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The Ethics of War

SESSION ONE: WHO IS CALLED TO SERVE IN WARTIME?

(א) כִּֽי־תֵצֵ֨א לַמִּלְחָמָ֜ה עַל־אֹיְבֶ֗יךָ וְֽרָאִ֜יתָ ס֤וּס וָרֶ֙כֶב֙ עַ֚ם רַ֣ב מִמְּךָ֔ לֹ֥א תִירָ֖א מֵהֶ֑ם כִּֽי־יְהוָ֤ה אֱלֹהֶ֙יךָ֙ עִמָּ֔ךְ הַמַּֽעַלְךָ֖ מֵאֶ֥רֶץ מִצְרָֽיִם׃ (ב) וְהָיָ֕ה כְּקָֽרָבְכֶ֖ם אֶל־הַמִּלְחָמָ֑ה וְנִגַּ֥שׁ הַכֹּהֵ֖ן וְדִבֶּ֥ר אֶל־הָעָֽם׃ (ג) וְאָמַ֤ר אֲלֵהֶם֙ שְׁמַ֣ע יִשְׂרָאֵ֔ל אַתֶּ֨ם קְרֵבִ֥ים הַיּ֛וֹם לַמִּלְחָמָ֖ה עַל־אֹיְבֵיכֶ֑ם אַל־יֵרַ֣ךְ לְבַבְכֶ֗ם אַל־תִּֽירְא֧וּ וְאַֽל־תַּחְפְּז֛וּ וְאַל־תַּֽעַרְצ֖וּ מִפְּנֵיהֶֽם׃ (ד) כִּ֚י יְהוָ֣ה אֱלֹֽהֵיכֶ֔ם הַהֹלֵ֖ךְ עִמָּכֶ֑ם לְהִלָּחֵ֥ם לָכֶ֛ם עִם־אֹיְבֵיכֶ֖ם לְהוֹשִׁ֥יעַ אֶתְכֶֽם׃ (ה) וְדִבְּר֣וּ הַשֹּֽׁטְרִים֮ אֶל־הָעָ֣ם לֵאמֹר֒ מִֽי־הָאִ֞ישׁ אֲשֶׁ֨ר בָּנָ֤ה בַֽיִת־חָדָשׁ֙ וְלֹ֣א חֲנָכ֔וֹ יֵלֵ֖ךְ וְיָשֹׁ֣ב לְבֵית֑וֹ פֶּן־יָמוּת֙ בַּמִּלְחָמָ֔ה וְאִ֥ישׁ אַחֵ֖ר יַחְנְכֶֽנּוּ׃ (ו) וּמִֽי־הָאִ֞ישׁ אֲשֶׁר־נָטַ֥ע כֶּ֙רֶם֙ וְלֹ֣א חִלְּל֔וֹ יֵלֵ֖ךְ וְיָשֹׁ֣ב לְבֵית֑וֹ פֶּן־יָמוּת֙ בַּמִּלְחָמָ֔ה וְאִ֥ישׁ אַחֵ֖ר יְחַלְּלֶֽנּוּ׃ (ז) וּמִֽי־הָאִ֞ישׁ אֲשֶׁר־אֵרַ֤שׂ אִשָּׁה֙ וְלֹ֣א לְקָחָ֔הּ יֵלֵ֖ךְ וְיָשֹׁ֣ב לְבֵית֑וֹ פֶּן־יָמוּת֙ בַּמִּלְחָמָ֔ה וְאִ֥ישׁ אַחֵ֖ר יִקָּחֶֽנָּה׃ (ח) וְיָסְפ֣וּ הַשֹּׁטְרִים֮ לְדַבֵּ֣ר אֶל־הָעָם֒ וְאָמְר֗וּ מִי־הָאִ֤ישׁ הַיָּרֵא֙ וְרַ֣ךְ הַלֵּבָ֔ב יֵלֵ֖ךְ וְיָשֹׁ֣ב לְבֵית֑וֹ וְלֹ֥א יִמַּ֛ס אֶת־לְבַ֥ב אֶחָ֖יו כִּלְבָבֽוֹ׃ (ט) וְהָיָ֛ה כְּכַלֹּ֥ת הַשֹּׁטְרִ֖ים לְדַבֵּ֣ר אֶל־הָעָ֑ם וּפָֽקְד֛וּ שָׂרֵ֥י צְבָא֖וֹת בְּרֹ֥אשׁ הָעָֽם׃ (ס)
(1) When you take the field against your enemies, and see horses and chariots—forces larger than yours—have no fear of them, for the LORD your God, who brought you from the land of Egypt, is with you. (2) Before you join battle, the priest shall come forward and address the troops. (3) He shall say to them, “Hear, O Israel! You are about to join battle with your enemy. Let not your courage falter. Do not be in fear, or in panic, or in dread of them. (4) For it is the LORD your God who marches with you to do battle for you against your enemy, to bring you victory.” (5) Then the officials shall address the troops, as follows: “Is there anyone who has built a new house but has not dedicated it? Let him go back to his home, lest he die in battle and another dedicate it. (6) Is there anyone who has planted a vineyard but has never harvested it? Let him go back to his home, lest he die in battle and another harvest it. (7) Is there anyone who has paid the bride-price for a wife, but who has not yet married her? Let him go back to his home, lest he die in battle and another marry her.” (8) The officials shall go on addressing the troops and say, “Is there anyone afraid and disheartened? Let him go back to his home, lest the courage of his comrades flag like his.” (9) When the officials have finished addressing the troops, army commanders shall assume command of the troops.

