Dvar Torah for Shoftim

Tomorrow, is Rav Kook’s ז’ל Yohr Tzeit, so it is fitting that the Dvar Torah includes his thoughts, The Dvar Torah is from one of the Roshei Yeshivah of Kerem B’Yavneh (my alma mater), Rav Motti Greenberg.

Ironically, last night at Ma’ariv, there were a few international Tzedoka collectors from Israel in Shule. I was in my usually “straight ahead” mood, and asked one of them (a Chossid, with peyos)

What are your thoughts on Nachal Charedi

His responded with a pained look and said

Anyone who supports Nachal Charedi should not be allowed to enter a Shule

The problem with people like that is that they think that when they go to the toilet, it doesn’t stink. They live in la la land.

He effectively stated that I had no place davening Ma’ariv in Shule if I thought Nachal Charedi was a valid approach.  I said,

well, I support them, and you don’t come up to the level of their shoe laces, with a hateful comment like that

I don’t expect he will visit me for a donation. His paid driver heard the interchange.

Anyway, the D’var Torah … 

As part of the laws of warfare, it is written, “What man is afraid and fainthearted? Let him go away and return home.” [Devarim 20:8]. According to Rabbi Yossi Hagelili, this refers to a man who is afraid because of the sins in his hands. However, this seems backwards – to be afraid because of sins is a good trait and not a bad one, why should the man be sent away?

In Chassidic texts it is written that one time there was a delay in the construction of the succah of the Rebbe, the author of Beit Aharon. In the end, one of the Rebbe’s followers made a great effort and finished building the succah the day before the holiday, thus giving the Rebbe great pleasure. As a reward, the Rebbe offered the man his choice – he could either sit next to the Rebbe in the world to come, or he could become very wealthy. The man chose wealth. He explained to the astonished Chassidim who asked about his decision that to want to spend the world to come close to the Rebbe is a matter of selfishness, but if he had great wealth he would be able to help many other people.

Rabbi Shimon Shkop wrote in the introduction to his book Shaarei Yosher, “The foundation and the root of the goal of our lives is that all of our labors should always be geared and dedicated to the good of the community.” Rav A.Y. Kook wrote, “A person must always extricate himself from the private frameworks which fill his entire being, such that all of his ideas are centered on his own fate. This brings a person down to the depths of being small, and there is no end to the physical and spiritual suffering that comes about as a result. Rather, his thoughts, desires, his will, and the foundation of his ideas must always take into account the general – the world, mankind, Yisrael as a whole, and the entire universe. And this will also establish his personal status in the proper way.” [Orot Hakodesh volume 3, page 147].

To be “afraid of the sins in his hands” means that the person is concerned with his own sins and not with the sins of others. This is a man who lives only for himself. This is similar to what the sages taught us: “Why is it [the stork] called a ‘chassidah’ (one who is kind)? It is because it is kind to its companions.” [Chulin 63a]. But a question is asked: The Rambam teaches us that the reason birds are considered impure is because they are cruel, why then is the stork an impure bird? Chidushei Harim explains that this bird is kind, but only to its own friends.

The soldiers in King David’s army would give their wives a divorce before going out to battle. Rav Kook explains that the reason was not only to avoid a woman being “chained” to h er husband if he would be lost in battle. The Gentiles would bring their wives and children to the battlefield in order to give the soldiers greater courage, as if to say, look for whom you are fighting. But in David’s army the men would divorce their wives in order to disassociate themselves from any personal interests and to fight for the good of Yisrael as a whole. This is as the Rambam wrote, that a soldier must stop thinking about his own family and be aware that he is fighting in a Divine war. Anyone who is afraid only because of his own individual sins and does not think of the general public during the war is not worthy of fighting in the Army of G-d.

When a dead body is found abandoned on the roads, the community elders declare, “Our hands did not spill this blood” [Devarim 21:7]. “Would anybody even consider that the elders of the Beit Din are murderers? Rather, they are declaring that they did not see him and send him away unaccompanied, witho ut any food.” [Sotta 45b].

As the month of Elul begins, we should remember the hint of the month’s name, an acronym of “I belong to my lover and my lover belongs to me” [Shir Hashirim 6:3]. This is a hint of the relationship between man and the Holy One, Blessed be He. But the letters of Elul are also an acronym for another verse, “Every man gave to his colleague, and also gifts to poor people” [Esther 9:22]. This refers to concern for other people.

In connection with the above, we note that all the prayers of the Days of Awe refer to the needs of the community as a whole and not to personal requests.

Should certain people not join the army of the State of Israel

We have all been reading with interest about the expiration of the Tal Law, which had afforded “Kollel Yungerleit” the opportunity to avoid military service in the State of Israel on account of their extended and continued full time study of Torah. We have also heard many Gedolim say that this is a situation of יהרג ועל יעבור … that people should give up their lives rather than join the army.

Parshas Shoftim describes the process whereby the Cohen, משוח מלחמה explains the procedures before warfare. First he encourages the troops and tells them that they only should fear Hashem and not the enemy, then he describes the categories of soldier (male soldiers, of course) who are exempt from battle (anyone is engaged but yet to marry a woman, anyone who has built a house but did not move in, anyone who has planted a vineyard but has yet to reap a harvest, and anyone who feels afraid). The Shotrim (policemen/miitary staff) then repeat this to groups of soldiers, according to Rashi.

There are two broad categories of war: the Milchemes Mitzvah (loosely described as a war where one defends the very existence/populace) and a Milchemes Reshus (a type of warfare which is waged for other reasons). A Milchemes Mitzvah is obviously a more serious, life threatening situation, and so we fine that the Mishne in Sotah (8:7) states that the aforementioned exemptions do not apply to a Milchemes Mitzvah. In other words, when it comes to defending the very existence of the people/State, it’s “all hands on the deck”.

Strangely, the Rambam at the beginning of the seventh chapter of Hilchos Melachim, states that the Cohen also announces these exemptions for a Milchemes Mitzvah. How can the Rambam contradict a clear Mishna? One explanation I read from Rav Schachter in the name of the Rav is that there is a dual obligation when anyone goes to war. One obligation is a national obligation. The person is part of the כלל and in the sense that the כלל is threatened in a Milchemes Mitzvah, the Torah does not provide an opportunity for exemption. There is also an individual obligation, the obligation of the פרט, the potential soldier who signs up for military service or considers doing so. In a Milchemes Reshus, the Cohen explains that someone who is in one of the aforementioned categories is strongly urged to stay home. They aren’t needed, and furthermore it could be argued that they may even damage morale by virtue of their preponderant thoughts.

According to the Rav, the Rambam is saying that even in a Milchemes Mitzvah, the Cohen explains the laws of the פרט being absolved from joining the armed forces before they defend the nation. It is necessary to explain the difference, and stress that this is only an exemption in as much as they are private individuals, however, since they are about to embark on a life and death battle for the defence of the people and the State, the aspect of the כלל affords them no exemption.

Of course, there are other explanations. Reflecting on this on Parshas Shoftim, I have great difficulty understanding how those who ostensibly don’t feel politically part of the State, give themselves the right to also not feel existentially part of the כלל.

Certainly, as I sit in Melbourne, Australia, I’m not exactly entitled to criticise the life and death decisions taken by those who live in Eretz HaKodesh. I am, however, entitled, I believe to ask for an explanation in light of the above.