Writing by Dr. Dannielle Blumenthal

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Jewish Law and the Gaza War, Part 3: Does Israel (the IDF) Follow Halacha (Jewish Law)?

  1. Legal vs. Religious Authority

Israel is a sovereign democracy, not a theocracy. Legally, the IDF is governed by Israeli Civil Law and International Humanitarian Law (e.g., Geneva Conventions). However, the IDF’s code of ethics, Ruach Tzahal (Spirit of the IDF), explicitly cites the “tradition of the Jewish People” as a foundational pillar alongside democratic values and military law (IDF 2024).

  1. The Role of the Military Rabbinate
    The Military

Rabbinate facilitates observant service through three main avenues:

a. Logistics: Mandating Kosher kitchens and Shabbat observance in non-combat settings.

b. Ethical Consultation: Providing commanders with spiritual guidance on the ethics of war based on Halachic sources (Kampinsky 2020).

c. Ritual: Overseeing the identification and burial of soldiers and enemies according to Kevod HaMet (dignity of the deceased).

  1. “Purity of Arms” and Halachic Values

The IDF’s doctrine of Tohar HaNeshek (Purity of Arms) aligns with several Jewish legal principles:

a. Minimal Violence: Halacha mandates using only the force necessary to achieve an objective (Nadel 2021).

b. Non-Combatant Protection: Tactics like “roof knocking” or evacuation warnings mirror Maimonides’ principle (1180) of leaving a “fourth side” open during a siege to allow civilian escape (Goren 1982).

  1. Points of Tension

Friction exists where secular military law and rabbinic interpretations diverge:

a. Force Protection: Some rabbinic authorities argue Halacha prioritizes Israeli soldiers’ lives over enemy civilians more strictly than international law allows (Yisraeli 1992).

b. The Draft: A major societal rift exists between those who view full-time Torah study as a spiritual defense and those who classify modern defense as a Milchemet Mitzvah (obligatory war) requiring universal service (Aharon Korff 2024).

Key Sources

IDF (2024): The Spirit of the IDF.
Maimonides (1180): Mishneh Torah, Hilchot Melachim.
Kampinsky (2020): Roles of the Military Rabbi.
Nadel (2021): Halacha and IDF Ethics.
Yisraeli (1992): Amud HaYemini.

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