Mandatory war

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Mandatory war (Hebrew: מלחמת חובה‎; milḥemet ḥovah), or compulsory war, is a technical term found in Hebrew classical literature and denoting a war that requires the entire nation of the Jewish people to rise-up and to become actively engaged-in^[1] because of an existential threat to the Jewish nation. The aim is to thwart the enemy advances against the nation of Israel, without the necessity of enslaving and exterminating the enemy, or of annexing the enemy's territory. It is to be distinguished from a "voluntary war" (מלחמת רשות‎; milḥemet reshūt), that is to say, a battle waged of free choice, which requires the approbation of the Sanhedrin.^[2] It is also to be distinguished from a "religious war" (מלחמת מצוה‎; milḥemet mitzvah), which is restricted to those nations mentioned in the Hebrew Bible, such as Amalek and the nations of Canaan.^[3][4] The biblical command, in the case of the Canaanite inhabitants, was to exterminate them and to annex their territory,^[5] whereas others who made peace with Israel could be enslaved and forced to pay tribute.^[6]

General overview[edit]

Specifically relating to the halachic laws governing the Jewish nation, Spanish Jewish rabbi and scholar, Menahem Meiri, has described the conditions needed for there to be a "mandatory war", saying that all wars, excepting those made for the conquest of the Land of Israel (such as at the time of Joshua), are to be deemed as "voluntary wars".^[3] A ruler cannot compel the Jewish people to fight in such "voluntary wars" (so-named because the ruler of that nation is either angry at his enemy, or simply wishes to show his prowess, or to extend his territorial domain), unless it be by the authorization of the greater Sanhedrin, composed of seventy-one judges.^[3][7] However, if there were a case whereby the nation of Israel had been attacked by an enemy for any reason, that would be tantamount to a battle waged in a religious cause ("religious war"), in which case it is the bounden duty of all in Israel to fight and resist the enemy, hence: a mandatory war (or battle waged in duty bound).^[3][8]

Maimonides further explains that whenever Israel finds itself fighting a battle in a religious cause, such as when an oppressor has come upon them in war to destroy them, the people of Israel need not obtain prior permission from the Rabbinic court to fight, but may go forth to the battle, and compel others to do the same.^[9]

The Hebrew expressions, Milḥemet mitzvah (religious war) and Milḥemet ḥovah (mandatory war), are sometimes used interchangeably, since they include the reactive defensive wars when Jewish habitations were attacked.^[10] Rabbi Yehuda, however, distinguishes between these two expressions.^[8][11][a]

Rabbinic discussions[edit]

[When you go out to war against your enemies, and see horses and chariots and an army larger than your own, you shall not be afraid of them, for the Lord your God is with you, who brought you up out of the land of Egypt, etc. (Deut. 20:1–ff.)] What is being spoken about here? Said Rabbi Yehuda: 'The matter concerns a religious war (milḥemet mitzvah). However, in a mandatory war (milḥemet ḥovah), all go forth [into battle], even a bridegroom from his room and a bride from her bridal-chamber.' Our Mishnah [in Soṭah speaks of] when you go out to war against your enemies. The writing [in Mishnah Soṭah] speaks about the voluntary war (milḥemet ha-reshūt) [fought at Israel's own discretion].^[13]

One of the fine points arising from the rabbinic discussions on the subject is that, whenever Israel voluntarily wages a battle of free choice against another nation, unto Israel would apply all the conditions mentioned in the Hebrew Bible (Deuteronomy 20:1–ff.) and in Mishnah Soṭah (chapter 8). Although certain persons were permitted by Deuteronomy, chapter 20, to leave the field before a battle began, this was allowed, according to rabbinical opinion, only in case of a voluntary war.^[14] Wherefore, a man who is newly married, or who has planted a vineyard and has yet to partake of its fruit, or who has built a new house and who has not yet lived in that house for a year's time, etc. is exempt from participating in that war.^[15][16] However, if Israel were faced with an existential threat, the conditions of Deuteronomy (chapter 20) and of Mishnah Soṭah (chapter 8) would not apply, as not even a bridegroom is exempt from that war, but must rally behind Israel, and go forth to fight in Israel's defense.^[15] A mandatory war is, therefore, tantamount to a "religious war" and, as such, the general principle applies to everyone: "He that is currently engaged in performing one biblical commandment (i.e. defending Israel), he is exempt from doing another biblical commandment (i.e. cohabiting with his bride, etc.)" (העוסק במצוה פטור מן המצוה‎).^[15]

See also[edit]

• Armed conflict
• Declaration of war
• International humanitarian law
• Jus ad bellum
• Just war theory
• Law of war

References[edit]

Notes[edit]

Further reading[edit]

• Grunblatt, Joseph (1968). "Violence and Some Aspects of the Judaic Tradition". Tradition: A Journal of Orthodox Jewish Thought. 10 (2). Rabbinical Council of America (RCA): 42–47. JSTOR 23256251.
• 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.

Bibliography[edit]