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'''Voluntary war''' ([[Hebrew language|Hebrew:]] {{Script/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.<ref>{{Harvnb|HaLevi|1958|p=318 (section no, 526)}}, P. ''Shofṭīm''</ref> 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, 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 [[Sanhedrin]], consisting of no less than seventy-one judges.<ref>[[Babylonian Talmud]], ''[[Sanhedrin (tractate)|Sanhedrin]]'' 2a (corresponding to [[Mishnah]], ''Sanhedrin'' 1:5)</ref> A voluntary war is also to be distinguished from a [[Milkhemet Mitzvah|religious war]], insofar that a religious war concerns the conquest of the land of Canaan by [[Joshua]]. |
'''Voluntary war''' ([[Hebrew language|Hebrew:]] {{Script/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.<ref>{{Harvnb|HaLevi|1958|p=318 (section no, 526)}}, P. ''Shofṭīm''</ref> 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, 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 [[Sanhedrin]], consisting of no less than seventy-one judges.<ref>[[Babylonian Talmud]], ''[[Sanhedrin (tractate)|Sanhedrin]]'' 2a (corresponding to [[Mishnah]], ''Sanhedrin'' 1:5)</ref> A voluntary war is also to be distinguished from a [[Milkhemet Mitzvah|religious war]], insofar that a religious war concerns the conquest of the land of Canaan by [[Joshua]]. |
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==Rules of conduct== |
==Rules of conduct== |
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A voluntary war is bound by certain legal restraints and restrictions, inasmuch as it is prohibited by [[halakha]] to wage a voluntary war on the [[Shabbat|Sabbath day]], unless it be to save life.<ref>{{Harvnb|Soloveichik|1982|pp=179-180}}</ref> 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,<ref>{{Harvnb|Soloveichik|1982|p=181}}</ref> and it is incumbent upon Israel to offer the besieged conditions of capitulation, such as the guarantee of their lives being spared if they agree to be put under tribute and servitude to the Jewish nation.<ref>{{Harvnb|Nahmanides|1993|p=80}}, Deuteronomy 20:10, s.v. {{Script/Hebrew|כי תקרב אל עיר להלחם עליה}}</ref> |
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 [[Shabbat|Sabbath day]], unless it be to save life.<ref>{{Harvnb|Soloveichik|1982|pp=179-180}}</ref> 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,<ref>{{Harvnb|Soloveichik|1982|p=181}}</ref> and it is incumbent upon Israel to offer the besieged conditions of capitulation, such as the guarantee of their lives being spared if they agree to be put under tribute and servitude to the Jewish nation.<ref>{{Harvnb|Nahmanides|1993|p=80}}, Deuteronomy 20:10, s.v. {{Script/Hebrew|כי תקרב אל עיר להלחם עליה}}</ref> |
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==References== |
==References== |
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Revision as of 22:07, 16 April 2024
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] 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, 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 Sanhedrin, consisting of no less than seventy-one judges.[2] 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.[3] 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,[4] and it is incumbent upon Israel to offer the besieged conditions of capitulation, such as the guarantee of their lives being spared if they agree to be put under tribute and servitude to the Jewish nation.[5]
References
- ^ HaLevi 1958, p. 318 (section no, 526), P. Shofṭīm
- ^ Babylonian Talmud, Sanhedrin 2a (corresponding to Mishnah, Sanhedrin 1:5)
- ^ Soloveichik 1982, pp. 179–180
- ^ Soloveichik 1982, p. 181
- ^ Nahmanides 1993, p. 80, Deuteronomy 20:10, s.v. כי תקרב אל עיר להלחם עליה
Bibliography
- HaLevi, Aharon (1958). Sefer ha-Chinuch on the 613 biblical commandments (in Hebrew). Jerusalem: Eshkol. OCLC 762447043.
- Kimelman, Reuven (2023). "Judaism and the Ethics of War". The Cambridge Companion to Religion and War. ResearchGate. pp. 215–240. doi:10.1017/9781108884075.013.
- Nahmanides, Moses (1993). Nahmanides' Commentary on the Torah (in Hebrew). Vol. 2. Jerusalem: A. Blum. OCLC 233074002.
- Soloveichik, Aaron (1982). "Waging War on Shabbat". Tradition: A Journal of Orthodox Jewish Thought. 20 (3). Rabbinical Council of America (RCA): 179–187. JSTOR 23260746.