Walter Jacob

Moses Schreiber(Hatam Sofer 1762-1839) reacted to conscription by trying to free a number of boys from such service, but without success. In a responsum he concluded that some form of purchasing out, if it did not involve another individual, was permitted though under the government rules unlikely. Military service was mandatory under the rubric of dina d’'malkhuta dina; the obligation rested upon each individual and so should be solved individually and not by the community as a whole. The Gentile ruler who had ultimate power had to be obeyed. Hatam Sofer suggested that God used such rulers to punish the Jewish people for their misdeeds. He, however, continued by stating that some rabbinic authorities tried to limit a ruler’s jurisdiction to“legitimate demands.” Therefore outrageous financial imposts could be opposed and circumvented in any way (citing Solomon B. Adret and Meir Rothenburg). Sofer , however, considered military service as legitimate urged that it be accepted. He along with others suggested that a system of lots represented a fair way to solve the problem for the communal leaders who were responsible for the quota.*® The German scholars, David Hoffman (1843-1921) also felt that such service was the obligation of all citizens and went further by stating that individuals should not seek even a temporary deferment or non military service.’

The question of payment to the government in lieu of military service continued to be pursued. Some local authorities were willing to accept it. This raised the issue whether communal funds could be used as such payment could be seen as akin to the redemption of captives; traditionally that took precedence over any other use of tzedakah funds.** Hiring a substitute which seems to have been common in Russia was acceptable to Meir Eisenstadt as stated in his Imrei Esh.** However there was general agreement that after a person had been drafted, he was not permitted to seek a substitute.” Once in the army, the recruit was obliged to obey all commands even if given on shabbat. By World War I rabbinic authorities such as Moses Samuel Glassner of Klosenburg argued sharply that every conscript had to serve and any attempt to escape the obligation was immoral. Israel Meir Hakohen(Hofetz Hayyim) considered it sinful to evade military service.”’ Military service should no longer be seen as dina demalhuta dina, i.e. as forced, but as a sacred obligation of citizenship.” Eliezer Waldenberg (1915-2006) much later stated that it was permissible to volunteer for military service despite the