Soldier or scholar: Who is the better Jew? - opinion

Let us begin with a question: Is our safety – indeed, our very existence – threatened by outside forces; or does it stem from internal problems, from a form of “self-destruction?”

Jewish sources make it very clear that we, as a preeminent people, are never imposed upon from without. That is, our fate is not dictated by others; we, and we alone, are responsible for what happens to us as a nation.

The Talmud sums this up by saying succinctly that the Romans were “grinding ground flour” when they destroyed the Second Temple and exiled us to the far-flung areas of the world. In other words, it was our own actions or inactions that sealed our fate and determined the tragic loss of our commonwealth.

Today, among all the many issues that divide our people and generate so much negative energy, the dispute over whether every citizen should bear an equal burden in supporting the state creates the most rancor and resentment. This is certainly not a new issue, but it has grown exponentially over the decades since the state was founded, both with the growth of the haredi community and our current vulnerability before a host of enemies at our doorstep. If it is not solved equitably and amicably, the thread of national unity may be irreparably torn.

From where does this crisis emanate, and what can be done to resolve it?

The Torah readings over the past weeks have discussed the unique status of the tribe of Levi, comprising Kohanim as well as Levites (of which I proudly am one). The Levites served in the Tabernacle and the Temple; because they were engaged in “holy” work administering the offerings and teaching Torah to the masses, they were exempt from compulsory army service (according to some sources, they could enlist in the military if they desired).

In keeping with their special status, the Levites – though allocated no specific portion of land, like the other tribes – inhabited 48 cities throughout the country, to create “spiritual centers” among the entire population. One of their functions was to pray for the welfare and victory of the soldiers, even assembling at army bases and blessing the warriors’ success on the battlefield.

Maimonides made a bold statement that is a central source of the haredi justification for choosing study over service: “Not only the genealogical tribe of Levi, but any individual whose spirit moves him to separate himself and to serve and know God, removing from his neck the yoke of considerations that most people seek – this person becomes most holy.”

While Rabbi Abraham Isaac Kook felt strongly that the learning of yeshiva students provided a divine “shield” for the Jewish community and showcased the unique, spiritual component of Israel, not all rabbinic leaders agreed. Rabbi Shlomo Yosef Zevin (1888-1978), one of the great Talmudic authorities of the 20th century, was adamant in his belief in universal conscription. 

Quoting the Gemara in Pesahim, Zevin asked: “How do you know that your blood is any redder than that of your fellow man?!” He echoed Moses’ rebuke to the tribes that wanted to stay out of the initial battle to conquer the Land of Israel, ”Shall your brothers go to war while you sit safely here?!”

Rabbi Aharon Lichtenstein wrote: “Maimonides sets a very high standard, an idealized portrait of a selfless, almost ethereal person, divesting himself of all worldly concerns and totally devoted to serving God. To how large a segment of the community can this lofty typology apply? To 2%? 5%? Those who would single themselves out for saintliness should examine their credentials by the proper standard.”

The imperative for all able-bodied individuals to step forward and serve is magnified in the case of an existential danger when the entire country is threatened. At such times, says the Talmud in Sotah and affirmed by Maimonides, military service is obligatory and applies to everyone: “All must go, even a bridegroom from his bridal canopy and a bride from her huppah.” Despite the military leaders’ initial dismissal of the Gaza war as “just a skirmish,” this war has indeed been an existential conflict from its very beginning.

HAREDI RABBINIC leaders have given four primary reasons why they feel they do not – or should not – serve. I list them, and my response, to each:

1. “Torah learning is the primary act that keeps the nation safe.”

While there are Talmudic sources (e.g., Megillah 16) affirming this, other sources say something quite different: “I, who studies Torah, am God’s creation, and my friend who does other labor is also God’s creation. Let no one say one is better than the other, for one who brings a substantial sacrifice and one who brings a meager sacrifice have equal merit before God” (Brachot 17). While heads of yeshivas may consider their students the elite, and parents of soldiers hold their children in the highest esteem, both sides must be able to recognize the achievements of the other.

2. “If all the yeshiva students go to war, who will keep the Torah alive?”

The draft of yeshiva students will not be all-inclusive; at any one time, the vast majority will remain at their studies. In addition, we have hundreds, if not thousands, of soldiers in the hesder yeshivas and Nahal haredi programs who are brilliant Torah students and have successfully combined their study and service. The Torah will never be deserted. 

