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 community leaders. 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 automatically".  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 הנס applies and even  Yeshiva Bachurim need to be drafted. * printed in Ch. Mishpat Siman 5