Chokhmah, vol. 2, no. 67). The community demanded long-term commitments in order to invest that much money in a new rabbi, teacher or communal functionary. Rav Stern analyzes the literature and then proposes a new approach.
Rav Stern notes that we need to read carefully the source for Rema’s ruling that a Torah teacher may not accept a contract for more than three years. The source is the Hagahos Mordekhai, quoted in Shakh (Choshen Mishpat 333:17). The Hagahos Mordekhai says:
”It seems to me that for this reason a Torah teacher, a scribe or [one who performs] other labors must be careful not to hire himself to be in the house of the employer, established with him (be-keva imo) and eating at his table, without break (beli hefsek) for more than three years...”
Rav Stern focuses on the words “without break.” In old times, house servants lived in the homes of their employers and worked there for their entire term of employment. They did not have vacations. However, if an employee has vacation time or breaks between semesters, then he is not considered like a servant but rather like a free man. Therefore, Rav Stern argues, every employee must have vacation time and then he may accept a multi-year contract.
If we accept this approach, then perhaps this applies also to IDF soldiers. In the nineteenth century Russian army, Jewish soldiers were taken from their homes for many years, sometimes decades. During peacetime, IDF soldiers regularly receive leave for weekends and sometimes longer to return home or do whatever they want. This is free time, family time, rest time, laundry time. Even during wartime, most soldiers receive some time to return home from the fronts to see their family and recharge their batteries. While it is always too infrequent and too short, these leaves constitute a break.
It can be argued that because IDF soldiers receives these breaks, they do not fall under prohibition as described by the Hagahos Mordekhai and codified by Rema. Therefore, enlisting in the IDF is not agreeing to be a servant even though you cannot quit but you are allowed breaks in your army service. In this respect, Hesder service may be preferable because it entails larger breaks in army service for yeshiva study.
