Reply To: Attention Avi K (OK, and everyone else)

Avi K:

The requirement for a Sanhedrin and Navi only refers to milchemet reshut not a milchemet mitzva (Ramban, Hilchot Melachim 5:2

You are confusing two separate issues. The Rambam clearly writes in his introduction to the Sefer HaMitzvos that no korbanos, misas beis din, or wars are to be carried out without the Beis HaMikdosh:

????? ??????? ?????? ?????? ?? ???? ??? ???? ?????? ??????? ????? ???? ???? ??? ????? ????? ????? ???? ?????… ?? ????? ???? ?? ????? ???? ?? ????? ???? ?? ??? ?? ?????? ??? ???? ???? ??? ??? ????? ??? ?? ??????

A cursory glance at the Rambam that you referenced shows that he is only discussing when the King needs the permission of the Sanhedrin to declare war; but both must be established for any war at all to be declared.

I will also point out again that Rashi says in Eirevin 17a, Sanhedrin 2a, and Sotah 44b that all wars after the wars of Yehoshua are not considered Milchemes Mitzva.

Also see the Igros Moshe I previously cited (CM 2:78):

???? ????? ???? ????? ????? ??? ???? ???’ ????? ?????? ?????? ???????? ?? ?????? ???? ?????? ???? ?????? ?? ??? ???? ????? ??? ????? ??????? ?? ???? ????? ?????, ??? ??? ???? ?????? ??? ???? ????? ?”?

One can argue whether R’ Moshe holds like the Rambam or like Rashi, but either way it’s clear he does not hold the concept of Milchemes Mitzva is aplicable today.

(BTW, just because somebody mentions that particapting in the wars of the State of Israel is a mitzva does not mean that the war itself has the status of Milchemes Mitzva.)

On a seperate note, the Tzitz Eleizer in his sefer Hilchos Medinah (linked to by DY) says that Talmidei Chachomim, like Shevet Levi, should not be drafted into combat even in a Milchemes Mitzva, unless the war will be lost otherwise. However, in the case of a Milchemes Reshus he says the state must retreat and cancel the military campaign rather than draft Talmidei Chachomim. He brings a proof to this from two Gemaros, one in Sota 10a that says Asa lost his legs because he drafted Talmidei Chachomim, and the other in Nedarim 32 that says Avraham Avinu was punished for waging war with Talmidei Chachomim.

Then he brings down that R’ Kook proved from those same Gemaros that a Talmid Chachom is pattur even from Milchemes Mitzva.

Finally, I think it is rather ironic that you are trying to prove your point by quoting R’ Kook, the Tzitz Eliezer, and R’ Ovadya Yosef, who were all clearly and vehemently opposed to the very idea that you are attempting to advance, namely drafting yeshiva bochrim into the Israeli army.

So tell me, are there any Poskim that we would normally consider to be a Bar Plugta of the likes of R’ Kook, R’ Tzvi Pesach Frank, R’ Moshe, and the Tzitz Eliezer, that actully pasken that yeshiva bochrim should be drafted?