Now You Know The Rest Of The Story..........
The Torah Matzav
Tuesday, December 27, 2022
Drafting Yeshiva Bachurim
Parshas Hashavua ויגש
רק אדמת הכהנים לבדם לא היתה לפרעה Drafting Yeshiva Bachurim
In the times of the Chasam
Sofer, Governments imposed quotas on the community to supply them young men for
the military. It was the community's
responsibility to supply a set amount of young
men to the draft.
The selection of who to
or not to be drafted were in the hands of the
Officially they would enter all
the names in a גורל (lottery) and pull
out the lucky ones who would be exempt.
Historically there was a lot
of corruption in the selection
process. Terrible injustices were done against the poor and the
defenseless. The Chasam
Sofer (Shu"t 6:29) writes that many גדולי ישראל had no choice in the matter and had
to keep their eyes closed.
The Chasam Sofer rules " Since the
law of the land is for the community to supply
the army with young men. we have the rule of דינא דמלכותא דינא
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 treated equally and their names entered in the גורל.
Those who send the secular Yidden to the army by not
placing them in the lottery and giving them a fair chance
are גונבי נפש ומכרו (kidnappers)
The only exception, are
the Yeshiva Bachurim. Since they are exempt מדין תורה
from serving in the army (based on the Gemoro Bava Basra
8a.) therefore even if there is no specific
exemption from the government we exempt them
The Chazon Ish (Bava Basra 7b*) writes that the exemption of רבנן (Yeshiva Bachurim) is
only applicable when there are others available to serve.
If however, all are רבנן then the rule of אין סומכין על הנסapplies and
Yeshiva Bachurim need to be drafted.