The Ethics of War Remembrance Day, 5784 We dedicate our learning to the memory of Rose Lubin z"l.
When is war permitted, and what are the ethical limits of conduct in wartime?
1. A "required war" (milchemet chova) is a war explicitly commanded in the Torah. It applied to the seven nations of the Canaanite region and to them alone. It is not only a call for war, but a call for the annihilation of these seven nations. There is no archeological evidence and no textual evidence that these wars were ever carried out. Because this category may not be applied to anyone else than these seven nations, which no longer exist, this category is obsolete.
THREE CATEGORIES OF WAR

(א) כִּ֤י יְבִֽיאֲךָ֙ ה' אֱלֹקֶ֔יךָ אֶל־הָאָ֕רֶץ אֲשֶׁר־אַתָּ֥ה בָא־שָׁ֖מָּה לְרִשְׁתָּ֑הּ וְנָשַׁ֣ל גּֽוֹיִם־רַבִּ֣ים ׀ מִפָּנֶ֡יךָ הַֽחִתִּי֩ וְהַגִּרְגָּשִׁ֨י וְהָאֱמֹרִ֜י וְהַכְּנַעֲנִ֣י וְהַפְּרִזִּ֗י וְהַֽחִוִּי֙ וְהַיְבוּסִ֔י שִׁבְעָ֣ה גוֹיִ֔ם רַבִּ֥ים וַעֲצוּמִ֖ים מִמֶּֽךָּ׃ (ב) וּנְתָנָ֞ם ה' אֱלֹקֶ֛יךָ לְפָנֶ֖יךָ וְהִכִּיתָ֑ם הַחֲרֵ֤ם תַּחֲרִים֙ אֹתָ֔ם לֹא־תִכְרֹ֥ת לָהֶ֛ם בְּרִ֖ית וְלֹ֥א תְחָנֵּֽם׃

(1) When the Eternal your God brings you to the land that you are about to enter and possess, and God dislodges many nations before you—the Hittites, Girgashites, Amorites, Canaanites, Perizzites, Hivites, and Jebusites, seven nations much larger than you— (2) and the Eternal your God delivers them to you and you defeat them, you must doom them to destruction: grant them no terms and give them no quarter.

(ג) וְלֹ֥א תִתְחַתֵּ֖ן בָּ֑ם בִּתְּךָ֙ לֹא־תִתֵּ֣ן לִבְנ֔וֹ וּבִתּ֖וֹ לֹא־תִקַּ֥ח לִבְנֶֽךָ׃ (ד) כִּֽי־יָסִ֤יר אֶת־בִּנְךָ֙ מֵֽאַחֲרַ֔י וְעָבְד֖וּ אֱלֹקִ֣ים אֲחֵרִ֑ים וְחָרָ֤ה אַף־ה' בָּכֶ֔ם וְהִשְׁמִידְךָ֖ מַהֵֽר׃ (ה) כִּֽי־אִם־כֹּ֤ה תַעֲשׂוּ֙ לָהֶ֔ם מִזְבְּחֹתֵיהֶ֣ם תִּתֹּ֔צוּ וּמַצֵּבֹתָ֖ם תְּשַׁבֵּ֑רוּ וַאֲשֵֽׁירֵהֶם֙ תְּגַדֵּע֔וּן וּפְסִילֵיהֶ֖ם תִּשְׂרְפ֥וּן בָּאֵֽשׁ׃
(3) You shall not intermarry with them: do not give your daughters to their sons or take their daughters for your sons. (4) For they will turn your children away from Me to worship other gods, and יהוה’s anger will blaze forth against you, promptly wiping you out. (5) Instead, this is what you shall do to them: you shall tear down their altars, smash their pillars, cut down their sacred posts, and consign their images to the fire.
2. An "optional war" (milchemet r'shut) is a war that a king of Israel wanted to fight for the sake of winning access to territory and goods. It required the authorization of the Sanhedrin. It required 71 out of 120 rabbis to authorize it. These wars refer to the wars of King David. Neither a king of Israel nor the Sanhedrin exists today, therefore this category is also obsolete.

