Biblical exemptions for military service TB Sotah 43

The Mishna on today’s daf TB Sotah  43 describes the exemptions from military service. Before we analyze the Mishnah, we must review eight verses in Deuteronomy and I’ll analyze them according to the Gemara. These eight verses can be divided into three distinct sections.

According to Abaye on our daf,  the priest anointed to be the chief chaplain of the Army speaks these words of encouragement while another priest broadcasts them to the troops. “Before you join battle, the priest shall come forward and address the troops. He shall say to them, ‘Hear, O Israel! You are about to join battle with your enemy. Let not your courage falter. Do not be in fear, or in panic, or in dread of them. For it is your God YHVH who marches with you to do battle for you against your enemy, to bring you victory.’” (vv. 2-4)

The second section enumerates the three categories of exemptions. The priest announces these exemptions and the officers broadcast them to the troops. “Then the officials shall address the troops, as follows: ‘(Exemption #1) Is there anyone who has built a new house but has not dedicated it? Let him go back to his home, lest he die in battle and another dedicate it.

(Exemption #2) Is there anyone who has planted a vineyard but has never harvested it? Let him go back to his home, lest he die in battle and another harvest it.

(Exemption #3) Is there anyone who has paid the bride-price for a wife, but who has not yet taken her [into his household]? Let him go back to his home, lest he die in battle and another take her [into his household as his wife.’” (vv. 5-7)

The third section adds one more exemption. An officer announces this exemption and other officers broadcast it to the troops. “The officials shall go on addressing the troops and say, ‘Is there anyone afraid and disheartened? Let him go back to his home, lest the courage of his comrades flag like his.’” (vv. 8)

Our Mishna divides the second section of exemptions into two levels. The first level: the soldiers are exempt from battle; however, they must contribute to the war effort on the home front. The second level: soldiers are totally exempt from the battle and from contributing to the home front effort.

The first level: “The mishna continues its discussion of the speech given before battle. “And the officers shall speak to the people, saying: What man is there that has built a new house, and has not dedicated it? Let him go and return to his house, lest he die in the battle, and another man dedicate it” (Deuteronomy 20:5). He is sent home if he is one who builds a storehouse for straw, a barn for cattle, a shed for wood, or a warehouse. Similarly, it applies if he is one who builds, or if he is one who purchases, or if he is one who inherits, or if he is one to whom it is given as a gift. In all these instances, the man returns from the war encampment.

"The next verse states: “And what man is there that has planted a vineyard, and has not used the fruit thereof? Let him go and return unto his house, lest he die in the battle and another man use the fruit thereof” (Deuteronomy 20:6). He is sent home if he is one who plants a whole vineyard of many vines, or if he is one who plants as few as five fruit trees of another variety, and even if these five are from the five species. The produce need not be all of one species. The same applies if he is one who plants, or if he is one who layers the vine, bending a branch into the ground so that it may take root and grow as a new vine, or if he is one who grafts different trees onto one another. And it applies if he is one who purchases a vineyard, or if he is one who inherits a vineyard, or if he is one to whom the vineyard is given as a gift.

“The next verse states: “And what man is there that has betrothed a wife, and has not taken her? Let him go and return to his house, lest he die in the battle, and another man take her” (Deuteronomy 20:7). He is sent home if he is one who betroths a virgin, or if he is one who betroths a widow. This applies even if his yevama, his late brother’s wife, is a widow waiting for him as her yavam to perform levirate marriage; and even if he heard that his brother died in the war and the widow begins to wait for him only then, he returns and goes home. Each of these men, although they are exempt, still hear the address of the priest and the regulations of war at the local camp, and thereafter they return to their respective homes. However, they still support the war effort, and they provide water and food for the soldiers and repair the roads.” (Sefaria.org translation)

The second level: the soldier is totally exempt from all wartime obligations. “These are the men who do not even move from their places because they do not even report to the camp: One who built a house and dedicated it within the year; one who planted a vineyard and used its fruit for less than a year; one who marries his betrothed and one who marries his yevama, his brother’s widow who must enter into a levirate marriage or perform ḥalitza, as it is stated: “When a man takes a new wife, he shall not go out with the army…he shall be free for his house one year, and shall cheer his wife whom he has taken” (Deuteronomy 24:5). The mishna interprets the verse as follows: “For his house”; this means his house that he built. “He shall be”; this term includes his vineyard. “And shall cheer his wife”; this is his wife. “Whom he has taken”; this phrase comes to include his yevama, who is considered his wife with respect to this halakha although he has not yet married her. Those who are exempt for these reasons do not even provide water and food to the soldiers, and they do not repair the roads.” (Sefaria.org  translation)

Everybody else must report for duty. “And these are the men who do not return to their homes: One who builds a gateway, or an enclosed veranda [akhsadra], or a balcony; or one who plants no more than four fruit trees or even five or more non-fruit bearing trees; or one who remarries his divorced wife. Nor is there an exemption for one who has betrothed a woman whom he is not permitted to marry: With regard to a widow betrothed to a High Priest (see Leviticus 21:7); a divorcée or a yevama who performed ḥalitza [ḥalutza], in lieu of entering into a levirate marriage, betrothed to a common priest (see Leviticus 21:13–15); a mamzeret or a Gibeonite woman betrothed to an Israelite; or an Israelite woman betrothed to a mamzer or a Gibeonite (see Deuteronomy 23:3); such a man does not return to his home. Rabbi Yehuda says: Even one who rebuilds a house as it stood originally would not return. Rabbi Eliezer says: Even one who builds a new brick house in the Sharon would not return because these houses are not stable and are expected to collapse periodically.” (Sefaria.org translation)