Abstract
It is too often thought in our world today that religion is the cause of violence, hatred and conflict that surrounds us in our contemporary reality and certainly throughout history. Contrary to this conventionally held belief that religion and violence go hand in hand, there are very few foundational religious texts and teachings that actually promote violence. This is certainly true of the Jewish Bible.
There are three types of conflict that are indicated in Jewish sources, but these conflicts are only to be initiated once all other attempts have been exhausted. Avoiding war is consistent with the most foundational beliefs of protecting all life and not endangering others, and Jewish Law is therefore quite clear about the limited context in which war should be initiated.
In this chapter, I will examine various teachings of Jewish texts regarding acting to avoid war and national conflict (going back to Lot and Avraham), conditions under which war must be fought (Book of Joshua and other texts) and avoiding of violent means even when conflicts must be addressed.
This is a preview of subscription content, log in via an institution to check access.
Access this chapter
Tax calculation will be finalised at checkout
Purchases are for personal use only
Similar content being viewed by others
Notes
- 1.
Many books have been written on this topic about perspective, what we think our faith entitles us to do and how this is potentially problematic. Two good sources are Kimball, Charles, When Religion Becomes Evil, United States: Harper-Collins Publisher, 2002; and Hirschfield, Brad, You Don’t Have To Be Wrong For Me To Be Right, United States: Harmony Books, 2007. It is duly noted that because of such extremist rhetoric and vitriolic in our world today, this makes having the discussion intended here, that of developing a sense of ethic and practice regarding war from the actual Jewish texts of instruction all that is more difficult, often causing many to see such discussion as naive or too idealistic, void of any sense of reality.
- 2.
The injunction to destroy Amalek is based on their own actions, perceived as evil and stated in Deuteronomy 25: 17–18 as follows “[Amalek] met thee by the way, and smote the hindmost of thee, all that were enfeebled in thy rear, when thou wast faint and weary; and he feared not God.” Definitions of evil and its place in the Jewish narrative, the psyche of the Jewish nation and the notion that we do not know who Amalek is at various points in our historical journey clearly point to an even more difficult and protracted process of understanding exactly what is allowed in Jewish texts and how it is applicable today as well as who makes that determination. Simply for someone to say “X is Amalek” is neither validated nor permitted in adherence to the Jewish texts, in letter or spirit. Further, the Israelite nation is constantly warned to not devolve into such a position in repeated prophetic admonishments, including those from Jeremiah, Isaiah, Amos and others.
- 3.
All translations of texts in the original Hebrew included here are my own and any mistakes are my own as well. In translating texts of Tanach, Talmud and other sources, I strive to maintain both the content and the context of the words, while sharing them in a linguistic form that will make sense to the reader and remove any misunderstandings due to the limits of language as generally confronted. The main frame used for text resources from the Jewish Bible (Tanach) come from a variety of sources, including mostly http://mechon-mamre.org and Scherman, Rabbi Nosson, edit., The Stone Edition: The Tanach (New York: Mesorah Publications, Third Impression, 2000). Additionally, note that this quote comes from both Isiah and Micah, while its spirit is conveyed by other prophets as well. Finally, taking quoted texts out of context is always potentially problematic; texts chosen here speak to the issue at hand only. For example, the surrounding text of this particular verse speaks to Messianic times when order shall be maintained according to Divine Plan. This is part of that plan, as well as a hope for us to aspire to within our own reality.
- 4.
Talmudic (both Mishneh and Gemara) resources are referenced in the body of the paper generally. Translations of all texts from the original Hebrew and Aramaic included here are my own and any mistakes are my own as well. I strive to maintain both the content and the context of the words, while sharing them in a linguistic form that will make sense to the reader and remove any misunderstandings due to the limits of language as generally confronted. All references here are from the Babylonian Talmud, as indicated by the letters BT or an original Hebrew text of the Mishneh. The format of the Daf Vilna is what is followed in noting pagination and the text used is the Schottenstein Edition of the Babylonian Talmud (New York: Mesorah Publications, Ltd., 1983 ff.)
- 5.
This is a theme that is developed and emphasized often in Jewish texts and in the commentators, who respond to the meanings of these texts. Each life is supremely valuable and represents so much more than that singular being. This foundational element clearly informs the approach to the necessity of war and conflict as explored in this paper.
- 6.