(ד) וּמוֹצִיא לְמִלְחֶמֶת הָרְשׁוּת עַל פִּי בֵית דִּין שֶׁל שִׁבְעִים וְאֶחָד. וּפוֹרֵץ לַעֲשׂוֹת לוֹ דֶרֶךְ, וְאֵין מְמַחִין בְּיָדוֹ. דֶּרֶךְ הַמֶּלֶךְ אֵין לוֹ שִׁעוּר. וְכָל הָעָם בּוֹזְזִין וְנוֹתְנִין לְפָנָיו, וְהוּא נוֹטֵל חֵלֶק בָּרֹאשׁ.

(4) [The King] may lead [the people] out to an optional war with the consent of the court of seventy-one. He can break through [private property] to build a road, and none may object. The king's road has no measure. And everything that the nation plunders, they place in front of him, and he takes the first portion.

3. The third kind of war is a "mitzvah war, a commanded war" (milchemet mitzvah). It is for the purpose of self-defence. This category still applies today.
(ט) וְכִֽי־תָבֹ֨אוּ מִלְחָמָ֜ה בְּאַרְצְכֶ֗ם עַל־הַצַּר֙ הַצֹּרֵ֣ר אֶתְכֶ֔ם וַהֲרֵעֹתֶ֖ם בַּחֲצֹצְר֑וֹת וֲנִזְכַּרְתֶּ֗ם לִפְנֵי֙ ה' אֱלֹֽקֵיכֶ֔ם וְנוֹשַׁעְתֶּ֖ם מֵאֹיְבֵיכֶֽם׃

(9) When you are at war in your land against an aggressor who attacks you, you shall sound short blasts on the trumpets, that you may be remembered before the Eternal your God and be delivered from your enemies.

(ד) צָרוֹר אֶת הַמִּדְיָנִים, לָמָּה (במדבר כה, יח): כִּי צֹרְרִים הֵם לָכֶם, מִכָּן אָמְרוּ חֲכָמִים בָּא לְהָרְגֶּךָ הַשְׁכֵּם לְהָרְגוֹ.

(4) "Assail the Midianites" - Why? "For they assailed you" (Numbers 25:18). From here the Sages said, 'when someone comes to kill you, rise up to kill him (first).'

כִּֽי־תֵצֵ֨א לַמִּלְחָמָ֜ה עַל־אֹיְבֶ֗יךָ וְֽרָאִ֜יתָ ס֤וּס וָרֶ֙כֶב֙ עַ֚ם רַ֣ב מִמְּךָ֔ לֹ֥א תִירָ֖א מֵהֶ֑ם כִּֽי־ה' אֱלֹקֶ֙יךָ֙ עִמָּ֔ךְ הַמַּֽעַלְךָ֖ מֵאֶ֥רֶץ מִצְרָֽיִם׃

וְהָיָ֕ה כְּקָֽרָבְכֶ֖ם אֶל־הַמִּלְחָמָ֑ה וְנִגַּ֥שׁ הַכֹּהֵ֖ן וְדִבֶּ֥ר אֶל־הָעָֽם׃ וְאָמַ֤ר אֲלֵהֶם֙ שְׁמַ֣ע יִשְׂרָאֵ֔ל אַתֶּ֨ם קְרֵבִ֥ים הַיּ֛וֹם לַמִּלְחָמָ֖ה עַל־אֹיְבֵיכֶ֑ם אַל־יֵרַ֣ךְ לְבַבְכֶ֗ם אַל־תִּֽירְא֧וּ וְאַֽל־תַּחְפְּז֛וּ וְאַל־תַּֽעַרְצ֖וּ מִפְּנֵיהֶֽם׃ כִּ֚י ה' אֱלֹֽקֵיכֶ֔ם הַהֹלֵ֖ךְ עִמָּכֶ֑ם לְהִלָּחֵ֥ם לָכֶ֛ם עִם־אֹיְבֵיכֶ֖ם לְהוֹשִׁ֥יעַ אֶתְכֶֽם׃

