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
community leaders.
Officially they would enter all
the names in a 讙讜专诇 (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 讙讚讜诇讬 讬砖专讗诇
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 讚讬谞讗 讚诪诇讻讜转讗 讚讬谞讗
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 讙讜专诇.
Those who send the secular Yidden to the army by not
placing them in the lottery and giving them a fair chance
are 讙讜谞讘讬 谞驻砖 讜诪讻专讜 (kidnappers)
The only exception, are the Yeshiva Bachurim. Since they are exempt 诪讚讬谉 转讜专讛
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
automatically".
The Chazon Ish (Bava Basra 7b*) writes that the exemption of 专讘谞谉 (Yeshiva Bachurim) is
only applicable when there are others available to serve. If
however, all are 专讘谞谉 then the rule of 讗讬谉 住讜诪讻讬谉
注诇 讛谞住applies and
even
Yeshiva Bachurim need to be drafted.
* printed in Ch.
Mishpat Siman 5
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