Halakhah su Esodo 30:12

1. The source which suggests itself most readily is Exodus 30:12. Moses is commanded to count the children of Israel by collecting a half-shekel from each person in order "that there be no plague among them when you number them." Indeed, the Gemara, Berakhot 62b, depicts God as telling David, "Behold I will make you stumble over a matter which even school children know, namely, that which is written, 'When you take the sum of the children of Israel according to their number, then shall they give every man a ransom for his soul unto the Lord … [that there be no plague among them].' " Here the Gemara declares that even "school children" are aware of a prohibition expressed in Exodus 30:12.

This verse also serves to explain that counting the people of Israel is prohibited because of an inherent danger, viz., the danger of plague attendant upon direct counting of individuals. Rashi explains that the rationale underlying the prohibition against census-taking is danger re-suiting from an "evil eye." This concept is explained by Rabbenu Baḥya, Exodus 30:12, as predicated upon the manner in which divine providence is manifest. Providence may extend to an individual either qua individual or as a member of a larger group. When providence is directed toward a group even an undeserving individual may receive benefits since judgment is made with regard to the preservation and well-being of the group as a whole. However, when providence is directed toward an individual qua individual only his personal actions and merit are considered in determining whether he is to be deemed worthy of divine guardianship. The counting of individuals, explains Rabbenu Baḥya, has the effect of singling out the individual counted in this manner for particular scrutiny. If he is found lacking in merit he may receive punishment for misdeeds which otherwise might escape scrutiny. By way of analogy, Rabbenu Baḥya draws attention to the words of the Shunammite woman. Elisha asked her, "What is to be done for thee? Wouldst thou be spoken for to the king or to the captain of the host?" And she answered, "I dwell among my own people" (II Kings 4:13). The Shunammite woman did not wish to be singled out for mention to the king or to the captain of the host. So long as she remained anonymous she had nothing to fear from them. She was fearful, however, that were Elisha to cause those individuals to focus their attention upon her, the result might be detrimental rather than beneficial.⁴See also Seforno, Exodus 30:12. Cf., however, Ralbag, Exodus 30:12, and Akedat Yiẓḥak, Parshat Tazri’a, sha’ar 61, as well as Kli Yakar, Exodus 30:12. For amplification of Rambam’s position regarding the “evil eye” see Teshuvot ha-Rambam (ed. Freimann), no. 260; Migdal Oz, Hilkhot Shekhenim 2:16; and Bet Yosef, Ḥoshen Mishpat 158. See also Me’iri, Pesaḥim 109b. Cf., Abarbanel’s commentary on Exodus 30:12 in which he offers a naturalistic explanation of the harm caused by the “evil eye.”

This also might explain why Chazal do not criticize Yoav for not resisting David Hamelech’s order to count the nation (see Shmuel II ch.24). Rav Itamar Warhaftig (Techumin 15:153) suggests that Yoav assumed that David felt that it was permissible to do so, as there are certain situations where counting the nation is permitted (see, for example, Ramban to Shemot 30:12 and Bemidbar 1:3). Therefore, a military order that is unambiguously wrong, such as gratuitously harming a peaceful demonstrator who is not endangering anyone, should be disregarded. If, however, the Prime Minister orders Tzahal to do something that is halachically ambiguous, it seems that the order must be obeyed.