02 Apr THE RELIGIOUS AND THE NON-RELIGIOUS SOLDIER

In the Israeli army, it is
common for fully Torah
observant soldiers to
serve by the side of
soldiers who are not.
When a soldier has to
serve a shift on Shabbos,
this raises the question
of whether the observant soldier can or
should trade days with a non-observant
soldier. Sometimes, a non-observant soldier
will volunteer for duty so his colleague can
observe Shabbos in the traditional way.
These possibilities raise halachic questions
with somewhat counter-intuitive answers.
I. Unintended Shabbos Labors
Rav Shmuel Eidels (Maharsha, 17th cen.,
Poland) has a fascinating insight about a
Shabbos violation that has an unrelated
goal (Commentary to Bava Basra 119b).
The Gemara (Shabbos 96b) quotes R.
Akiva says that the mekoshesh, the man
who violated Shabbos by collecting wood
(Num. 15:32-36), was Tzelophechad,
whose daughters famously asked Moshe
for a portion of land in Israel (Num. 27).
Maharsha suggests that Tzelophechad was a
righteous man who did not violate Shabbos
on a biblical level. Rather, Tzelophechad
performed the forbidden act in order to teach

a lesson. That constitutes a melachah she-
einah tzerichah le-gufah, a labor that is not

necessary for its own sake, which according
to the dominant view is only rabbinically
forbidden. Tzelophechad gathered the wood
not because he cared about the wood but
because he had something he needed to
teach. Since the outcome was not his goal,
his action is forbidden only on a rabbinic
level. However, since no human court can
decisively determine someone’s intent,
Tzelophechad was still punished for a
Shabbos violation.
Based on this Maharsha, Rav Moshe Tzvi
Landau (20th cen., Hungary) suggests that
a religious soldier during World War I who
is forced to do non-life saving work on
Shabbos violates only a rabbinic prohibition
(Shulchan Melachim, p. 281b n. 23). This
soldier does not primarily desire the result
of his labor on Shabbos. Rather, he merely
wants to avoid the severe punishment given
to someone who disobeys orders. This
intent changes his actions into a melachah
she-einah tzerichah le-gufah, which is only
rabbinically forbidden. Therefore, perhaps
it is better for an observant soldier to work
on Shabbos and violate only rabbinic
prohibitions than for a non-observant
soldier, who is not as careful with his intent
for his work on Shabbos. On the other hand,
Rav Landau adds, if the non-observant

soldier is only working on Shabbos
in order to free his colleague from
that obligation, maybe his acts also
constitute a melachah she-einah
tzerichah le-gufah.
II. Scholars Saving Lives
The Gemara (Yoma 84b) says that
when Shabbos must be violated
to save a life, it should be done
specifically by Torah scholars, if
possible. We should not ask children
or gentiles to do this work for us.
Rambam explains in his Mishnah
commentary (Shabbos 18:3) says
that those who are less learned may
not understand the unusual circumstances
that warrant this behavior and may be led
to treat Shabbos less seriously (see also
Mishneh Torah, Hilchos Shabbos 2:3).
While that is said regarding the treatment
of someone who is ill or a similar case, and
the question is which of the bystanders will
help, perhaps it also applies to a case when
we choose who will be in the situation of
being coerced to violate Shabbos. Rav
Landau leaves this an open question.
In the IDF, the situation is somewhat
different. The rules dictate that only actions
that are necessary for security may be done
on Shabbos. In theory, any required Shabbos

violation in the IDF is a permissible life-
saving measure. The question is whether

an observant soldier should take on this
role of violating Shabbos in order to
save lives or he may switch shifts with
a non-observant soldier. Rav Nachum
Rabinovitch (20th cen., Israel) says that
serving IDF duty on Shabbos constitutes
a mitzvah and should not be avoided
(Melumedei Milchamah, no. 11).
Rav Yosef Tzvi Rimon (cont., Israel)
adds another consideration (Halachah
Mi-Mkorah: Tzava, vol. 2 p. 136). The
Gemara (Kiddushin 81b) says that if
someone intends to eat pig meat but
accidentally eats kosher lamb still needs
atonement. His intention to sin renders
his act sinful even if he does not fulfill his
intent. Perhaps if a non-observant soldier
intends to violate Shabbos on his duty,
then he needs atonement even though he is
actually fulfilling a mitzvah. On the other
hand, the Gemara (Menachos 64a) quotes
a debate regarding the following case: if
you hear a child drowning in the sea, you
throw in a net to catch fish and also catch
the child, are you liable for catching fish

on Shabbos? Your action constitutes a life-
saving measure but you intended it as a

prohibited act. Rava says you are liable for
the Shabbos violation while Rabbah holds
you are exempt.
But why is there even a debate? If you try
to eat pig and end up eating lamb, you are

liable. Shouldn’t the same apply if you try to
fish on Shabbos but end up saving a baby’s
life? Rav Rimon quotes Rav Yitzchak
Shmelkes (19th cen., Ukraine) who explains
that if you attempt to sin and instead do
something neutral, you are liable for a sin.
But if you attempt to sin and end up doing
a mitzvah, then you are exempt (Responsa
Beis Yitzchak, no. 8). You will not be
penalized for performing a mitzvah. So too,
argues Rav Rimon, a non-observant soldier
who performs life-saving work on Shabbos
is doing a mitzvah, even if he intends to sin.
III. The Shabbos Volunteer
Until now we have discussed whether it
is proper to switch Shabbos shifts. What
if a non-observant soldier volunteers to
switch shifts with you? Is it better for an
observant soldier to take the Shabbos duty?
Rav Mordechai Leib Winkler (20th cen.,
Hungary) was asked about such a situation
in a diaspora army (Levushei Mordechai,
Tinyana, Orach Chaim, no. 58). Rav
Winkler replied that there is no concern
that the non-observant serves as the agent
(shali’ach) of the observant soldier, nor
that the observant soldier assists him in his
violations (mesaye’a). Therefore, it is best
that the observant soldier passively accept
the other soldier’s offer to take his Shabbos
work.
Rav Yosef Tzvi Rimon (ibid., p. 137) says
that while an observant soldier may not

ask to switch Shabbos shift with a non-
observant soldier, he may accept an offer to

switch. Since otherwise the non-observant
would be violating Shabbos, there is some
benefit to him instead serving in army
duty on Shabbos. However, Rav Yehoshua
Neuwirth (21st cen., Israel) writes that an

observant soldier should reject the non-
observant soldier’s attempt to switch

shifts (Shemiras Shabbos Ke-Hilchasah
41:35n85). Rav Neuwirth points to the rule
that when Shabbos needs to be violated
to save a life, it should be done by Torah
scholars. Similarly, the observant soldier
should be the one to violate Shabbos for
life-saving army duty.