(ד) צָרוֹר אֶת הַמִּדְיָנִים, לָמָּה (במדבר כה, יח): כִּי צֹרְרִים הֵם לָכֶם, מִכָּן אָמְרוּ חֲכָמִים בָּא לְהָרְגֶּךָ הַשְׁכֵּם לְהָרְגוֹ.
(4) "Assail the Midianites" - Why? "For they assailed you" (Numbers 25:18). From here the sages said, 'rise and kill the one who comes to kill you.'
(1) When you take the field against your enemies, and see horses and chariots—forces larger than yours—have no fear of them, for the Eternal your God, who brought you from the land of Egypt, is with you. (2) Before you join battle, the priest shall come forward and address the troops. (3) He shall say to them, “Hear, O Israel! You are about to join battle with your enemy. Let not your courage falter. Do not be in fear, or in panic, or in dread of them. (4) For it is the Eternal your God who marches with you to do battle for you against your enemy, to bring you victory.” (5) Then the officials shall address the troops, as follows: “Is there anyone who has built a new house but has not dedicated it? Let him go back to his home, lest he die in battle and another dedicate it. (6) Is there anyone who has planted a vineyard but has never harvested it? Let him go back to his home, lest he die in battle and another harvest it. (7) Is there anyone who has paid the bride-price for a wife, but who has not yet married her? Let him go back to his home, lest he die in battle and another marry her.” (8) The officials shall go on addressing the troops and say, “Is there anyone afraid and disheartened? Let him go back to his home, lest the courage of his comrades flag like his.”
In order for an army to be effective, it must be lethal. How do the preceding passages guarantee this?
The following passages state that even though "war is hell," soldiers are still responsible for a certain degree of ethical conduct:
(יג) כָּל הַיָּכוֹל לְהַצִּיל בְּאֵיבָר מֵאֵיבָרָיו וְלֹא טָרַח בְּכָךְ אֶלָּא הִצִּיל בְּנַפְשׁוֹ שֶׁל רוֹדֵף וַהֲרָגוֹ הֲרֵי זֶה שׁוֹפֵךְ דָּמִים וְחַיָּב מִיתָה אֲבָל אֵין בֵּית דִּין מְמִיתִין אוֹתוֹ:
If one is able to save the victim at the cost of only a limb of the pursuer and does not take the trouble to do so but saves the victim at the cost of the pursuer's life, he is deemed a shedder of blood, and he deserves to be put to death. He may not, however, be put to death by the court.
(ח) אֵין קוֹצְצִין אִילָנֵי מַאֲכָל שֶׁחוּץ לַמְּדִינָה וְאֵין מוֹנְעִין מֵהֶם אַמַּת הַמַּיִם כְּדֵי שֶׁיִּיבְשׁוּ. שֶׁנֶּאֱמַר (דברים כ, יט) "לֹא תַשְׁחִית אֶת עֵצָהּ". וְכָל הַקּוֹצֵץ לוֹקֶה. וְלֹא בְּמָצוֹר בִּלְבַד אֶלָּא בְּכָל מָקוֹם כָּל הַקּוֹצֵץ אִילַן מַאֲכָל דֶּרֶךְ הַשְׁחָתָה לוֹקֶה. אֲבָל קוֹצְצִין אוֹתוֹ אִם הָיָה מַזִּיק אִילָנוֹת אֲחֵרִים. אוֹ מִפְּנֵי שֶׁמַּזִּיק בִּשְׂדֵה אֲחֵרִים. אוֹ מִפְּנֵי שֶׁדָּמָיו יְקָרִים. לֹא אָסְרָה תּוֹרָה אֶלָּא דֶּרֶךְ הַשְׁחָתָה:
(8) Fruit-bearing trees must not be cut down outside of the city43Under siege in order to pain them. nor do we block their irrigation water causing the trees to dry up, as it says, “do not destroy her trees” (Deut. 20:19). Anyone who cuts down a tree receives lashes. This is not only at times of a siege, but anyone at anytime who chops down a fruit-bearing tree by for destructive purposes receives stripes. The tree may be cut down if it is damaging other trees or it is damaging another’s field, or because the tree is more valuable for its wood than its fruit. The Torah only forbids wanton destruction.
(10) When you take the field against your enemies, and the Eternal your God delivers them into your power and you take some of them captive, (11) and you see among the captives a beautiful woman and you desire her and would take her to wife, (12) you shall bring her into your house, and she shall trim her hair, pare her nails, (13) and discard her captive’s garb. She shall spend a month’s time in your house lamenting her father and mother; after that you may come to her and possess her, and she shall be your wife.
What limits does the Torah put on a soldier's conduct from the preceding three passages?
