Peace is a paramount value in Judaism. According to the famous dictum of the Israelite prophets, the messianic era will be a time when “nation shall not lift up sword against nation, neither shall they learn war anymore.” (Isaiah 2:4) Yet the Torah recognizes war as a fact of life.
Wars were fought throughout the Bible and later Jewish history, with some of them mandated by God. This kind of war, known in rabbinic literature as milchemet mitzvah, or an obligatory war, includes wars of self-defense and wars carried out in pursuit of a religious obligation, such as the eradication of Amalek. The other type of war recognized in Jewish thought is a milchet hareshut, or discretionary war, which was fought to expand the borders of Israel.
Deuteronomy lists several categories of men who are exempt from military service.
- Someone who has built a new house but not yet dedicated it (Deuteronomy 20:5)
- Someone who has planted a vineyard but not yet harvested it (Deuteronomy 20:6)
- Someone who has betrothed a wife but not yet married her (Deuteronomy 20:7)
- Someone who is afraid and disheartened (Deuteronomy 20:8)
- Someone who is newly married and is exempted for one year (Deuteronomy 24:5)
The Torah offers no reasons why these particular men are exempt from military duties, but some commentators suggest that these are all individuals whose focus and determination may be absent, either because they have unfinished business at home or because they are fearful of death. All such people are dangerous on the battlefield, not only to themselves but to their fellow soldiers whose lives depend on them.
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The Talmud records a dispute over the precise dimensions of the fearful warrior. Rabbi Akiva maintains it means precisely what it says, that someone afraid of being killed or having to kill during war is exempt, while other authorities claim it means fearful of sin — that is, someone afraid that God may punish them for their sins by having them die in battle. Those who hold to the latter position further disagree about whether the exemption applies only in the case of having violated major Torah prohibitions, or if it also applies to those who have made minor technical violations of Jewish law. The Talmud reports that Rabbi Yosei HaGelili held that even someone who violated the rabbinic prohibition on speaking between donning the two boxes of Tefillin should be sent home, a position that has led some commentators to suggest that he was effectively exempting everyone from war, since virtually every potential soldier has violated some rabbinic injunction.
Maimonides asserts that all these exemptions apply only in the case of a discretionary war. In an obligatory war, all men of age are required to participate. Maimonides also extends these categories in various ways. For example, not only is a vineyard planter exempt, but so is anyone who plants a fruit-bearing orchard larger than five trees. He also extends the exemption for the builder of a home to one who builds a barn or a woodshed, since these structures too are fit for habitation, and to one who buys or inherits a home.
Military Exemption in Modern Israel
The Torah’s rules on military exemption haven’t been applicable since ancient times, but with the establishment of the State of Israel in 1948, a Jewish army was established for the first time in more than two millennia. Military conscription is mandatory in Israel for both men and women beginning at age 18, but a number of exemptions apply.
Israel exempts religious women from the military, though some elect to perform an alternative form of national service. Arab citizens are exempt on the grounds that they might find themselves in the untenable situation of fighting relatives in the event of a war between Israel and its neighbors. A small number of exemptions are also granted to conscientious objectors.
The most controversial exemption applies to haredi Orthodox men. This has sparked resentment among secular Israelis who see themselves as carrying the burden of ensuring the country’s security. In 2001, the Israeli parliament passed the Tal Law, which enabled haredi Orthodox men to delay conscription until age 23, after which they could either continue studying full-time in a yeshiva, serve an abbreviated 16-month stint in the military or perform a year of unpaid national service. In 2012, the Israeli Supreme Court deemed the Tal Law unconstitutional. In 2024, the court ruled that the government could no longer exempt the haredi Orthodox based solely on their religious status, and in early 2025 the Israeli military began issuing draft notices to them. But the move remains deeply unpopular among the haredi Orthodox, some of whom have vowed to defy the order.
Talmud
Pronounced: TALL-mud, Origin: Hebrew, the set of teachings and commentaries on the Torah that form the basis for Jewish law. Comprised of the Mishnah and the Gemara, it contains the opinions of thousands of rabbis from different periods in Jewish history.
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Torah
Pronunced: TORE-uh, Origin: Hebrew, the Five Books of Moses.
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yeshiva
Pronounced: yuh-SHEE-vuh or yeh-shee-VAH, Origin: Hebrew, a traditional religious school, where students mainly study Jewish texts.
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