Voluntary war

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Voluntary war (Hebrew: מלחמת הרשות‎; milḥemet ha-reshūt), sometimes called a discretionary war, optional war, a non-obligatory war, or a war of free choice, is a technical term found in Hebrew classical literature and denoting a war that is waged of free choice by Israel, only at such a time when the people of Israel are settled in their ancestral homeland.[1][2][3] Such a war is to be distinguished from a mandatory war, in that a voluntary war is not fought for national survival, but rather for personal ambitions of the country's ruler. This might include personal enmity with another state, or a desire to show the country's military prowess as a means to deter potential aggressors, or to expand the territorial domain of the country.[4] Such a war cannot be waged without either the command of a king, or the approbation of the Great Sanhedrin, consisting of no less than seventy-one judges.[5] A voluntary war is also to be distinguished from a religious war, insofar that a religious war concerns the conquest of the land of Canaan by Joshua.

Rules of conduct[edit]

A voluntary war is bound by certain legal restraints and restrictions (jus in bello), inasmuch as it is prohibited by halakha to wage a voluntary war on the Sabbath day, unless it be to save life.[6] Moreover, in a war waged of free choice, whenever Israel lays siege to a city belonging to the enemy, the siege must be initiated at least three days before the start of the Sabbath,[7] and it is incumbent upon Israel to offer the besieged conditions of capitulation (peace), such as the guarantee of their lives being spared if they agree to be put under tribute and servitude to the Jewish nation,[8][9] and on condition that they agree to observe the seven basic commandments given to the sons of Noah.[10] For this, embassages and heralds are sent to representatives of those persons who make themselves voluntary enemies to the nation of Israel in order to extend conditions of peace.[11]

In a voluntary war, not all able-bodied men are conscripted to fight, as there are certain exemptions outlined explicitly in the Torah, namely:

  1. 'the one who built a house and did not dwell in it a year's time'[12][11] (It is the same whether he had obtained the house through legal means, but had not dwelt in it, or he had inherited the house, but had not dwelt in it.[13])
  2. he that 'planted a vineyard and did not partake of its fruit'[14] [note: a vineyard being no less than five vines. It is all one whether he had sunk a vine shoot into the ground and cut it off from its mother to produce a new tree, or had grafted vine trees together].[15] (The same rule would apply to the man who planted five fruit-trees, whether they were all of the same kind, or different kinds).[15]
  3. the one who has 'betrothed a wife and has yet to perform his marital duty' on her.[12][16]
  4. the one who is 'fearful and faint-hearted'.[17][18]
  5. the one whose conscience bothers him because of having committed certain sins. (The application of this law was so strict, that even a man who spoke between putting on his arm phylactery and head phylactery, which is forbidden to do since he causes a blessing to be recited in vain, he returns from the war.[19])

Formerly, in Jewish halachic law, it was incumbent upon a priest descended from Aaron's lineage who had been specifically tasked with the vetting process to officiate over the conscription of new recruits (משוח מלחמה‎; the anointed for battle), to announce unto the people the legal requirements and to screen those who were exempt from military service, while admonishing and encouraging all others to fight valiantly.[20][21][22] This priest was to be anointed with the holy anointing oil.[1] He was assigned Levite officers to assist him in conveying these messages in an audible voice to the people, immediately prior to engaging in battle.[23][15]

Afterwards, captains were appointed over the soldiers to conduct the war.[24]

If, in the course of the voluntary war, soldiers were recalled from active duty (although they did not fall under the category of those who had newly wedded a wife, neither those who had built a new house, nor planted a vineyard), they would be commissioned by the acting officers to fix the public roads, to provide food and water on the war behalf, in addition to being assessed for the town tax.[25] Such duties and responsibilities do not apply to the man who is newly wedded, or who has built a new house or planted a vineyard, as he is exempt from all these.[26]

Laws relating to the siege of cities[edit]

In Jewish halachic law, it is forbidden to lay siege to a city by completely closing-off the city on all four sides. Rather, a besieged city must be encompassed only on its three sides, to enable those who wish to escape to escape.[27][2][28] Moreover, it is prohibited under Jewish law to cut down the fruit trees of a besieged city while maintaining the siege, in order to punish the people of the besieged city.[29][30][31][32]

In those cites where the besieged people refuse to capitulate and to make peace with Israel, the Torah sanctions the killing of all males of warring age in that city, but the women, small children and livestock are to be taken as legal plunder.[33][34]

See also[edit]

References[edit]

