Milhemet reshut, a“permissive war” according to talmudic tradition required the assent of a court of twenty-three along with consultation of the Urim and Tumim has no modern parallel though the knesset could be considered as a substitute for a court of twentythree. Maimonides following the Talmud , understood the limits of these abstract discussions.” The power of the ruler to defend the nation or to meet emergencies was unquestioned. All governments must possess room for discretion in their conduct especially of military and foreign affairs. Milhemet reshut provides that when redefined, if it is to serve a modern useful purpose.
It is in the category of milhemet reshut that has brought problems to the Israeli Defense Forces . Soldiers who served without protest in the defense of Israel , were unwilling to engage, in what they considered an offensive war, as with Lebanon in 2003. This continues to be debated in the hesder yeshivot, which may have unacceptable results. The Israeli soldier, like all citizens, of course has the opportunity to express his views through the ballot, but not on the field of combat.
MILITARY LAW AND CONDUCT
Israeli military law has largely followed international codes of conduct which have been incorporated into its system. These have been integrated along with specific Israeli legislation and Jewish traditions as interpreted by the Israeli courts and the military tribunals.
Jewish tradition provides virtually no details except the conscription statements of Deuteronomy along with the few others. These became the object of academic discourses unrelated to real life Situations.’ This meant that every aspect of the soldier’s governance had to be created anew. Some standards for religious ritual and relationships with fellow soldiers have been developed by Israeli military chaplains under the guidance of Rabbi Goren , the chief chaplain . These provide guidance, not governance for the individual’s personal life. Clear and direct statements which deal with conduct during hostilities, the treatment of enemy personnel, dealing with Civilians in hostile territories, etc. were needed and provided by the general code of conduct.