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Must a Jewish King need to consult the Sanhedrin before going to war, and What Does This Mean for War Decisions in the Modern State of Israel?

• 6 min read
Must a Jewish King need to consult the Sanhedrin before going to war, and What Does This Mean for War Decisions in the Modern State of Israel?
Photo by Hasan Almasi / Unsplash

Yes, according to Torah law, a Jewish king must consult the Sanhedrin before going to war—at least in most types of war. This halachah is not just a procedural detail—it is a deeply meaningful reflection of how Torah envisions authority, humility, and accountability even in the highest forms of leadership.

Let’s walk through the halachos and sources, step by step:

1. The Torah Basis: A King’s Power Is Not Absolute

When the Torah discusses the mitzvah of appointing a king, it immediately surrounds that power with mitzvos and boundaries.

"שׂוֹם תָּשִׂים עָלֶיךָ מֶלֶךְ"
“You shall surely place a king over yourself…”
— Devarim 17:15

But in that same parshah, Hashem limits the king: he may not accumulate too many wives, horses, or wealth, so that he doesn’t become haughty (Devarim 17:16–20). Even the king must write a Sefer Torah and read it all his life so that “לְבִלְתִּי רוּם לְבָבוֹ מֵאֶחָיו”—“his heart should not be lifted above his brothers.”

2. Two Types of War in Halacha

The Rambam (Mishneh Torah, Hilchos Melachim uMilchamoseihem 5:1–2) explains there are two major categories of war:

  • Milchemes Mitzvah – A commanded war, such as conquering Eretz Yisrael or defending against an enemy attack.
  • Milchemes Reshus – A discretionary war, such as expanding territory or strategic political conflict.

The Rambam rules:

"אין המלך יוצא במלחמת הרשות אלא על פי בית דין של שבעים ואחד."
“The king may not wage a discretionary war except with the approval of the Sanhedrin of seventy-one.”
— Hilchos Melachim 5:2

This is the clearest halachic source: for any non-mandatory war, the king must receive permission from the Sanhedrin.

3. The Sanhedrin’s Role: Balancing Power with Torah

The Sanhedrin (the Great Court of 71 elders, led by the Nasi) represents the spiritual and halachic authority of the nation. Even a king—who holds massive political and military power—must defer to the Torah authority of the Sanhedrin.

This ensures that war is never waged for ego, glory, or politics. Rather, it becomes a halachically-guided decision, based on Torah values and national interest.

4. Milchemes Mitzvah May Be Different

Rashi (Sanhedrin 20b) and the Rambam both explain that a Milchemes Mitzvah—like defending against Amalek or self-defense—does not require the Sanhedrin’s approval, as it is a Torah obligation. Some examples:

  • Yehoshua’s war to conquer Eretz Yisrael
  • Defending against enemy attack
  • Eradicating Amalek

In such cases, the king has an automatic obligation to go to war.

However, the king would still typically consult with the Sanhedrin for guidance and clarity, even if not strictly required, as seen in Tanach when kings asked the prophets or Kohanim Gedolim.

5. Examples in Tanach

  • David HaMelech repeatedly consulted Hashem via the Urim v’Tumim or the Navi before going to war (see Shmuel I 23:2, Shmuel II 5:19).
  • Shaul HaMelech was punished for not fully obeying Hashem’s command through Shmuel regarding Amalek (Shmuel I 15).

These show the Torah model of leadership—even the king is a servant of Hashem and His Torah.

6. What About Today?

Today, without a Sanhedrin and without a king anointed with the shemen ha-mishchah, these halachos are not directly applicable. But they teach us deep lessons:

  • No military decision should be made without Torah guidance.
  • Power must be checked by Torah authority.
  • Gedolei Torah today fill the role of guiding Klal Yisrael on critical issues like war and peace—not politicians or generals alone.

Summary:

Yes, a Jewish king must consult the Sanhedrin before a discretionary war.
For a Milchemes Mitzvah, like defense or conquest, consultation is ideal but not halachically required.
Even the king bows before Torah authority—his power is not absolute.
This structure teaches that true Jewish leadership is defined by humility, not control.

Footnotes & Sources:

  1. Devarim 17:14–20 – The mitzvah of appointing a king and his Torah limitations.
  2. Rambam, Hilchos Melachim 5:1–2 – The laws of war and the Sanhedrin’s role.
  3. Sanhedrin 20b – Talmudic source for the king's power and Sanhedrin approval.
  4. Rashi on Sanhedrin 20b – Differentiates between types of war.
  5. Shmuel I 15 – Shaul’s failure to obey Shmuel and the consequences.
  6. Shmuel I 23:2, Shmuel II 5:19 – David asking Hashem whether to go to war.

What Does This Mean for War Decisions in the Modern State of Israel?

