Does marriage take precedence over the military? |
Dedicated
in Memory of my grandmother, Reva Margolin z”l on her 26th Yahrzheit In Parhsat Ki Tetze (Dvarim 24:5) we are taught: When a man
marries a new wife, he shall not go out to the army, nor shall it obligate him
for any matter; he shall be free for his home for one year, and he shall
gladden his wife whom he has married. This reminds us
of the verses that were recited on the border of Eretz Yisrael that we read in
last week’s Parsha, Parshat Shoftim (Dvarim 20:5-7) about those who are
unqualified to fight: Who is the man
who has built a new house and has not inaugurated it? Let him go and return to
his house, lest he die in the war and another man will inaugurate it. And who
is the man who has planted a vineyard and not redeemed it? Let him go and
return to his house, lest he die in the war and another man will redeem it. And
who is the man who has betrothed a woman and not married her? Let him go and
return to his house, lest he die in war and another man will marry her. There is a difference between the case in Shoftim
where the couple is engaged and the case in Ki Tetze where the couple is already
married. As we see in the Talmud, Sotah 44a: The rabbis taught in a Braita: The verse in Ki Tetze
states “he shall not go out with the army.” It could be thought that it is with
the army that he does not go out, but he must go out to supply water and food
to the troops and he must go out to repair the roads for the passage of the
army. The Torah therefore states “nor shall [army service] be placed upon him
regarding any matter.” This teaches that the army has no claim on the groom
who is within his first year of marriage whatsoever, not even for rear-echelon
duties. Unlike the man who betrothed a woman but did not marry her yet, the man
who built a home and did not yet inaugurate it or a man who planted a vineyard
and did not redeem it yet. Those three categories would still be obligated in
going out to perform the rear-echelon duties. The Mishna, Sotah 44b states: The cases above, where
the man would be exempt from fighting in the war all refer to a “milchemet
reshut”, a voluntary war. However, in the case of a “milchemet mitzvah”, an
obligatory war, all go out, even a bridegroom from his chamber and a bride from
her chuppa. The wars fought in Israel today fall under the
category of “milchemet mitzvah”, obligatory wars (as described by the Rambam in
Hilchot Melachim 5:1) since we are conquering the Land of Israel, protecting it
and saving Israel from the enemy. Therefore, the groom would be obligated to go
to war and according to some opinions even the bride, if not to fight, then to
supply food and water to the soldiers. During the last war in Israel, “Shmorei HaChomot,”
there was at least one case of a bride and groom who had just gotten married
that went directly to serve in the army. This is the reality that we live with. May the time come when we will have true peace in
Israel and will no longer have to send our brides and grooms out to fight. |