Tshuvos and Poskim-Milchemes Mitzvah - The Intersections of Jewish Law, International Law and The Laws of War-with Rabbi Michael J.Broyde

An extended treatment of this topic by Rabbi Broyde in a groundbreaking essay can be found

here

“For everything there is a season, and a time for every object of desire under the heavens. … A time to be silent and a time to speak. A time to love and a time to hate.A time for war and a time for peace” (Koheles-3:1 and 3:7-8).….. Indeed, there is a time to

speak of war and of peace and a time when political and military considerations augur for silence…. determination of the halakhic propriety of any Israeli incursion is contingent both upon accurate analysis of points of fact as well as resolution of questions of Jewish law. Nevertheless, it is beyond dispute—both as a matter of fact and as a matter of Halakhah—that, once hostilities have commenced, Israel must prevail because the State of Israel cannot afford the luxury of losing a war. Military defeat would assuredly entail the loss of a countless number of Jewish lives. When such threat looms, military action assumes the guise of a “Milchemes Mitzvah” “to deliver Israel from the enemy”.Under such circumstances any action—indeed any word—that gives support to the enemy is an action that endangers Jewish lives…”

Rabbi J.David Bleich

Contemporary Halachic Problems

Volume 3-Part 2-Chapter 11

The Issur Ben Tzvi Hersh

Tshuvos and Poskim Shiur

was honored to present 

one of the leading Jewish scholars of our day

Rabbi Michael J.Broyde

 professor of law at Emory University School of Law

 senior fellow and projects director

 at the Center for the Study of Law and Religion

who at this dark difficult time in our history

discussed through a Torah and secular lens

Milchemes Mitzvah

The Intersections

of

Jewish Law, International Law

and

The Laws of War

Rabbi Michael J. Broyde is professor of law at Emory University School of Law and senior fellow and projects director at the Center for the Study of Law andReligion at Emory University. Broyde's Semicha (yoreh yoreh ve-yadin yadin) was obtained in 1991 from Yeshiva University ,he was a Dayan of the Beth Din of America, where he also served as Menahel . He was the Founding Rabbi of the Young Israel of Atlanta.

In addition to his many books, Broyde has written more than 250 articles and book chapters on various aspects of law and religion, Jewish law, and religious ethics, as well as an often-cited article on impeachment in theHarvard Journal of Law and Public Policy.He has written on military ethics from a Jewish law view, marriage and divorce in the Jewish tradition, bioethical dilemmas from a religious view, women’s rights in the Jewish tradition, the general relationship between secular and Jewish law in its many different facets. A list of his works may be found on hiswebsite.Broydehas been a visiting professor at Stanford,Hebrew University,and most recently theUniversity of Warsaw Law School in Polandand in theInterdisciplinaryCollege of Lawin Herzliya,Israel.He received a juris doctorfrom New York University and published a note on its law review. He also clerked for Judge Leonard I. Garth of the United States Court of Appeals for the Third Circuit.

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