Selected Responsa 153

Now let us view the entire matter in the framework of our lives in a modern secular state to which we have pledged our support. Here the simple statement of dina demalkhuta dina(the law of the state is law) guides us. When the question of military service by Jews in the armies of secular states arose in early nineteenth century Europe , this principle was invoked. Jews served in numerous armies including those of lands which oppressed us as Russia . In the lands of western Europe , young Jews volunteered enthusiastically with the hopes of demonstrating their absolute commitment to the modern nation state and receiving complete civil rights. In order to be part of the modern state we have accepted its obligations and laws.

It would be possible to question the entire theory of dinah demalkhuta dina and conclude that it does not include endangering one’s life for the demands of the state. However, such a selective reading is filled with peril. We know that the state enforces many laws which may endanger human life; it does so in its effort to seek equity and justice for all citizens.

Among modern nation states, only a few have made any provisions for conscientious objectors. The personal conscience was considered irrelevant when national security was at stake. Individuals who refused to do military service were simply punished for evading the law of general conscription. The question was therefore not asked till modern America and some other nations which make provisions for conscientious objectors.

We have looked at this question from a broader point of view. However, the individual involved here is not opposed to war generally as otherwise he would not be part of a military reserve unit.

¢ may in fact have taken part in another war, so the question 1s Whether an individual can object to a particular war. The Jewish tradition would deny that right as well as the general right to object to any and all wars under the rubric dina demalhutah dina(the law of the land is the law). The individual may find other grounds for this Objection, but there is no basis for them in the J ewish tradition. The aws of the United States permit possible exemption to those who totally object to war and does so on various grounds, but not to Selective conscientious objectors.