Arye Edrei, “Divine Spirit and Power: Rabbi Shlomo Goren and the Military Ethic of the Israel Defense Force,” in Theoretical Inquiries L 253, 273 (Jerusalem: 2006). This can be found at paperity.org/.../defining-and-defending-borders-just-and-legal-wars-in-jewish-thought… A Rodef Chayim is one who puts the lives of others in immediate jeopardy and it is a matter of saving one’s life or being killed. This is very specific and various criteria must be met to qualify for this level of threat.
- 7.
Dorff, Elliott M, The Peace and Violence of Judaism: From The Bible To Modern Zionism, (United States: University Press of America, 1991), 247–94; found at https://epdf.tips/.../the-peace-and-violence-of-judaism-from-the-bible-to-modern-zionis... In this essay, Dorff explores the ethics of using arms and that there is an accepted way to use them sparingly and appropriately, the goal of the Israeli army.
- 8.
Claussen, Geoffrey, A Jewish Perspective on War, Scripture and Moral Reasoning, The Journal of Spiritual Reasoning, (Volume 17, No. 1, United States, August 2018). Claussen engages in a long discussion of the dangers of moral relativism whereby Meir Kahane’s point of view that all non-Jews should be expelled from Israel by any means is acceptable; whereas Jewish law and its parameters clearly does not sanction such a position nor its commensurate actions that would evolve from it. He discusses limits and boundaries which are to be honored as inherently bound by Torah teaching and Jewish law (Halacha) and the explicit need for its adherent to subscribe to a process of self-reckoning in doing so.
- 9.
Well beyond the scope of this limited examination is the concern over whose life takes precedence in situations when there is a risk to life. The cases of two hikers with one bottle of water which is only enough to save one of them and that when someone threatens to kill or harm you and the actions you are allowed to take are explored at length in Baba Metzia 62a. The use of such texts in formulating how one is to act in situations of immediate and threatening conflict provides a valuable example of how one extrapolates from general principles to fashion a code for war. There were reports during the Six Day War in 1967 of Israeli soldiers sending supplies over walls so that Arab/Palestinian families would be able to ride out the conflict. Again, the injunction to take care of those in distress is a general principle applied in an extreme situation existing due to war.
- 10.
Feinstein, Rabbi Moshe, Iggeret Moshe, Yoreh Deah 1: 184, (New York: Artscroll Publishers, c. 1995) Rabbi Feinstein (1895–1986) was born in Russia and emigrated to the United States and was a renowned scholar of Jewish ethics and texts, specializing in areas as vast as bio-medical ethics, end of life issues and behavior in warfare. He aptly explains the interconnectedness of different issues and concerns within the parameters of Jewish Law and how that law responds to potentially conflicting interests through its application. This further indicates that the discussion in this paper is not about politics or present Israeli governmental policies, but strictly to fashion an approach in seeking peace and delegitimization of violence.
- 11.
There is disagreement among Jewish scholars regarding whether the offering of peace is applicable in all types of wars, or just discretionary wars. This is further complicated by the notion that obligatory wars as defined below are quite specific and cannot be extrapolated for general terms. For a fuller discussion of this protracted difficulty, see Samet, Rav Elchanan, The Laws of War and the Torah’s Attitude Towards Warfare, Parshat HaShavua, Yeshivat Har Etzion.
- 12.
Bleich, Rabbi J. David, ‘Preemptive War in Jewish Law’ in Contemporary Halachic Problems, New York, Yeshiva University Press, 1977. Full treatment of these factors is offered by Rabbi Bleich, an authority on Jewish law and ethics, including Jewish medical ethics and the absolute injunction to save lives as well as the ramifications of the absence of a Sanhedrin or Jewish Court to adjudicate many of these matters.
- 13.
Samet, The Laws of War.
- 14.
For more discussion of the seven Noahide Commandments, see Purim and the Sin of Amalek, Harav Yehuda Amitai http://etzion.org.il/en/purim-and-sin-amalek Sicha on Purim, 1996. Among these are to recognize the Oneness of God, not to take a life and not to abuse others. Maimonides’ writings are found in Mishneh Torah LeHaRambam, Israel: Parnak, 1995.
- 15.
Note must be taken of other aspects of these instructions that are a reminder of the humanity of all including confirmation of who is conscripted, the different categories of war and which are obligatory and which are discretionary, not surrounding a besieged city on all sides so that those who wish may flee, those to whom peace should not be offered due to past situations in which the Jewish nation was tricked or dishonestly dealt with and so on. In all cases, these instructions are based on Torah sources, for a full reading, go to https://www.sefaria.org/Mishneh_Torah,_Kings_and_Wars
- 16.
