"Ask the Rabbi" by R. Mermelstein



QUESTION: Dear Rabbi, According to Jewish law, what is the proper response of military personnel to illegal or immoral orders? What does Jewish law say that a military member who is given an order that that violates his oath to preserve the constitution should do? Thank you. 

ANSWER: Dear Sir,

To my knowledge Jewish Law is wholly in unison with what I was taught in U.S. Army Basic Training, 25 years ago. It is incumbent upon a soldier to disobey a clearly unlawful order. If an order is immoral, i.e. it is lawful under U.S. law but immoral (read illegal) in Jewish Law, I personally would disobey and take my chances explaining my position at the court martial. "Immoral" is often a gray area if the circumstances are not specifically addressed by U.S. law. By your question regarding an order which violates one's oath to preserve the Constitution I assume you're speaking of whether an American soldier, if ordered to confiscate civilian arms, should disobey. It is the position of Jewish Law as well as that of Gun Owners Alliance that firearms ownership is an absolute right. Gun control means keeping guns away from the criminal and mentally unbalanced (as determined by a professional medical practitioner) segments of the population. Therefore, an order to soldiers to illegally confiscate privately held arms is contrary to Jewish Law.

Sincerely,

R. Mermelstein

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