Melachim uMilchamot – Chapter 7: The Meshuach Milchamah and Rules of Military Exemption
Halacha 1 – Appointing the Meshuach Milchamah
In both obligatory and optional wars, a special priest—the meshuach milchamah—is appointed and anointed with the anointing oil to address the soldiers before battle.
Halacha 2 – Two Speeches of the Meshuach Milchamah
The meshuach milchamah speaks twice:
- At the border, before formations are set—he announces the exemptions (“Has anyone planted a vineyard… built a house… consecrated a woman?”).
- At the battle lines, he encourages the troops: “Do not be afraid… do not panic.”
Those who qualify must withdraw.
Halacha 3 – The Public Address Before Battle
Standing on an elevated place, the meshuach milchamah proclaims in Hebrew:
“Listen Israel, today you approach war… Do not fear… God fights for you.”
A second, lesser priest repeats this aloud.
Then the meshuach milchamah announces the exemptions again, followed by an officer who additionally declares: “Who is fearful and faint-hearted? Let him return.”
Halacha 4 – Reorganizing the Army and Enforcing Discipline
After exempted men leave, officers reorganize the troops.
Strong officers with axes stand behind them; if a soldier attempts to flee, they may amputate his legs to prevent panic, which leads to defeat.
These exemptions apply only in an optional war.
In a milchemet mitzvah, everyone must fight—even a groom and a bride.
Halacha 5 – Who Qualifies for Exemption: Houses
Those exempt for building a dwelling include:
- Houses for living, barns, woodsheds, or storage houses (all fit for dwelling).
Equally exempt are those who bought, inherited, or received a house as a gift.
Not exempt are those who built: gatehouses, porches, tiny houses under 4×4 cubits, or who stole a house.
Halacha 6 – Who Qualifies for Exemption: Vineyards
A man is exempt if he planted:
- A vineyard,
- Five fruit trees (even different species),
- Or extended/grafted a vineyard in a way that creates new orlah.
Buying, inheriting, or receiving a vineyard also qualifies.
Not exempt: planting four fruit trees, planting non-fruit trees, or stealing a vineyard.
Partners planting together are not exempt.
Halacha 7 – Who Qualifies for Exemption: Marriage
A man who consecrated a virgin is exempt.
Likewise one who consecrated a widow or received a yevamah—even all five brothers return if one dies childless.
A conditional kiddushin that becomes effective during war also exempts him.
Halacha 8 – Marriages That Do NOT Grant Exemption
A man does not return if he:
- Remarries his divorcee, or
- Marries a woman forbidden to him (e.g., widow to High Priest, mamzer relationships).
Such unions do not qualify for exemption.
Halacha 9 – Duties of Those Who Return
Those sent back must support the army by providing food, water, and road maintenance.
Halacha 10 – One-Year Exemption From All Duties
The following do not go to war at all for one full year:
- One who built and dedicated a house,
- Married his betrothed or yevamah,
- Redeemed his vineyard.
They are exempt from all obligations until the year ends.
Halacha 11 – Exempt From City Duties as Well
During this year, he is exempt from:
- Providing food or water,
- Repairing roads or walls,
- Contributing beams to city gates.
The verse’s repetition teaches he violates two prohibitions by being compelled.
Halacha 12 – Rental Clarifications
If he rents out his house and receives money before the twelve months are up, it counts as benefiting from the house.
If he receives rent only afterward, he is still considered as not having benefited during that year.
Halacha 13 – What Counts as “Dwelling”
If he stores belongings in a house and must guard them, it counts as dwelling, ending his exemption.
If no guarding is required, it does not count.
Halacha 14 – Diaspora Cases
Building a house or planting a vineyard in the Diaspora does not exempt one from war.
Halacha 15 – Fear and Courage in Battle
The verse “Who is fearful and faint-hearted?” refers to a man literally afraid of combat.
Once in battle, a soldier must rely on God, focus entirely on the mission, and push aside all distractions.
Fear in battle violates a negative commandment and endangers the nation—“lest he demoralize his brothers.”
One who fights wholeheartedly for the sanctification of God’s Name is promised protection, merit, a lasting legacy, and eternal life.