  1. ^ a b HaLevi 1958, p. 318 (section no. 526), P. Shofṭīm
  2. ^ a b HaLevi 1958, p. 319 (section no. 527), P. Shofṭīm
  3. ^ Josephus 1981, p. 101 (Antiquities 4.8.41.)
  4. ^ Meiri 2006, p. 24 (Sanhedrin 16a)
  5. ^ Babylonian Talmud, Sanhedrin 2a (corresponding to Mishnah, Sanhedrin 1:5)
  6. ^ Soloveichik 1982, pp. 179–180
  7. ^ Soloveichik 1982, p. 181
  8. ^ Nahmanides 1993, p. 80, Deuteronomy 20:10, s.v. כי תקרב אל עיר להלחם עליה‎
  9. ^ HaLevi 1958, p. 318 (section no. 527), P. Shofṭīm
  10. ^ Maimonides 1989, pp. 258–260 (Hil. Melekhim 6:1–ff.)
  11. ^ a b Josephus 1981, p. 101 (Antiquities 4.8.41.)
  12. ^ a b Tosephta 1970, p. 309 (Soṭah 7:20)
  13. ^ Zechariah ha-Rofé 1992, p. 414 (Deut. 20:5)
  14. ^ Zechariah ha-Rofé 1992, p. 414 (Deut. 20:6)
  15. ^ a b c Danby 1977, p. 302 (Soṭah 8:2)
  16. ^ Zechariah ha-Rofé 1992, p. 414 (Deut. 20:7)
  17. ^ Zechariah ha-Rofé 1992, p. 414 (Deut. 20:8)
  18. ^ Danby 1977, p. 303 (Soṭah 8:5)
  19. ^ Zechariah ha-Rofé 1992, p. 413 (Deut. 20:8)
  20. ^ Deuteronomy 20:2–9
  21. ^ Maimonides, Sefer ha-Mitzvot (no. 191 - assertive command)
  22. ^ Maimonides 1989, p. 265 (Hil. Melekhim 7:1)
  23. ^ Zechariah ha-Rofé 1992, p. 413 (Deut. 20:5)
  24. ^ Danby 1977, p. 303 (Soṭah 8:6)
  25. ^ Tosephta 1970, p. 309 (Soṭah 7:23)
  26. ^ Tosephta 1970, p. 309 (Soṭah 7:24)
  27. ^ Maimonides 1989, p. 263 (Hil. Melekhim 6:7)
  28. ^ Zechariah ha-Rofé 1992, p. 415 (Deut. 20:12)
  29. ^ Maimonides 1989, p. 263 (Hil. Melekhim 6:8)
  30. ^ Deuteronomy 20:19–20
  31. ^ HaLevi 1958, p. 319 (section no. 529), P. Shofṭīm
  32. ^ Zechariah ha-Rofé 1992, p. 415 (Deut. 20:19)
  33. ^ Deuteronomy 20:11–14
  34. ^ Ginsburger 1903, p. 335 (Deut. 20:14)

Bibliography[edit]

  • Danby, H., ed. (1977), The Mishnah, Oxford: Oxford University Press, ISBN 0-19-815402-X
  • Ginsburger, Moses, ed. (1903). Pseudo-Jonathan (Thargum Jonathan ben Usiël zum Pentateuch) (in Hebrew). Berlin: S. Calvary & Co. OCLC 123313256. (reprinted in Jerusalem 1974)
  • HaLevi, Aharon (1958). Sefer ha-Chinuch on the 613 biblical commandments (in Hebrew). Jerusalem: Eshkol. OCLC 762447043.
  • Josephus (1981). Josephus Complete Works. Translated by William Whiston. Grand Rapids, Michigan: Kregel Publications. ISBN 0-8254-2951-X.
  • Kimelman, Reuven (2023). "Judaism and the Ethics of War". The Cambridge Companion to Religion and War. ResearchGate. pp. 215–240. doi:10.1017/9781108884075.013.
  • Maimonides (1989). Mishneh Torah by Moses Maimonides (Mishneh torah: hu ha-yad ha-ḥazaḳah) (in Hebrew). Vol. 7. Jerusalem; Bnei Brak: Shabse Frankel. OCLC 918205439.
  • Meiri (2006). Daniel Bitton (ed.). Beit HaBechirah (Chiddushei ha-Meiri) (in Hebrew). Vol. 7. Jerusalem: Hamaor Institute. OCLC 181631040.
  • Nahmanides, Moses (1993). Nahmanides' Commentary on the Torah (in Hebrew). Vol. 2. Jerusalem: A. Blum. OCLC 233074002.
  • Soloveichik, Aaron (1982). "Waging War on Shabbat". Tradition: A Journal of Orthodox Jewish Thought. 20 (3). Rabbinical Council of America (RCA): 179–187. JSTOR 23260746.
  • Tosephta (1970). M.S. Zuckermandel (ed.). Tosephta - Based on the Erfut and Vienna Codices (in Hebrew). Jerusalem: Wahrmann Books. OCLC 13717538. (first printed in Berlin 1899)
  • Zechariah ha-Rofé (1992). Havatselet, Me'ir (ed.). Midrash ha-Ḥefez (in Hebrew). Vol. 2. Jerusalem: Mossad Harav Kook. OCLC 23773577.
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