Should haredi yeshiva students be drafted into the IDF? Does the ongoing conflict between Israel and its belligerent neighbors require all citizens to share communal burdens and risks equally? Or is drafting yeshiva students forbidden because Torah is their profession and they defend Israel through their studies?

Halacha distinguishes between two types of war (Sot. 44b). In a milchemet reshut (“discretionary war”), the Torah exempts from military service “a man who built a new house, planted a vineyard, betrothed a wife, or is fearful and fainthearted” (Deut. 20:5-8). However, in a milchemet mitzvah (“commanded war”) against the seven Canaanite tribes and Amalek and to save the Jewish people from enemies who have attacked them (Rambam Hilchot Melachim 5:1), everyone must go out to fight. When the tribes of Reuben and Gad requested to remain in ideal pastureland east of the Jordan and not cross the river into the Promised Land, Moses angrily responded, “Shall your brothers go to war while you just sit here!” (Num. 32:6), and they agreed to aid in conquering Canaan.

Basic Talmudic and biblical principles support the obligation of everyone to participate in a commanded war. Pikuach nefesh (saving a life) takes precedence over all the mitzvot in the Torah (including Shabbat), except if it would involve idolatry, sexual immorality, or murder (Sanh. 74a; Ket. 19a). Actions to save a life should be performed not by gentiles or minors but by gedolei Yisrael (“great ones of Israel and their sages”) (Yoma 84b; Rambam Hilchot Shabbat 2:3). Dina d’malchuta dina (“the law of the land is the law”) requires Jews to obey the statutes of a legally constituted government, such as Israeli law mandating conscription into the IDF. “Do not stand idly by the blood of your brother” (Lev. 19:16) and “Love your neighbor as yourself” (Lev. 19:18) imply sharing in the military burden of protecting Israel and all of its citizens.

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