Niditch, Susan, War in the Hebrew Bible, (Oxford University Press, New York, 1993), pp. 28–29. In the chapter on Herem in her book, Niditch looks at the ethical disconnect between foundational Jewish values of protection of life and what appears to be a practice on behalf of God that would be the absolute antithesis of this stated system. This is indeed the most difficult aspect of warfare in Jewish Law.
- 17.
It is acknowledged that while there is not universal agreement regarding these categories or the procedure of action in each of them, there is enough conventional acceptance of these delineations. See for example, Bleich, David, “Pre-emptive War in Jewish Law,” in Tradition: A Journal of Orthodox Jewish Thought, 1983, pp. 3–42, found at http://traditionarchive.org/news/article.cfm?id=104318
- 18.
Maimon, Moshe ben, “Laws of Kings and Wars” in Mishneh Torah, authored during the years of 1170 through 1180 CE. Rabbi Moshe ben Maimon is also referred to as Maimonides or Rambam.
- 19.
Sefer HaChinukh, thirteenth century, attributed to Rabbi Aharon HaLevi of Barcelona (1235–c. 1290).
- 20.
Samet, The Laws of War.
- 21.
A foundational teaching of Jewish Law is to never forget our humanity and what that demands of us even in the most potentially compromising of situations. We must note that there is an historical context here, namely a time when women did not have agency over themselves as we might expect today, albeit this is still not the case in too many places. The instruction here is that if a man wishes to take a captive (enemy) woman as his wife he must do so in an honorable way and not treat her poorly. This is remarkable in terms of both the historical context as well as the situational circumstances of this dynamic.
- 22.
Claussen, Geoffrey, A Jewish Perspective on War, Scripture and Moral Reasoning, The Journal of Spiritual Reasoning, (Volume 17, No. 1, United States, August 2018).
- 23.
Meir, Golda, A Land of Our Own – An Oral Autobiography edited by Marie Syrkin, New York, Putnam, 1973, p. 242.
- 24.
Goldfeder, Mark, Defining and Defending Borders; Just and Legal Wars in Jewish Thought and Practice, New York: Touro Law Review, 2014.
- 25.
Goren, Rabbi Shlomo, Meshiv Milhama I, Israel, p. 14. This is emblematic of Rabbi Goren’s quest for a spirit of cooperation and understanding. It should be parenthetically stated that there are many initiatives in Israel today, exemplifying this spirit of empathy and shared mission, protecting as many souls as possible and that this focus informs much of what happens in Israel.
- 26.
Shovrim Shtika is a non-government organization founded in 2004 by soldiers and members of the Israel Defense Force who felt that there was a need for more careful attention to avoidance of abuses in various IDF actions. Information about this organization can be found at www.breakingthesilence.org.il/
- 27.
Malet, Anat, “The Problem with Breaking the Silence,” The Times of Israel, May 8, 2015. Tzahal is the Hebrew acronym for IDF.
- 28.
A valuable example of these important discussions about the actual treatment of such “unlawful combatants not entitled to prisoner-of-war status” is articulated in Incarceration of Unlawful Combatants Law, 2002, to insure they are treated “in a manner conforming with the obligations of the State of Israel under the provisions of international humanitarian law.” www.hamoked.org/Document.aspx?dID=240
- 29.
Feldman, Noah, “Choices of Law, Choices of War,” from Harvard Journal of Law and Public Policy, Cambridge: Harvard University Press, 2002. For a fuller discussion, read Shlomo M. Brody’s “Does Jewish Law Allow Torture?”, Tablet Magazine, New York: December, 2014. Jewish law and its strict prohibition regarding “punitive torture” against criminals, including political dissidents or potential terrorists, are explored. Even “‘punitive interrogative torture,’ intended to secure critical information to prevent planned terrorist activity or other acts of violence, is forbidden as it deprives a person of their basic human dignity.” Balancing this with the obligation to save lives and avoiding desecration of God’s name is a serious ethical dilemma, continuing to create a great deal of angst in Israel today. Here, Feldman presents a schematic for determining what falls into the category of and characterizes war as well as terrorism , distinguishing the latter from war crimes. Terrorism is a specific entity that needs to be addressed as such according to Feldman and others, who wrote extensively about this need for delineation after 9/11.
- 30.