Remember, too, that throughout history, some of the greatest religious figures were also Torah giants: Joshua was our first general; King David led the army that conquered Jerusalem; Binayahu was both head of the Sanhedrin and commander in chief of the army; Rabbi Akiva (and, according to many, his students as well) joined with Bar Kochba in the rebellion against Rome. Torah did not falter as a result of their service.

3. “We were in this land before there was a state. Why should we now be forced to do things we never had to do before?!”

History is not static; times change, conditions change, and we have to adapt to those changes. The Israeli government is a “miracle in progress,” bringing innumerable outstanding benefits to its citizens (including massive financial support for Torah study, such that more people are learning Talmud today than at any other time in history!). 

The haredi community must not think it can create a “state within a state” that will have rules and regulations that differ from the wider populace. The Talmudic dictum “Dina d’malchuta dina,” the law of the land is the operative law, applies in Israel no less than in other countries, where taxes, traffic laws, citizenship requirements, etc., are universal. If there are individuals who refuse to subscribe to the dictates of a Zionist state, they always have the opportunity to democratically seek change or leave the country.

4. “Serving in the army will weaken, perhaps even destroy, our students’ religiosity.”

While there are many, many men and women who maintain – if not increase! – their level of devotion to God during and after army service, it can indeed be true that others come out of the army less observant than when they entered. 

It is therefore incumbent upon us to create frameworks that maintain the proper standards of religious practice to “protect” the religious identity of all our soldiers – as much as is possible in times of war, when even the greatest rabbinic authorities agree that exceptions may be made according to Halacha.

I DO not believe that we can forcefully draft the entire haredi community into the army; but neither can that community continue to evade military service as they have done until now. I therefore suggest several compromises:

• Haredim of military age who do not study Torah – an accepted figure of approximately 30% – must be drafted, or imprisoned for failure to do so. If so requested, they should, if possible, be placed in non-combat roles, such as facilitating religious practices on base, supervising kashrut, etc.

• Women of military age should be required to be part of Sherut Leumi (National Service), preferably in institutions where their religiosity is not compromised (hospitals, rehabilitation centers, etc.).

• Arab citizens must also serve, perhaps in non-combat roles if that is deemed preferable by the military authorities.

• All who do serve in the army should receive financial benefits over and above those who do not serve.

• Yeshiva branches should be established on military bases, to host those with legitimate exemptions, thus increasing their contact with soldiers. In addition, yeshiva students should keep photos of current soldiers in front of them, specifically devoting their study to them and to the welfare of the country.

• The recitation of the Prayer for the Soldiers, the healing of the wounded (and the release of the hostages) should be mandatory in all synagogues receiving financial assistance from the government.

• During the bein hazmanim (times off from learning), yeshiva students should be required to assist in community service (e.g., agricultural work, organizing events on bases, etc.).

The famous passage in Talmud Yoma states: “The First Temple was destroyed due to the people’s cardinal sins of bloodshed, idolatry, and sexual immorality. But concerning the Second Temple – in its time, the people occupied themselves with Torah, mitzvot, and acts of kindness. Then why was it destroyed? Because of baseless hatred. This teaches you that baseless hatred is equal to the three sins of idolatry, illicit relations, and murder.” 

But I ask: If the people studied Torah, diligently kept the commandments, and engaged in kindness, how was there room for such hatred?! It seems clear to me: If a particular community – God-fearing as it may be – does not share in the collective needs of the nation, including – perhaps especially – the effort to defend against enemy attack, then all their acts of religiosity will not save them. 

Quite the opposite; they will generate such hatred and animosity that the entire nation, themselves included, will, God forbid, fall.

I am under no illusions that my proposals will be happily instituted by the haredi political structure. They have wielded power for too long, and it will not be easy for them to engage in compromise while they hold the current government and prime minister in the palms of their hands. 

But they must come to realize that a civil war, heaven forfend, will ultimately be as disastrous for them as it will be for the rest of the nation, and clearly is not something that God wishes to happen.

The writer is the director of the Jewish Outreach Center of Ra’anana. His son Ari fell in battle against Hamas terrorists in Nablus in 2002. rabbistewart@gmail.com