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Voluntary war (Hebrew: מלחמת הרשות‎; milḥemet ha-reshūt), sometimes called a discretionary war, optional war, a non-obligatory war, or a war of free choice, is a technical term found in Hebrew classical literature and denoting a war that is waged of free choice by Israel, only at such a time when the people of Israel are settled in their ancestral homeland.[1][2] Such a war is to be distinguished from a mandatory war, in that a voluntary war is not fought for national survival, but rather for personal ambitions of the country's ruler. This might include personal enmity with another state, or a desire to show the country's military prowess as a means to deter potential aggressors, or to expand the territorial domain of the country. Such a war cannot be waged without either the command of a king, or the approbation of the Great Sanhedrin, consisting of no less than seventy-one judges.[3] A voluntary war is also to be distinguished from a religious war, insofar that a religious war concerns the conquest of the land of Canaan by Joshua.

Rules of conduct

A voluntary war is bound by certain legal restraints and restrictions (

jus in bello), inasmuch as it is prohibited by halakha to wage a voluntary war on the Sabbath day, unless it be to save life.[4] Moreover, in a war waged of free choice, whenever Israel lays siege to a city belonging to the enemy, the siege must be initiated at least three days before the start of the Sabbath,[5] and it is incumbent upon Israel to offer the besieged conditions of capitulation (peace), such as the guarantee of their lives being spared if they agree to be put under tribute and servitude to the Jewish nation.[6][7] For this, embassages and heralds are sent to them who make themselves voluntary enemies to the nation of Israel.[8]

In a voluntary war, not all able-bodied men are conscripted to fight, as there are certain exemptions outlined explicitly in the Torah, namely:

  1. 'the one who built a house and did not dwell in it a year’s time'[9][8]
  2. he that 'planted a vineyard and did not partake of its fruit'
  3. the one who has 'betrothed a wife and has yet to perform his marital duty' on her[9]
  4. the one who is 'fearful and soft-hearted'.
  5. the one whose conscience bothers him because of having committed certain sins

References

  1. ^ HaLevi 1958, p. 318 (section no, 526), P. Shofṭīm
  2. ^ Josephus 1981, p. 101 (Antiquities 4.8.41.)
  3. Babylonian Talmud, Sanhedrin 2a (corresponding to Mishnah
    , Sanhedrin 1:5)
  4. ^ Soloveichik 1982, pp. 179–180
  5. ^ Soloveichik 1982, p. 181
  6. ^ Nahmanides 1993, p. 80, Deuteronomy 20:10, s.v. כי תקרב אל עיר להלחם עליה
  7. ^ Maimonides, Mishneh Torah (Hil. Melekhim 6:1)
  8. ^ a b Josephus 1981, p. 101 (Antiquities 4.8.41.)
  9. ^ a b Tosephta 1970, p. 309 (Soṭah 7:20)

Bibliography

  • OCLC 762447043
    .
  • .
  • Kimelman, Reuven (2023). "Judaism and the Ethics of War". The Cambridge Companion to Religion and War. ResearchGate. pp. 215–240. .
  • .
  • .
  • . (first printed in Berlin 1899)