Friday, April 1, 2016

Yeshiva Bachurim & the army-What Did The Chasam Sofer Hold ?

Daf Hashavua
Kidushin  20 b

הואיל והלך זה ונעשה כומר לע"ז אימא לידחי

אבן אחר הנופל ת"ל אחרי נמכר גאולה תהיה לו

In the times of the Chasam Sofer , Governments 
used to impose  quotas on   the community.
to supply them with  young men for the military.

The selection of who to be or not to be drafted
were in the hands of the community leaders.

Historically there was a lot of corruption in selecting
who not to be drafted.

The Chasam Sofer (Shu"t 6:29) writes " Since the law 
of the land is for the community to supply the army 
with young  men. we have the rule of דינא דמלכותא 
and Halachically everybody is equally responsible
to serve.
We may not  give favoritism to some over others.Even
the lowlifes and non Frum Mechallei Shabbos etc.must
be given equality. Everybody Frum &
non Frum rich & poor  etc. are all
to be placed in the same  Goirol. (lottery) 

The Gemoro says that even if someone sells himself as 
a slave to the Avoda Zara we are obligated to redeem him
so for sure we can not send him to the Goyim (unless
his name came up in the Goirol.)

The only one exception are the Yeshiva Bachurim who
are exempt Midin Torah  from serving in the army.
(based on Bava Basra 8a )

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