We are all aware of the current difficult situation in Israel. The Israeli government has decided to evacuate certain Jewish towns in Yesha. Some of the residents are refusing to go. The IDF has orders to remove those who refuse, thus pitting Jew against Jew. On June 28, one soldier, Corporal Avi Bieber, has already refused to carry out evacuation-related orders, and the situation seems to be escalating.
I am not an Israeli and I usually refrain from commenting on the specifics of Israeli politics. But it does appear that a condition such as this, in which the IDF is forced to confront Jewish citizens, is both new and very dangerous. I would therefore like to share some of my thoughts in the hopes that this will help ease the situation.
Part of the opposition to the removal of the Yesha towns is on religious grounds. Some religious leaders tell us that such action is forbidden by the Torah. For example, Rabbi Mordechai Eliyahu, former Chief Sephardic Rabbi, has said that (1) the evacuation is forbidden by the Torah; (2) it is absolutely forbidden to actively help in the evacuation; and (3) soldiers and policemen should disobey evacuation-related orders. There are other examples of such religious rulings.
In this article, I would like to specifically address this religious objection. I am all for a Jewish Israel. Because of this, I do sympathize with the residents of Yesha. And also because of this, I do believe that Torah should be followed, regardless of our emotions, and especially in difficult times such as this.
1. There is a close relationship between Judaism and the Land of Israel. At the same time, there is no Torah law that forbids relinquishing a portion of the Land. What's more, such a law would be impossible as it would preclude falling back during battle, which would only lead to destruction. We know that in Biblical times, the precise borders of Israel varied with time. Yet the leaders of Israel were never criticized on account of relinquishing land. In a recent speech, three leading Yeshiva University rabbis agreed that nothing in the Torah law forbids the evacuations; these were Rabbis Dr. Norman Lamm, Zevulun Charlop, and Yosef Blau.
2. The evacuation of Jewish towns is a serious controversy, with some arguing for it and some against it. What does the Torah say we should do during such a controversy? It says (with my emphases added in bold)
If a case is too baffling for you to decide, be it a controversy over homicide, civil law, or assault — matters of dispute in your courts — you shall promptly repair to the place that the Lord your God will have chosen, and appear before the levitical priests, or the magistrate [ha-shofet - השפט] in charge at the time, and present your problem. When they have announced to you the verdict in the case, you shall carry out the verdict that is announced to you from that place that the Lord chose, observing scrupulously all their instructions to you. You shall act in accordance with the instructions given you and the ruling handed down to you; you must not deviate from the verdict that they announce to you either to the right or to the left. Should a man act presumptuously and disregard the priest charged with serving there the Lord your God, or the magistrate [ha-shofet], that man shall die. Thus you will sweep out evil from Israel: all the people will hear and be afraid and will not act presumptuously again. (Deuteronomy 17:8-13)
Torah says that if a case is too baffling, such as this case in which it is not clear how to best proceed in the current phase of the Arab-Israeli conflict, the proper thing for the citizens of Israel to do is to carry out whatever decision the Government of Israel makes. Period. The place that God "will have chosen" is Jerusalem, the seat of the Israeli Government. The word translated here as "the magistrate" is ha-shofet - השפט. This word denotes a leader with real physical power — a chieftain or a ruler. For example, the leaders described in the Book of Judges are called by this word. Thus, in modern terminology, ha-shofet is the government.
From this we see that in a controversial situation, whatever decision the Government of Israel makes, the citizens of Israel must obey. One may argue that this is only true as long as the decision is not contrary to Torah law, but as I have explained above, in this particular case, this is not an issue. The verses following this law stress just how important the law is. In fact, it even says that those who disobey it are liable to the death penalty. Of course, I am not advocating that anyone be hurt in any way in this matter. But the liability to the death penalty stresses just how important it is to follow this law.
3. The Government of Israel has made a decision on the matter of evacuating the towns. According to the above Torah law, it is a crime to deviate from this decision. Yet, there are religious leaders who, while shrouding themselves in Torah, blatantly violate this law. They have called on residents of the towns to refuse to leave, in violation of the government's decision. They have also called on the soldiers and policemen to refuse to carry out direct orders.
Please note that I am not writing here against mere disagreement. On the contrary, public discourse and debate are essential in any society, especially on issues important to that society. But there is a line between disagreement and disobedience. The above law clearly states that disobedience to the government on a controversial matter cannot be tolerated.
I understand that the issue is very emotionally charged. That is why it is especially important for religious leaders to be unwavering in teaching what the Torah says. We must follow the Torah, not only when it is easy to do so, but also when it is difficult to do so, that we may thrive and increase, and that God may bless us in the Land (Deuteronomy 30:16). Instead, some of these leaders have chosen, for whatever reason, to counsel their followers to disobey the Torah on this important matter. This is an outrage. These religious leaders, by their disregard for the Torah, are partially responsible for the situation in which Jewish soldiers are forced to face Jewish civilians. They bemoan that "Jews do not expel Jews", yet they themselves have created the situation by encouraging people to disobey the Torah.
4. Finally, I do sincerely hope that the Arab-Israeli conflict will come to an end soon, with a secure and vital Jewish State as an outcome. I do believe that following the Torah, not just in private matters, but especially in public affairs, will help bring this about, speedily in our days.
References
- Arutz Sheva. (June 24, 2005) Rabbi Eliyahu: Police and Soldiers Must Say, "I Can't Do It".
- Arutz Sheva. (June 28, 2005) Footage of Corporal Avi Bieber Refusing Expulsion Orders Released.
- Arutz Sheva. (June 29, 2005) PM and Chabad Rabbis in a "Very Charged Meeting".
- Eitan Kastner. (March 29, 2005) Panel of Yeshiva Rabbis Say Disengagement Is Halachically Sound in The Commentator.