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This is coolbert:

I have mentioned in previous blogs the name of Rabbi Akiva. Lived 2000 years ago in ancient Israel. Is considered one of the great sages of the Hebrew people. And I have mentioned the quote attributed to him on several occasions also, "in time of war, all laws may be set aside, except for murder and apostasy [changing your religion]."

It is important to properly understand the context that existed when Akiva made this quote.

At the time, the ancient Israelis were involved in a rebellion against Roman rule that was a no-holds-barred-fight-to-the-finish-battle. This rebellion was the second that occurred in Judea during a sixty year period. The first Jewish rebellion was in 66 A.D. and was suppressed by three Roman legions, Fretensis, Macedonia, and Appollonaris. This second Jewish rebellion [125 A.D.], was headed by a Jew named Bar Kochba, who saw himself as the Jewish Messiah. And to defeat this second rebellion, the Romans sent in a force even greater in strength than that used in 66 A.D. The goal of the Romans this time was not just to suppress the rebellion, it was to liquidate the Jews and drive them from their land.

And during the fighting to defeat the Jewish rebellion, the Romans observed and took advantage of a certain phenomenon. This was that the Jews refused to fight on their Sabbath. The Jews were following their law that said that it was impermissible to work on the Sabbath. And fighting at war fell within the category of "working". Rather than fight back when attacked by the Romans on their Sabbath, the Jews just sat still and allowed themselves to be slaughtered. The Romans knew this and timed their attacks to commence on the Jewish Sabbath. Obviously, this was a serious weakness for the Jews, and they suffered defeat and slaughter over and over because of their literal adherence to their law.

It must have been that at some point, the Jews realized the peril they were in by this slavish adherence to their law, the law forbidding them to fight on the Sabbath, even in their own self-defense. And someone must have suggested that Akiva be approached to seek out his opinion on this matter, he being the foremost teacher and sage in ancient Judea. A man also who was listened to in matters of the most important regard. A matter such as this.

And Akiva did respond with his opinion, as voiced in the above mentioned quote. And Akiva must have given careful consideration to the matter, as he did mention the two exceptions to his ruling that in time of war all laws could be set aside [except for murder and apostasy]. In time of war, Jews were allowed to fight on the Sabbath!! Akiva understood that the slavish Jewish adherence to their laws even in time of war was not realistic. That what might result would be the defeat and the annihilation of the Jews and the subsequent end of their law altogether. Adherence to the law strictly, heedless to the circumstances, would result in the law itself becoming extinct, as the people practicing the law would no longer exist!

Even with this ruling of Akiva, the rebellious Jews of ancient Judea met a very sad fate. The Romans did defeat the rebellion. The Romans did expel the Jews from their homeland and disperse them to the nations of the world. And Akiva was arrested, and slowly tortured to death by having his flesh peeled off his body by red-hot tongs. A very sad fate indeed!

coolbert.