Englard, Rabbi Yehuda, Holy War, 2014 found at https://torahmitzion.org/learn/holy-war/ For another source to continue this discussion, read about Rabbi Yonatan Eibeshutz, Yarot Devash Drush 10, 1690–1764, at https://www.sefaria.org/person/Jonathan%20Eybeschutz. He amplifies the importance to “help one’s enemy, which is only proper according to human values and the principles of the Torah.”
- 31.
Sacks, Rabbi Lord Jonathan, “The Face of Evil” in Covenant and Conversation, BeShalach 5775, Jerusalem: Koren Publishers, 2015.
Bibliography
Amitai, Harav Yehuda. 1996. Purim and the Sin of Amalek, Sicha on Purim, Jerusalem, Israel. This writing can be found at http://etzion.org.il/en/purim-and-sin-amalek
Claussen, Geoffey. 2018. A Jewish Perspective on War, Scripture, and Moral Accounting. The Journal of Scriptural Reasoning, Virginia: University of Virginia, 17 (1), August.
David Bleich, Rabbi J. 1977. Preemptive War in Jewish Law. In Contemporary Halachic Problems. New York: Yeshiva University Press. This writing can be found at https://www.jstor.org/stable/23259450.
Dorff, Elliott M. 1991. The Peace and Violence of Judaism: From The Bible To Modern Zionism, 247–294. United States: University Press of America. California. This can be found at https://epdf.tips/.../the-peace-and-violence-of-judaism-from-the-bible-to-modern-zionis...
Englard, Rabbi Yehuda. 2014. Holy War. Found at https://torahmitzion.org/learn/holy-war/
Feinstein, Rabbi Moshe. c. 1995. Iggeret Moshe, Yoreh Deah 1: 184. New York: Artscroll Publishers.
Feldman, Noah. 2002. Choices of Law, Choices of War. Harvard Journal of Law and Public Policy. Cambridge: Harvard University Press. Available at: https://www.questia.com/library/journal/1G1.../choices-of-law-choices-of-war
Goldfeder, Mark. 2014. Defining and Defending Borders; Just and Legal Wars in Jewish Thought and Practice. Touro Law Review 30 (3): Article 8. Available at: http://digitalcommons.tourolaw.edu/lawreview/vol30/iss3/8
Hirschfield, Brad. 2007. You Don’t Have To Be Wrong For Me To Be Right. New York: Harmony Books.
Kimball, Charles. 2002. When Religion Becomes Evil. New York: Harper-Collins Publisher.
Mishneh Torah LeHaRambam. 1995. Israel: Parnak. [Hebrew Source].
Niditch, Susan. 1993. War in the Hebrew Bible. New York: Oxford University Press.
Sacks, Rabbi Lord Jonathan. 2015. The Face of Evil in Covenant and Conversation, BeShalach 5775, 26 January. Office of the Chief Rabbi of Great Britain. http://rabbisacks.org/face-evil-beshalach-5775/
Samet, Rav Elchanan. The Laws of War and the Torah’s Attitude Towards Warfare, Parshat HaShavua, Yeshivat Har Etzion. Available at: http://etzion.org.il/en/laws-war-and-torahs-attitude-towards-warfare, Yeshivat Har Etzion, 1997, Alon Shvut, Israel, 90433.
Scherman, Rabbi Nosson, ed. 2000. The Stone Edition: The Tanach. New York: Mesorah Publications. Third Impression.
Schottenstein Edition of the Babylonian Talmud. 1983. New York: Mesorah Publications, Ltd.
Sefer HaChinukh. 1958. Jerusalem: Eshkol.
Walzer, Michael.1992. The Idea of Holy War in Ancient Israel. The Journal of Religious Ethics 20 (2, Fall): 215–228. Great Britain: Blackwell Publishing, Inc.
Author information
Authors and Affiliations
Editor information
Editors and Affiliations
Rights and permissions
Copyright information
© 2021 The Author(s)
About this chapter
Cite this chapter
Epstein, S.S. (2021). The Conflict of War: Unresolved Challenges and Sentiments in Jewish Sources. In: Shafiq, M., Donlin-Smith, T. (eds) The (De)Legitimization of Violence in Sacred and Human Contexts. Palgrave Macmillan, Cham. https://doi.org/10.1007/978-3-030-51125-8_6
Download citation
DOI: https://doi.org/10.1007/978-3-030-51125-8_6
Published:
Publisher Name: Palgrave Macmillan, Cham
Print ISBN: 978-3-030-51124-1
Online ISBN: 978-3-030-51125-8
eBook Packages: Religion and PhilosophyPhilosophy and Religion (R0)