More Discussions for this daf
1. Bein Tefilah l'tefilah; Rashi 2. Chasan v'Kalah by Milchemes Mitzvah 3. Berachah and Eretz
4. Who Buries the Person Who Was Killed? 5. Mes Mitzvah 6. White Lie
7. Gerushah and Derashah 8. Shevet Levi and Milchemes Mitzvah
 DAF DISCUSSIONS - SOTAH 44
1. Ari asks:

the Rambam in the end of hilchos shemitah vi'yovel famously says that shevat Levi doesn't go to war and "lo Shevat Levi Lavod...

Is the Rambam talking about a milchamas reshoos or even a milchamas mitzvah? He doesn't say bifarish what type of milchama but I thought based on a minchas chinuch that he is talking about even a michamas mitzvah. The Minchas chinuch (parshas ki tatzei,mitzvah 532) by ashes yafes toar says that since the Rambam doesn't specify what type of war a Ashes Yafes Toar is it must be it's even by a milchamas mitzvah. If we apply this sevarah of the minchas chinuch then so to here by hilchas shemitah vi'yovel he is talking about both a milchams mitzvah and reshoos.

Is there anyone that says this bi'farish in the Rambam?

Is there anyone that says befarish not like this in the Rambam>

Thanks for your help

have a gut shabbos

Ari

2. The Kollel replies:

Shalom Ari,

It's always a pleasure to read your articulate analysis and thoughtful questions. I didn't yet see anyone who suggests this elegant Pshat in the Rambam. Interestingly, some say that "May Hash-m answer you when you are in distress" (Tehilim 20) was written for the Leviyim praying for the warriors in battle (Me'iri, Sotah 42b).

There does seem to be considerable evidence that Leviyim would in fact engage in battle:

1) Chazal discuss how certain laws of warfare apply to a Kohen. For example: Does a Kohen return from war if he recently betrothed a divorcee (see Sotah 43a); how does the law of Yifas To'ar apply to a Kohen (see Kidushin 21b). This indicates that even Kohanim, and therefore certainly Leviyim, did participate in war. In light of your distinction between Milchemes Reshus and Milchemes Mitzvah, it is important to note that Yifas To'ar applies to Milchemes Reshus (Rashi, Devarim 21:10).

2) Leviyim did fight against the perpetrators of the Egel ha'Zahav (Shemos 32:26) and also in the war against Midyan (Rashi citing Sifrei on Bamidbar 31:4).

3) Many point out that the Rambam connects the exemption of the Leviyim to the fact that they did not have land. Therefore, it would seem that although they were exempt from the war conquering Eretz Yisrael from the seven nations, they still would be obligated to fight in a Milchemes Mitzvah for national defense. (See Rav Moshe Sternbuch shlit'a in Teshuvos v'Hanhagos, Orach Chayim 1:131; Rav Ben Tziyon Meir Chai Uziel in ha'Posek, 5708, no. 1,084; Rav Kook in Shabbat ha'Aretz 13:12.)

4) The Kohanim carried the Aron with those who went out to war. See Sotah 42b, Yere'im 432, Binyamin Ze'ev 102. Furthermore, the Kohanim also did so in the war against Yericho in the times of Yehoshua and against the Pelishtim in the times of Shaul ha'Melech.

Warmly,

Yishai Rasowsky

3. Ari asks:

>>3) Many point out that the Rambam connects the exemption of the Leviyim to the fact that they did not have land. Therefore, it would seem that although they were exempt from the war conquering Eretz Yisrael from the seven nations, they still would be obligated to fight in a Milchemes Mitzvah for national defense. (See Rav Moshe Sternbuch shlit'a in Teshuvos v'Hanhagos, Orach Chayim 1:131; Rav Ben Tziyon Meir Chai Uziel in ha'Posek, 5708, no. 1,084; Rav Kook in Shabbat ha'Aretz 13:12.)<<

I don't understand. The loshon of the Rambam is not mashmah that they are intrinicly connected. He says they didnt get land becaue they are hovdel li avodas Hash-m ... lifichach they don't go to war. It sounds from his words that they are different nafke minas that they are "hovdel midarche haolem". They don't go to war, get a nachal or "zochin li'atsmon koach gufon". According to this a Levi should be porter from all wars because they are "hovdel li'avodas Hash-m. How does this fit with this peshat of the achronim?

4. The Kollel replies:

Shalom Ari,

Yes, I understand you are saying that the Rambam (Shemitah v'Yovel 13:12) means that Shevet Levi's exemption from war does not stem directly from their exclusion from receiving a Nachalah. Rather, the Leviyim are devoted to Avodas Hash-m, and consequently they do not undertake various worldly endeavors, one example of which is acquiring land, and another independent example of which is going forth in any form of warfare. This makes a lot of sense!

Another way of reading this passage in the Rambam is based on the consideration that the whole theme of the passage is centered on Levi's exclusion from pursuit of physical possessions (land, booty). In that light, it might be argued that the form of war to which the Rambam is referring is only that which involves conquest. As such, Leviyim may still be obligated to participate in a Milchemes Mitzvah to defend Am Yisrael from a threat of attack. See, for example, Maharil Zakash's "Neros l'Shabbos" cited in Mishpat ha'Tzava b'Yisrael (page 92), as recorded in footnote 7 of Rav Kook's Shabbos ha'Aretz 13:12.

Warmest regards,

Yishai Rasowsky