In addition to the exemptions from military service noted below, one more should be mentioned. In an optional war, one who is engaged in a commanded religious activity is not required to cease this activity to take up arms. This is one of the sources for exempting yeshiva students in Israel from serving in the army. The following is reprinted with permission from Proceedings of the Rabbinical Assembly 49 (1987).
The Sanhedrin [the supreme rabbinic court, active until the destruction of the Temple in 70 CE, which must approve any optional war] is also to factor the issue of popular support into its endorsement of a war policy. This does not imply a government by referendum.
Even those who maintain that sovereignty ultimately rests with the community hold that, during their tenure, representatives are authorized to express the collective will. Even democracy, the contemporary halakhist Eliezer Waldenberg notes, does not necessarily entail government by referendum. After all, representative government is not government by the people, but government by its agents.
Concurrent with theories of majority rule, however, Jewish political theory has made provisions for minority rights. Do such provisions also apply in war? Presumably not. Apparently, once the proper procedure has been complied with, the individual has no recourse but to fight. If the duly constituted authorities have determined the necessity of war, who is the individual to review the government’s decision?
Moreover, if it is a defensive war, how could anyone be exempt from the obligation of self‑defense, the duty to rescue others, and the need to come to the defense of the state whose very existence shields all?
Biblical Exemptions for Discretionary Wars
Do these considerations for individual as well as collective defense apply to discretionary wars as they do to defensive wars? That is the question. The answer involves a discussion of a peculiarity of the Biblical rules of warfare: exemptions from military service. According to the Torah, before commencing hostilities, the officials must address the troops as follows:
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