וְדִבְּר֣וּ הַשֹּֽׁטְרִים֮ אֶל־הָעָ֣ם לֵאמֹר֒ מִֽי־הָאִ֞ישׁ אֲשֶׁ֨ר בָּנָ֤ה בַֽיִת־חָדָשׁ֙ וְלֹ֣א חֲנָכ֔וֹ יֵלֵ֖ךְ וְיָשֹׁ֣ב לְבֵית֑וֹ פֶּן־יָמוּת֙ בַּמִּלְחָמָ֔ה וְאִ֥ישׁ אַחֵ֖ר יַחְנְכֶֽנּוּ׃ וּמִֽי־הָאִ֞ישׁ אֲשֶׁר־נָטַ֥ע כֶּ֙רֶם֙ וְלֹ֣א חִלְּל֔וֹ יֵלֵ֖ךְ וְיָשֹׁ֣ב לְבֵית֑וֹ פֶּן־יָמוּת֙ בַּמִּלְחָמָ֔ה וְאִ֥ישׁ אַחֵ֖ר יְחַלְּלֶֽנּוּ׃ וּמִֽי־הָאִ֞ישׁ אֲשֶׁר־אֵרַ֤שׂ אִשָּׁה֙ וְלֹ֣א לְקָחָ֔הּ יֵלֵ֖ךְ וְיָשֹׁ֣ב לְבֵית֑וֹ פֶּן־יָמוּת֙ בַּמִּלְחָמָ֔ה וְאִ֥ישׁ אַחֵ֖ר יִקָּחֶֽנָּה׃ וְיָסְפ֣וּ הַשֹּׁטְרִים֮ לְדַבֵּ֣ר אֶל־הָעָם֒ וְאָמְר֗וּ מִי־הָאִ֤ישׁ הַיָּרֵא֙ וְרַ֣ךְ הַלֵּבָ֔ב יֵלֵ֖ךְ וְיָשֹׁ֣ב לְבֵית֑וֹ וְלֹ֥א יִמַּ֛ס אֶת־לְבַ֥ב אֶחָ֖יו כִּלְבָבֽוֹ׃

When you take the field against your enemies, and see horses and chariots—forces larger than yours—have no fear of them, for the Eternal your God, who brought you from the land of Egypt, is with you.

Before you join battle, the priest shall come forward and address the troops. He shall say to them, “Hear, O Israel! You are about to join battle with your enemy. Let not your courage falter. Do not be in fear, or in panic, or in dread of them. For it is the Eternal your God who marches with you to do battle for you against your enemy, to bring you victory.”

Then the officers shall address the troops, as follows: “Is there anyone who has built a new house but has not dedicated it? Let him go back to his home, lest he die in battle and another dedicate it. Is there anyone who has planted a vineyard but has never harvested it? Let him go back to his home, lest he die in battle and another harvest it. Is there anyone who has paid the bride-price for a wife, but who has not yet married her? Let him go back to his home, lest he die in battle and another marry her.” The officials shall go on addressing the troops and say, “Is there anyone afraid and disheartened? Let him go back to his home, lest the courage of his comrades flag like his.”

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"We had a small, spontaneous wedding and 400 people showed up around the chuppah."
Ethical Conduct in Wartime

(יג) כָּל הַיָּכוֹל לְהַצִּיל בְּאֵיבָר מֵאֵיבָרָיו וְלֹא טָרַח בְּכָךְ אֶלָּא הִצִּיל בְּנַפְשׁוֹ שֶׁל רוֹדֵף וַהֲרָגוֹ הֲרֵי זֶה שׁוֹפֵךְ דָּמִים וְחַיָּב מִיתָה אֲבָל אֵין בֵּית דִּין מְמִיתִין אוֹתוֹ:

If one is able to save the victim at the cost of only a limb of the pursuer and does not take the trouble to do so, but saves the victim at the cost of the pursuer's life, he is deemed a murderer, and he deserves to be put to death. He may not, however, be put to death by the court.

