Shabbat Shoftim

When one reads the Torah, it becomes obvious that Jewish law deals with topics other than ritual observances. This week's Torah portion, Shoftim, has a section dealing with the laws governing war. Jewish law, halachah, actually tells us what is legal or illegal in terms of war as well as what is ethical.

Jewish law permits the waging of war but classifies war into two categories. There are obligatory wars and permissible or authorized wars. Obligatory wars are those which are started in direct fulfillment of a Biblical commandment. They are the wars against the 7 nations, the tribe of Amalek, and any war that is designed to deliver Israel from the hand of an enemy that has attacked her. An authorized war is one that a leader declares for the purposes of increasing territory.

Jewish law also looks at war from the standpoint of secular governments waging war and Jewish governments waging war. For example, a secular nation can engage in war to save its nation if it is soon to be under attack. It can also go to war to aid an innocent third party country that is under attack. Finally, it can wage a war of self-defense against an enemy. A Jewish government can defend Israel from attack by aggressive neighbors. Such a war is seen as obligatory. It can fight an offensive war against belligerent neighbors and it can protect individuals through self-defense against aggressive neighbors. In terms of Jewish law, killing another in war if it is not based on immediate self-defense needs is seen as an illegal action.

Even though there are times that war is permissible, there is still an obligation to seek peace as a prelude to any military activity. If one does not seek peace first, the use of force in a battle that pre-empted any peaceful overture is considered a violation of Jewish law. Judaism looks at pursuing peace as an opportunity for both sides to rationally look at the costs of war and analyze the benefits of peace. Maimonides took the concept of accepting a peace agreement one step further than just having the absence of war. He saw it as an agreement to accept moral laws that are binding upon all of humanity.

Jewish law is very specific about about what must happen to innocent civilians caught in a conflict. When besieging a town, it cannot be cut off on 4 sides, only 3. One must leave a place for innocent civilians to flee. Jewish law prohibits the use of non-combatants as pawns in a siege. In fact it is considered necessary to warn the inhabitants in advance of a combat so they have an opportunity to remove themselves from the scene of combat. Once a warning has been given, however, the unintentional or undesirable killing of those innocent citizens who might have had to stay involuntarily, is then seen as an undesirable but necessary outcome of war.

One might ask, does Jewish law have anything to say about the use of nuclear weapons? Afterall, they are a modern day invention. The answer is yes, there are some principles in Jewish law that apply to nuclear war. Jewish tradition prohibits the use of any weapon that assures the mutual large-scale destruction of both warring factions. On the other hand, it is permissible to own a nuclear weapon if it is used as a military strategy that is used to deter war. It is even permissible to lie about using it, even if one is prohibited from using it, if the lie will ultimately save lives through deterrence.

So, Zoe, why would I choose to talk about the laws of war at your Bat Mitzvah? You saw young soldiers in Israel carrying their guns while you were in Israel. You felt angry when you saw it because you wondered why they had to be armed. It think it is important to realize that they were fulfilling an important Jewish law...to make sure they could defend the lives of their fellow citizens from aggressive neighbors. But in order to be able to carry that gun and be inducted into the Israel Defense Forces, each young person had to also understand the legality and ethics of war. Having a gun, does not allow one to engage in cruel activity even towards one's enemies. It was Golda Meier, who was the first woman prime minister of Israel, who said, "We don't thrive on military acts. We do them because we have to and thank G-d we are efficient." It should make you feel proud to be part of a people that believes in the obligation to seek peace to avoid the escalation of hostilities but also recognizes that when forms of violence are used during war they must also serve justice. Hopefully as Golda Meier, once said, "We will have peace with the Arabs when they love their children more than they hate us." Maybe that time will actually come.

I know your trip to Israel left a lasting impact on you. I hope it will be one of many trips there that you will make in your lifetime. You're right, growing up as a Jew in Wood River can be a very lonely experience. I commend you and your family, however, for insuring your participation in our community's Jewish life. I also think that your varied experiences will not only enrich your life as you reach Jewish adulthood, but will provide you with varied perspectives that will help you determine the exact kind of Jewish life you hope to pursue as an adult. Mazel Tov on this very special day and this very special event in your life.

Shabbat Shalom.