Soldiers refusing orders - Rav Yaakov Ariel - Techumin 4

In this article written in 1983, Rav Ariel deals with the question of whether or not soldiers are allowed to refuse orders. Specifically, he grapples with the issue of refusing the order to clear out Yamit and to invade Beirut. He also discusses following an order to begin a siege on Shabbat, as well as doling out collective punishment to Arabs in Yehuda and Shomron. The common denominator of all of these cases is the presence of a religious, halachic, or national consideration that stood in opposition to the official military order.


Rav Ariel's first approach is to consider a military order in the context of being a גזירת המלך. Rambam, based on the Gemara in Sanhedrin says that one may disobey a military assignment if it contradicts a mitvza, since דברי הרב ודברי התלמיד דברי מי שומעין - we obviously listen to God over listening to any of His subjects if the two are in contradiction to one another. In this vein, he cites a teshuva of the Chacham Tzvi who compares listening to a royal decree to the mitzva of כבוד אב ואם, specifically with regard to the fact that in neither case may one violate another mitzva in order to obey or respect another human. However, there are Rishonim who qualify this. The Meiri in Moed Katan writes that one may set learning Torah in order to do a mitzva that cannot be done by someone else, such as respecting one's parents, and in Sanhedrin he writes that a royal edict cannot override the public study of Torah, but it can override study by an individual.


Rav Ariel then distinguishes between כבוד and מורא, between respecting one's parents and fearing them, noting that in the former case one can set aside a mitzva, but not in the latter. As such, when it comes to following a royal order, since we are only commanded to fear a king, we can ignore the order we are doing so in order to perform a mitzva. Extending this line of thinking to our cases, Rav Ariel rules that refusing orders for a subjective לשם שמים purpose would not constitute a rebellious act.

From there, Rav Ariel considers a view of the Netziv that refusing an order contains an element of פקוח נפש, to the possible extent that someone who refuses an order is considered to be a rodef insofar as he is potentially endangering others while he remains safe at home (based on the story in Bamidbar of Bnei Gad and Bnei Reuven). However, Rav Ariel also considers the spiritual peril that is brought about by an order that demands that someone violate halacha. As such, he advises soldiers to determine whether an order is objectionable from a subjective or an objective perspective, and to take counsel with a posek if they are not capable of making such a determination. Furthermore, he concludes that if it is too close to call, then the danger posed by refusing an order outranks the danger of fulfilling an order that seems to violate a halachic position, and in such a case the soldier should fulfill the order given to him.

In the conclusion, Rav Ariel deals with the specific cases that were brought to him:

1) With regard to a siege in the Sinai that was to begin on Shabbat, apparently this particular order was not an emergency situation, and thus Rav Ariel felt that one could refuse such an order. However, he noted that in general one can violate Shabbat for a military mission under emergency conditions.

2) With regard to evacuating the Yamit settlement, Rav Ariel ruled that soldiers were obligated to follow orders, based on the reasoning that the governmental decision to give over Yamit may have been a mistake in judgement, but was not intended to harm the Jewish people or the State of Israel. (See the statement by Mori V'Rabi HaRav Aharon Lichtenstein on the disengagement from Gaza in 2005 for more on this issue.)

3) With regard to soldiers who did not want to go to Beirut, Rav Ariel ruled that they are required to go, as refusing an order in a wartime situation is a particularly egregious act. Since one cannot prove objectively that the war is wrong and any arguments on that issue are based on one's political worldview, there is little room to allow for someone to be a conscientious objector.

4) With regard to soldiers asked to adminsiter collective punishment to Arab residents of Yehuda and Shomron, Rav Ariel permitted them to refuse the order assuming that the order was objectively in error. He felt that most of the Arabs living there were not actively at war with Israel and thus we nee to consider the idea of maintaining דרכי שלום with our non-Jewish neighbors.

Soldiers volunteering for dangerous missions - Rav Shlomo Min HaHar - Techumin 22

In honor of Yom Hazikaron, which falls out today but is being observed on Monday, a teshuva from the author of דיני צבא ומלחמה, a major halachic work for Israeli soldiers.

Rav Min HaHar was asked if one can volunteer for a military operation that is potentially life-threatening, if the option is to allow others to volunteer while the observant soldier stays behind and engages in Torah learning. The questioner also worried that perhaps failure to volunteer would result in a חילול השם. Finally, he asked whether or not the extra experience should be a factor?

Rav Min HaHar responded that there is ample evidence from Tanach of individuals volunteering for military service (soldiers fighting with Devora and Barak, Yonatan ben Shaul, and others), and many of these individuals clearly could have been staying behind and learning instead. However, Rav Min HaHar does not think that potential חילול השם should be a factor in the decision.

In terms of considering the fact that being involved in this mission will give the soldier more experience, which will be valuable in the future, Rav Min HaHar does not consider that sufficient reason to volunteer for a mission that would involved חילול שבת (since we do not allow medical students should work on cadavers on Shabbat based on similar logic), however it may be reason enough to allow someone to volunteer for a potentially dangerous mission.

Moments of Silence - Rav Yehuda Herzl Henkin

In an article in Techumin 4 (p. 125), Rav Henkin addresses the practice that in Israel on Yom HaZikaron (and on Yom HaShoah) a siren is sounded throughout the country and everyone stops and observes a moment of silence. He questions this practice on two grounds - (1) Is it considered to be chukat ha-goyim, practices of other nations which we are not supposed to adopt and (2) is it a problem of bittul Torah, taking away from time learning for those who are learning at the time the siren is sounded.

In terms of the first issue, Rav Henkin notes that according to almost all poskim, there is no chukat ha-goyim problem when the practice is one of honor, which this certainly is. The one objector to this allowance is the Gra, who rules that this prohibition applies to any practice that we learn from other nations. However, even if one wanted to rule strictly as per the Gra, Rav Henkin finds two reasons why in this case there would still not be a problem. First, even the Gra only prohibits practices that were created by other nations specifically for them. However, the idea of a moment of silence to honor the deceased is observed in other nations by everyone, even the Jews living in those nations, and thus it does not have the status of a specifically non-Jewish practice. Second, the idea of standing in honor of someone comes up several times in Tanach (such as מפני שיבה תקום) and thus it is actually a Jewish idea. Even if someone wanted to say that the idea of honoring someone by standing when it appears in Tanach does not refer to honoring the deceased, Rav Henkin counters that we do not need that degree of specificity in order to consider this practice to be a Jewish one.

In terms of whether or not this is a ביטול תורה issue, Rav Henkin cites the Gemara in Berachot 53a which discusses whether or not one may interrupt his learning to say "bless you" to someone who has sneezed. While someone learning alone can, the issue is more complicated when we are referring to the learning taking place in a Beit Midrash. There are two main views among the Rishonim, as Rabbeinu Yonah is concerned for this issue when people interrupt learning by speaking, and Rashi feels that there even may be a problem if people interrupt without speaking. Rav Henkin therefore suggests that when the siren wails, a person who is learning in a Beit Midrash should stand silently and think about Torah in memory of those who have fallen, as even when one is learning he sometimes pauses to think about what he is learning.