been exempt if it was a milchemet reshut. Nonetheless, he had to go lead his troops. Not long into the war, he entered a house that was booby-trapped. He very nearly died, but thank G-d has made a full recovery).

The answer is that it is a milchemet mitzvah because the countries with whom we are at war do not have a court like the Sanhedrin that is moral and spiritual. Therefore, based on a Gemara in Sanhedrin 59a and an interpretation by the Chatam Sofer, any war fought against these enemies is automatically considered milchemet mitzvah, and that status carries over to our defense as well.

It probably can't be proven halachically these days that everyone needs to fight but I just wanted to point out a few things that seemed interesting.

Giyus in 3 weeks from today!!


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