- Categorization
In Halacha, wars are generally divided into two categories.
a. Milchemet Mitzvah (Commanded War): Defensive wars to save the Jewish people from an enemy that has attacked them. Most halachic authorities categorize the current conflict as a Milchemet Mitzvah because it began as a response to an invasion and continues as a defensive measure to prevent further attacks.
b. Milchemet Reshut (Discretionary War): Territorial wars waged for expansion or economic reasons. (This requires the approval of the Sanhedrin, which does not exist today).
- The Principle of Self-Defense
A core tenet of Jewish law is “Habah l’horgecha, hashkem l’horgo”—”If someone comes to kill you, rise up and kill him first.”
This provides the legal basis for:
a. Proactive Defense: Neutralizing threats before they can strike.
b. Subduing the Enemy: Many authorities, citing Maimonides, argue that a war must continue until the enemy is “subdued” (brought to a point where they no longer pose a threat), rather than stopping at a temporary ceasefire that allows for re-arming.
- Treatment of Civilians and Sieges
This is where the most significant halachic debate occurs.
a. The Three-Sided Siege: Classical Halacha (based on a ruling by Maimonides) states that when besieging a city, one must leave one side open to allow civilians to flee. Some modern poskim (legal decisors) argue this applies even today, while others argue that if the “open side” allows the enemy to escape or re-supply, the rule may be modified for military necessity.
b. Human Shields: Halacha recognizes the tragedy of “human shields.” Most authorities rule that while one must avoid intentional targeting of civilians, a military may strike a legitimate target even if it results in collateral damage, provided the objective is necessary to save Israeli lives (Pikuach Nefesh).
c. Prioritizing Soldiers vs. Enemy Civilians: There is a notable “machloket” (dispute) here. Some rabbis (like Rav Shaul Yisraeli) have argued that a commander isn’t required to risk the lives of his soldiers to save the lives of enemy civilians being used as shields. Others (like Rav Aharon Lichtenstein) emphasized that the value of every human life (B’tselem Elohim) requires extreme caution and proportionality.
- Humanitarian Obligations
a. Supply of Resources: Some rabbis argue that there is no halachic obligation to provide food or water to an enemy population during an active war, especially if those resources are being diverted to the enemy military.
b. Captives (Pidyon Shvuyim): The redemption of hostages is considered a “Mitzvah Rabbah” (a great commandment). However, halacha also warns against paying “more than their value” or releasing dangerous prisoners if it will lead to more kidnappings in the future. Balancing rescue of hostages with long-term safety of the public is one of the most difficult halachic dilemmas of this war.
This output was generated by Gemini AI.
Writing by Dr. Dannielle Blumenthal 