Jewish law codified the principles proportionality, not causing needless destruction, and human rights:
(י) כָּל אֵלּוּ הַדְּבָרִים לְפִי מַה שֶּׁיִּרְאֶה הַדַּיָּן שֶׁזֶּה רָאוּי לְכָךְ וְשֶׁהַשָּׁעָה צְרִיכָה. וּבַכּל יִהְיוּ מַעֲשָׂיו לְשֵׁם שָׁמַיִם וְאַל יִהְיֶה כְּבוֹד הַבְּרִיּוֹת קַל בְּעֵינָיו שֶׁהֲרֵי הוּא דּוֹחֶה אֶת לֹא תַּעֲשֶׂה שֶׁל דִּבְרֵיהֶם וְכָל שֶׁכֵּן כְּבוֹד בְּנֵי אַבְרָהָם יִצְחָק וְיַעֲקֹב הַמַּחֲזִיקִין בְּתוֹרַת הָאֱמֶת שֶׁיִּהְיֶה זָהִיר שֶׁלֹּא יַהֲרֹס כְּבוֹדָם אֶלָּא לְהוֹסִיף בִּכְבוֹד הַמָּקוֹם בִּלְבַד שֶׁכָּל הַמְבַזֶּה אֶת הַתּוֹרָה גּוּפוֹ מְחֻלָּל עַל הַבְּרִיּוֹת וְהַמְכַבֵּד אֶת הַתּוֹרָה גּוּפוֹ מְכֻבָּד עַל הַבְּרִיּוֹת. וְאֵין כְּבוֹד הַתּוֹרָה אֶלָּא לַעֲשׂוֹת עַל פִּי חֻקֶּיהָ וּמִשְׁפָּטֶיהָ:
Whatever [the judge] does should be for the sake of Heaven, and human dignity should not be light in his eyes... He should be careful not to do anything to injure their dignity. His sole concern should be to enhance the glory of God, for whoever dishonors the Torah is himself dishonored by men, and whoever honors the Torah is himself honored by men. To honor the Torah means to follow its statutes and laws.
(יג) ומיהו צריך אומד אם היה יכול להציל עצמו בחבלה מועטת וחבל בו הרבה חייב
You are allowed to defend yourself, but the response must be measured; where it is possible to use moderate means but he chooses to inflict serious injury, he is guilty.
Today, the following is given to every Israeli soldier about upholding proper conduct:
The IDF Spirit
The Israel Defense Forces are the state of Israel’s military force. The IDF is subordinate to the directions of the democratic civilian authorities and the laws of the state. The goal of the IDF is to protect the existence of the State of Israel and her independence, and to thwart all enemy efforts to disrupt the normal way of life in Israel. IDF soldiers are obligated to fight, to dedicate all their strength and even sacrifice their lives in order to protect the State of Israel, her citizens and residents. IDF soldiers will operate according to the IDF values and orders, while adhering to the laws of the state and norms of human dignity, and honoring the values of the State of Israel as a Jewish and democratic state.
Spirit of the IDF – Definition and Origins
The Spirit of the IDF is the identity card of the IDF values, which should stand as the foundation of all of the activities of every IDF soldier, on regular or reserve duty. The Spirit of the IDF and the guidelines of operation resulting from it are the ethical code of the IDF. The Spirit of the IDF will be applied by the IDF, its soldiers, its officers, its units and corps to shape their mode of action. They will behave, educate and evaluate themselves and others according to the Spirit of the IDF.
The Spirit of the IDF draws on four sources:
The tradition of the IDF and its military heritage as the Israel Defense Forces.
The tradition of the State of Israel, its democratic principles, laws and institutions.
The tradition of the Jewish People throughout their history.
Universal moral values based on the value and dignity of human life.
Basic Values:
Defense of the State, its Citizens and its Residents – The IDF’s goal is to defend the existence of the State of Israel, its independence and the security of the citizens and residents of the state.
Love of the Homeland and Loyalty to the Country – At the core of service in the IDF stand the love of the homeland and the commitment and devotion to the State of Israel-a democratic state that serves as a national home for the Jewish People-its citizens and residents.
Human Dignity – The IDF and its soldiers are obligated to protect human dignity. Every human being is of value regardless of his or her origin, religion, nationality, gender, status or position.
The Values:
Tenacity of Purpose in Performing Missions and Drive to Victory – The IDF servicemen and women will fight and conduct themselves with courage in the face of all dangers and obstacles; They will persevere in their missions resolutely and thoughtfully even to the point of endangering their lives.
Responsibility – The IDF serviceman or woman will see themselves as active participants in the defense of the state, its citizens and residents. They will carry out their duties at all times with initiative, involvement and diligence with common sense and within the framework of their authority, while prepared to bear responsibility for their conduct.
Credibility – The IDF servicemen and women shall present things objectively, completely and precisely, in planning, performing and reporting. They will act in such a manner that their peers and commanders can rely upon them in performing their tasks.
Personal Example – The IDF servicemen and women will comport themselves as required of them, and will demand of themselves as they demand of others, out of recognition of their ability and responsibility within the military and without to serve as a deserving role model.
Human Life – The IDF servicemen and women will act in a judicious and safe manner in all they do, out of recognition of the supreme value of human life. During combat they will endanger themselves and their comrades only to the extent required to carry out their mission.
Purity of Arms – The IDF servicemen and women will use their weapons and force only for the purpose of their mission, only to the necessary extent and will maintain their humanity even during combat. IDF soldiers will not use their weapons and force to harm human beings who are not combatants or prisoners of war, and will do all in their power to avoid causing harm to their lives, bodies, dignity and property.
Professionalism – The IDF servicemen and women will acquire the professional knowledge and skills required to perform their tasks, and will implement them while striving continuously to perfect their personal and collective achievements.
Discipline – The IDF servicemen and women will strive to the best of their ability to fully and successfully complete all that is required of them according to orders and their spirit. IDF soldiers will be meticulous in giving only lawful orders, and shall refrain from obeying blatantly illegal orders.
Comradeship – The IDF servicemen and women will act out of fraternity and devotion to their comrades, and will always go to their assistance when they need their help or depend on them, despite any danger or difficulty, even to the point of risking their lives.
Sense of Mission – The IDF soldiers view their service in the IDF as a mission; They will be ready to give their all in order to defend the state, its citizens and residents. This is due to the fact that they are representatives of the IDF who act on the basis and in the framework of the authority given to them in accordance with IDF orders.