We’ve established clearly that in Torah law, a Jewish king may not initiate war—except a mandatory one—without the approval of the Sanhedrin (as ruled by the Rambam in Hilchos Melachim 5:2). But what about today?

There is no Sanhedrin, no universally accepted Torah authority running the government, and no king. So how do Charedim view military decisions made by the secular State?

Let’s walk through it with honesty and Torah clarity:

1. A Secular State Is Not a Halachic Authority

While many Jews live in the State of Israel, and while the IDF is filled with Jewish soldiers, the political and military leadership of the State is secular and does not operate under halachah.

  • There is no Sanhedrin overseeing government decisions.
  • The Knesset legislates laws, many of which contradict the Torah.
  • The military follows political and legal calculations, not halachic process.

Therefore, according to Torah law, the IDF cannot be viewed as a “milchemes mitzvah” force, because it lacks the halachic framework that makes such a war valid.

2. Gedolei Yisrael Do Not Delegate Authority to the Government

Many secular Zionists claim the State has “renewed Jewish sovereignty” and that its leaders inherit the powers of Jewish kings. But no Gadol B’Yisrael has ever supported this idea. Quite the opposite.

Rav Elchonon Wasserman zt”l, in the name of the Chofetz Chaim, said that those who claim the secular Zionists are fulfilling the prophecies of redemption are "הורסים את יסודי התורה" – destroying the foundations of the Torah (Kovetz Maamarim, p. 279).

Rav Chaim Brisker zt”l famously said:

“A Jewish state that does not follow Torah is not a Jewish state—it is a gentile state in Hebrew.”

In other words, political authority that does not consult Torah cannot claim the mantle of Torah legitimacy.

3. Halachic Dangers in Modern Military Decisions

Without Torah guidance, even well-meaning decisions can put Jewish lives at risk unnecessarily.

Charedi Gedolim have repeatedly pointed out halachic problems in how the IDF conducts war:

  • Rav Shach zt”l cried over soldiers being sent into battle with no halachic justification, based on political whims.
  • Rav Eliyashiv zt”l warned against trusting military decisions that ignore halachah, such as returning enemy terrorists or holding back fire to avoid international backlash.
  • Rav Chaim Kanievsky zt”l emphasized that even in war, the Torah is our only compass—not political pressure.

And above all: Only Hashem determines victory. No weapon, tank, or air force can succeed without His will (see Devarim 20:1-4).

4. So How Should Wars Be Decided?

In a proper Torah society, war is declared only after the Sanhedrin approves, and only under the guidance of the Gedolei HaTorah of the generation. The purpose must be to protect Klal Yisrael according to Torah—not nationalism or political pride.

Until that happens, Charedim:

  • Pray for the safety of all Jews, including soldiers
  • Do not endorse military decisions made without halachic consultation
  • Do not equate the IDF with the army of Dovid HaMelech or Yehoshua bin Nun
  • And most of all—place their trust in Torah and Tefillah, not tanks

5. What’s the Role of Torah Jews in War Today?

While we don’t have a halachic army, the Torah teaches that Torah learning and Teshuvah bring the greatest protection. As the Midrash says:

"בשעה שישראל עושין רצונו של מקום אין כל אומה ולשון יכולה לשלוט בהן"
“When the Jews do the will of Hashem, no nation can rule over them.”
— Sifri, Bechukosai 26

And as the Rambam writes:

"בזכות התורה ננצח בכל מלחמותינו."
“Through the merit of Torah, we will be victorious in all our wars.”
— Rambam, Iggeres Teiman

This is why the Charedi world emphasizes spiritual hishtadlus—not because they don’t care about security, but because they believe Torah is the foundation of true security.

Conclusion: We Await the True King

Until Moshiach comes, we live in a complicated reality. But Torah does not change. We do not replace halachah with nationalism.

We await a king who will rule according to Torah, a Sanhedrin that will guide the nation, and a Beis HaMikdash that will bring peace to the world.

Until then, we continue to say:

"שובה ה' עד מתי… השיבה שופטינו כבראשונה ויועצינו כבתחילה…"
“Return, Hashem—how long? Restore our judges as at first, and our counselors as in the beginning…”
— Shemoneh Esrei, Berachah 11

Footnotes:

  1. Rambam, Hilchos Melachim 5:2 – Requirement of Sanhedrin approval for Milchemes Reshus
  2. Sanhedrin 20b – Talmudic discussion of king’s powers and limits
  3. Devarim 20:1–4 – Hashem fights our wars, not our weapons
  4. Kovetz Maamarim, p. 279 – Rav Elchonon on secular Zionist redemption
  5. Rav Chaim Brisker – Quoted by Rav Baruch Ber and others
  6. Sifri, Bechukosai 26 – Nations cannot dominate when Jews do Hashem’s will
  7. Rambam, Iggeres Teiman – Victory comes through Torah merit
  8. Shemoneh Esrei – Daily tefillah for return of righteous leadership