(ח) אֵין קוֹצְצִין אִילָנֵי מַאֲכָל שֶׁחוּץ לַמְּדִינָה וְאֵין מוֹנְעִין מֵהֶם אַמַּת הַמַּיִם כְּדֵי שֶׁיִּיבְשׁוּ. שֶׁנֶּאֱמַר (דברים כ, יט) "לֹא תַשְׁחִית אֶת עֵצָהּ". וְכָל הַקּוֹצֵץ לוֹקֶה. וְלֹא בְּמָצוֹר בִּלְבַד אֶלָּא בְּכָל מָקוֹם כָּל הַקּוֹצֵץ אִילַן מַאֲכָל דֶּרֶךְ הַשְׁחָתָה לוֹקֶה. אֲבָל קוֹצְצִין אוֹתוֹ אִם הָיָה מַזִּיק אִילָנוֹת אֲחֵרִים. אוֹ מִפְּנֵי שֶׁמַּזִּיק בִּשְׂדֵה אֲחֵרִים. אוֹ מִפְּנֵי שֶׁדָּמָיו יְקָרִים. לֹא אָסְרָה תּוֹרָה אֶלָּא דֶּרֶךְ הַשְׁחָתָה:

(8) Fruit-bearing trees must not be cut down outside of the city43Under siege in order to pain them. nor do we block their irrigation water causing the trees to dry up, as it says, “do not destroy her trees” (Deut. 20:19). Anyone who cuts down a tree receives lashes. This is not only at times of a siege, but anyone at anytime who chops down a fruit-bearing tree for destructive purposes receives stripes.

The tree may be cut down if it is damaging other trees or it is damaging another’s field, or because the tree is more valuable for its wood than its fruit. The Torah only forbids wanton destruction.

באו על עסקי נפשות יוצאין עליהן בכלי זיינן ומחללין עליהן את השבת

ובעיר הסמוכה לספר אפילו לא באו על עסקי נפשות אלא על עסקי תבן וקש יוצאין עליהן בכלי זיינן ומחללין עליהן את השבת

אמר רב יוסף בר מניומי אמר רב נחמן ובבל כעיר הסמוכה

Rav Yehuda, said that Rav said: ...if foreigners invade to threaten lives, people may go out against them with their weapons, and they may desecrate Shabbat due to them.

And with regard to a town that is located near the border, even if they did not invade with intention to take lives, but rather with regard to matters of hay and straw, i.e., to raid and spoil the town, the people may go out against them with their weapons, and they may desecrate Shabbat due to them, as the border must be carefully guarded, in order to prevent enemies from gaining a foothold there.

Rav Yosef bar Manyumi said that Rav Naḥman said: And Babylonia is considered like a town located near the border, and war may be waged there on Shabbat even if the foreigners came for financial gain.

(י) כִּֽי־תֵצֵ֥א לַמִּלְחָמָ֖ה עַל־אֹיְבֶ֑יךָ וּנְתָנ֞וֹ ה' אֱלֹקֶ֛יךָ בְּיָדֶ֖ךָ וְשָׁבִ֥יתָ שִׁבְיֽוֹ׃ (יא) וְרָאִיתָ֙ בַּשִּׁבְיָ֔ה אֵ֖שֶׁת יְפַת־תֹּ֑אַר וְחָשַׁקְתָּ֣ בָ֔הּ וְלָקַחְתָּ֥ לְךָ֖ לְאִשָּֽׁה׃ (יב) וַהֲבֵאתָ֖הּ אֶל־תּ֣וֹךְ בֵּיתֶ֑ךָ וְגִלְּחָה֙ אֶת־רֹאשָׁ֔הּ וְעָשְׂתָ֖ה אֶת־צִפָּרְנֶֽיהָ׃ (יג) וְהֵסִ֩ירָה֩ אֶת־שִׂמְלַ֨ת שִׁבְיָ֜הּ מֵעָלֶ֗יהָ וְיָֽשְׁבָה֙ בְּבֵיתֶ֔ךָ וּבָֽכְתָ֛ה אֶת־אָבִ֥יהָ וְאֶת־אִמָּ֖הּ יֶ֣רַח יָמִ֑ים וְאַ֨חַר כֵּ֜ן תָּב֤וֹא אֵלֶ֙יהָ֙ וּבְעַלְתָּ֔הּ וְהָיְתָ֥ה לְךָ֖ לְאִשָּֽׁה׃

(10) When you take the field against your enemies, and the Eternal your God delivers them into your power and you take some of them captive, (11) and you see among the captives a beautiful woman and you desire her and would take her to wife, (12) you shall bring her into your house, and she shall trim her hair, pare her nails, (13) and discard her captive’s garb. She shall spend a month’s time in your house lamenting her father and mother; after that you may come to her and possess her, and she shall be your wife.

