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 )