“Ruach Tzahal,” The Spirit of (the values of) the Israel Defense Forces
https://www.idfinfo.co.il/about/idf/
“Ruach Tzahal (Literally, 'Spirit of the IDF') represents the values of the Israel Defense Forces and stands as the foundation for the responsibilities of Israel's army. This overarching ethical code, and the guidelines and operation resulting from it, shape the mode of action applied by all IDF soldiers and units, both in peace and at war.
During basic training, every IDF soldier studies and analyzes the code of ethics together with their commanders. A framed copy of the code hangs prominently in every commanders office as a constant reminder of the IDF's values and guidelines.
Stated Values of the IDF
RUACH TZAHAL (רוח צה”ל)
The document defines three core values for all IDF soldiers to follow, as well as ten secondary values (the first being most important, and the others appearing sorted in Hebrew alphabetical order):
Core values
  • Defense of the State, its Citizens and its Residents – “The IDF’s goal is to defend the existence of the State of Israel, its independence and the security of the citizens and residents of the state.”
  • Love of the Homeland and Loyalty to the Country – “At the core of service in the IDF stand the love of the homeland and the commitment and devotion to the State of Israel-a democratic state that serves as a national home for the Jewish People - its citizens and residents.”
  • Human Dignity – “The IDF and its soldiers are obligated to protect human dignity. Every human being is of value regardless of his or her origin, religion, nationality, gender, status or position.”
Other Values
  • Tenacity of Purpose in Performing Missions and Drive to Victory – “The IDF servicemen and women will fight and conduct themselves with courage in the face of all dangers and obstacles; They will persevere in their missions resolutely and thoughtfully even to the point of endangering their lives.”
  • Responsibility – “The IDF servicemen or women will see themselves as active participants in the defense of the state, its citizens and residents. They will carry out their duties at all times with initiative, involvement and diligence with common sense and within the framework of their authority, while prepared to bear responsibility for their conduct.”
  • Credibility – “The IDF servicemen and women shall present things objectively, completely and precisely, in planning, performing and reporting. They will act in such a manner that their peers and commanders can rely upon them in performing their tasks.”
  • Personal Example – “The IDF servicemen and women will comport themselves as required of them, and will demand of themselves as they demand of others, out of recognition of their ability and responsibility within the military and without to serve as a deserving role model.”
  • Human Life“The IDF servicemen and women will act in a judicious and safe manner in all they do, out of recognition of the supreme value of human life. During combat they will endanger themselves and their comrades only to the extent required to carry out their mission.”
  • Purity of Arms“The soldier shall make use of his weaponry and power only for the fulfillment of the mission and solely to the extent required; he will maintain his humanity even in combat. The soldier shall not employ his weaponry and power in order to harm non-combatants or prisoners of war, and shall do all he can to avoid harming their lives, body, honor and property.”
  • Professionalism – “The IDF servicemen and women will acquire the professional knowledge and skills required to perform their tasks, and will implement them while striving continuously to perfect their personal and collective achievements.”
  • Discipline– “The IDF servicemen and women will strive to the best of their ability to fully and successfully complete all that is required of them according to orders and their spirit. IDF soldiers will be meticulous in giving only lawful orders, and shall refrain from obeying blatantly illegal orders.”
  • Comradeship – “The IDF servicemen and women will act out of fraternity and devotion to their comrades, and will always go to their assistance when they need their help or depend on them, despite any danger or difficulty, even to the point of risking their lives.”
  • Sense of Mission – “The IDF soldiers view their service in the IDF as a mission; They will be ready to give their all in order to defend the state, its citizens and residents. This is due to the fact that they are representatives of the IDF who act on the basis and in the framework of the authority given to them in accordance with IDF orders.”