(א) אֶחָד מִלְחֶמֶת מִצְוָה וְאֶחָד מִלְחֶמֶת הָרְשׁוּת מְמַנִּין כֹּהֵן לְדַבֵּר אֶל הָעָם בִּשְׁעַת הַמִּלְחָמָה. וּמוֹשְׁחִין אוֹתוֹ בְּשֶׁמֶן הַמִּשְׁחָה וְזֶהוּ הַנִּקְרָא מְשׁוּחַ מִלְחָמָה:

(ב) שְׁתֵּי פְּעָמִים מְדַבֵּר מְשׁוּחַ מִלְחָמָה אֶל הָעָם. אַחַת בַּסְּפַר בְּעֵת שֶׁיּוֹצְאִין קֹדֶם שֶׁיַּעַרְכוּ הַמִּלְחָמָה. אוֹמֵר לָעָם (דברים כ, ו) "מִי הָאִישׁ אֲשֶׁר נָטַע כֶּרֶם וְלֹא חִלְּלוֹ" וְגוֹ'. כְּשֶׁיִּשְׁמַע דְּבָרָיו יַחְזֹר מֵעוֹרְכֵי הַמִּלְחָמָה. וְאַחַת בְּעוֹרְכֵי הַמִּלְחָמָה אוֹמֵר (דברים כ, ג) "אַל תִּירְאוּ וְאַל תַּחְפְּזוּ":

(ג) עֵת שֶׁעוֹרְכִין הַמַּעֲרָכוֹת וְהֵם קְרֵבִים לְהִלָּחֵם. מְשׁוּחַ מִלְחָמָה עוֹמֵד בְּמָקוֹם גָּבוֹהַּ וְכָל הַמַּעֲרָכוֹת לְפָנָיו. וְאוֹמֵר לָהֶם בִּלְשׁוֹן הַקֹּדֶשׁ (דברים כ, ג) "שְׁמַע יִשְׂרָאֵל אַתֶּם קְרֵבִים הַיּוֹם לַמִּלְחָמָה עַל אֹיְבֵיכֶם". (דברים כ, ג) "אַל יֵרַךְ לְבַבְכֶם אַל תִּירְאוּ וְאַל תַּחְפְּזוּ וְאַל תַּעַרְצוּ מִפְּנֵיהֶם". (דברים כ, ד) "כִּי ה' אֱלֹהֵיכֶם הַהלֵךְ עִמָּכֶם לְהִלָּחֵם לָכֶם עִם אֹיְבֵיכֶם לְהוֹשִׁיעַ אֶתְכֶם". עַד כָּאן אוֹמֵר מְשׁוּחַ מִלְחָמָה וְכֹהֵן אַחֵר תַּחְתָּיו מַשְׁמִיעַ אוֹתוֹ לְכָל הָעָם בְּקוֹל רָם. וְאַחַר כָּךְ מְדַבֵּר מְשׁוּחַ מִלְחָמָה (דברים כ, ה) "מִי הָאִישׁ אֲשֶׁר בָּנָה בַיִת חָדָשׁ" וְגוֹ' (דברים כ, ו) "וּמִי הָאִישׁ אֲשֶׁר נָטַע כֶּרֶם" וְגוֹ' (דברים כ, ז) "וּמִי הָאִישׁ אֲשֶׁר אֵרַשׂ" וְגוֹ'. עַד כָּאן מְשׁוּחַ מִלְחָמָה מְדַבֵּר וְהַשּׁוֹטֵר מַשְׁמִיעַ לְכָל הָעָם בְּקוֹל רָם. וְאַחַר כָּךְ מְדַבֵּר הַשּׁוֹטֵר מֵעַצְמוֹ וְאוֹמֵר (דברים כ, ח) "מִי הָאִישׁ הַיָּרֵא וְרַךְ הַלֵּבָב" וְשׁוֹטֵר אַחֵר מַשְׁמִיעַ לְכָל הָעָם:

(ד) וְאַחַר שֶׁחוֹזְרִין כָּל הַחוֹזְרִין מֵעוֹרְכֵי הַמִּלְחָמָה. מְתַקְּנִין אֶת הַמַּעֲרָכוֹת. וּפוֹקְדִים שָׂרֵי צְבָאוֹת בְּרֹאשׁ הָעָם. וּמַעֲמִידִין מֵאָחוֹר כָּל מַעֲרָכָה וּמַעֲרָכָה שׁוֹטְרִים חֲזָקִים וְעַזִּים. וְכַשִּׁילִין שֶׁל בַּרְזֶל בִּידֵיהֶם. הָרוֹצֶה לַחְזֹר מִן הַמִּלְחָמָה הָרְשׁוּת בְּיָדָן לַחְתֹּךְ אֶת שׁוֹקוֹ. שֶׁתְּחִלַּת נְפִילָה נִיסָה. בַּמֶּה דְּבָרִים אֲמוּרִים שֶׁמַּחְזִירִין אֲנָשִׁים אֵלּוּ מֵעוֹרְכֵי הַמִּלְחָמָה בְּמִלְחֶמֶת הָרְשׁוּת. אֲבָל בְּמִלְחֶמֶת מִצְוָה הַכּל יוֹצְאִין וַאֲפִלּוּ חָתָן מֵחַדְרוֹ וְכַלָּה מֵחֻפָּתָהּ:

(ה) אֶחָד הַבּוֹנֶה בַּיִת לִישִׁיבָתוֹ. וְאֶחָד הַבּוֹנֶה בֵּית הַבָּקָר. בֵּית הָעֵצִים. בֵּית הָאוֹצָרוֹת. הוֹאִיל וְרָאוּי לְדִירָה. וְאֶחָד הַבּוֹנֶה. וְאֶחָד הַלּוֹקֵחַ. וְאֶחָד שֶׁנִּתָּן לוֹ בְּמַתָּנָה אוֹ הַיּוֹרֵשׁ. הֲרֵי זֶה חוֹזֵר. אֲבָל הַבּוֹנֶה [בֵּית הַתֶּבֶן] וּבֵית שַׁעַר. אַכְסַדְרָה וּמִרְפֶּסֶת. אוֹ בַּיִת שֶׁאֵין בּוֹ אַרְבַּע אַמּוֹת עַל אַרְבַּע אַמּוֹת. אוֹ הַגּוֹזֵל בַּיִת. הֲרֵי זֶה אֵינוֹ חוֹזֵר:

(ו) אֶחָד הַנּוֹטֵעַ כֶּרֶם. וְאֶחָד הַנּוֹטֵעַ חֲמִשָּׁה אִילָנֵי מַאֲכָל. וַאֲפִלּוּ מֵחֲמֵשֶׁת מִינֵי מַאֲכָל. אֶחָד הַנּוֹטֵעַ. וְאֶחָד הַמַּבְרִיךְ וְאֶחָד הַמַּרְכִּיב הַבְרָכָה וְהַרְכָּבָה שֶׁהִיא חַיֶּבֶת בְּעָרְלָה. אֶחָד הַלּוֹקֵחַ. וְאֶחָד הַיּוֹרֵשׁ. וְאֶחָד שֶׁנִּתָּן לוֹ בְּמַתָּנָה. אֲבָל הַנּוֹטֵעַ אַרְבָּעָה אִילָנֵי מַאֲכָל. אוֹ חֲמִשָּׁה אִילָנֵי סְרָק. אוֹ שֶׁגָּזַל כֶּרֶם. אֵינוֹ חוֹזֵר עָלָיו. וְכֵן כֶּרֶם שֶׁל שְׁנֵי שֻׁתָּפִין אֵין חוֹזְרִין עָלָיו:

(ז) אֶחָד הַמְאָרֵס אֶת הַבְּתוּלָה. וְאֶחָד הַמְאָרֵס אֶת הָאַלְמָנָה. וְכֵן אִם נָפְלָה לוֹ יְבָמָה אֲפִלּוּ חֲמִשָּׁה אַחִים וּמֵת אֶחָד מֵהֶן כֻּלָּן חוֹזְרִין. קִדֵּשׁ אִשָּׁה מֵעַכְשָׁו וּלְאַחַר שְׁנֵים עָשָׂר חֹדֶשׁ וְשָׁלַם הַזְּמַן בַּמִּלְחָמָה חוֹזֵר וּבָא לוֹ:

(ח) הַמַּחֲזִיר אֶת גְּרוּשָׁתוֹ. וְהַמְאָרֵס אִשָּׁה הָאֲסוּרָה עָלָיו. כְּגוֹן אַלְמָנָה לְכֹהֵן גָּדוֹל. גְּרוּשָׁה וַחֲלוּצָה לְכֹהֵן הֶדְיוֹט. מַמְזֶרֶת וּנְתִינָה לְיִשְׂרָאֵל. בַּת יִשְׂרָאֵל לְמַמְזֵר וּלְנָתִין. אֵינוֹ חוֹזֵר:

(ט) כָּל אֵלּוּ שֶׁחוֹזְרִין מֵעוֹרְכֵי הַמִּלְחָמָה. כְּשֶׁשּׁוֹמְעִין אֶת דִּבְרֵי הַכֹּהֵן חוֹזְרִין. וּמְסַפְּקִין מַיִם וּמָזוֹן לַאֲחֵיהֶם שֶׁבַּצָּבָא. וּמְתַקְּנִין אֶת הַדְּרָכִים:

(י) וְאֵלּוּ שֶׁאֵין יוֹצְאִין לְעוֹרְכֵי הַמִּלְחָמָה כָּל עִקָּר. וְאֵין מַטְרִיחִין אוֹתָם לְשׁוּם דָּבָר בָּעוֹלָם. הַבּוֹנֶה בַּיִת וַחֲנָכוֹ. וְהַנּוֹשֵׂא אֲרוּסָתוֹ אוֹ שֶׁיִּבֵּם. וּמִי שֶׁחִלֵּל כַּרְמוֹ. אֵין יוֹצְאִין עַד תֹּם שָׁנָה. שֶׁנֶּאֱמַר (דברים כד, ה) "נָקִי יִהְיֶה לְבֵיתוֹ שָׁנָה אֶחָת וְשִׂמַּח אֶת אִשְׁתּוֹ אֲשֶׁר לָקָח". מִפִּי הַקַּבָּלָה לָמְדוּ שֶׁיִּהְיֶה נָקִי שָׁנָה בֵּין לַבַּיִת שֶׁקָּנָה בֵּין לָאִשָּׁה שֶׁנָּשָׂא בֵּין לַכֶּרֶם שֶׁהִתְחִיל לֶאֱכל פִּרְיוֹ:

(יא) כָּל הַשָּׁנָה אֵין מְסַפֵּק מַיִם וּמָזוֹן. וְלֹא מְתַקֵּן דֶּרֶךְ. וְלֹא שׁוֹמֵר בַּחוֹמָה. וְלֹא נוֹתֵן לְפַסֵּי הָעִיר. וְלֹא יַעֲבֹר עָלָיו שׁוּם דָּבָר בָּעוֹלָם. שֶׁנֶּאֱמַר (דברים כד, ה) "לֹא יֵצֵא בַּצָּבָא וְלֹא יַעֲבֹר עָלָיו לְכָל דָּבָר" לַעֲבֹר בִּשְׁנֵי לָאוִין. לֹא לְצָרְכֵי הָעִיר וְלֹא לְצָרְכֵי הַגְּדוּד:

(יב) בָּנָה בַּיִת וְהִשְׂכִּירוֹ לַאֲחֵרִים וְהִקְדִּים לוֹ שְׂכָרוֹ הֲרֵי זֶה כְּמִי שֶׁחֲנָכוֹ. נָתַן לוֹ שְׂכָרוֹ לְאַחַר שְׁנֵים עָשָׂר חֹדֶשׁ הֲרֵי הוּא כְּמִי שֶׁלֹּא חֲנָכוֹ עַד עַתָּה:

(יג) בָּנָה בַּיִת וְנָתַן בּוֹ חֲפָצָיו וְנָעַל עֲלֵיהֶם. אִם הָיָה צָרִיךְ לְבַטֵּל עַל שְׁמִירָתָן הֲרֵי זֶה כְּמִי שֶׁחֲנָכוֹ וְהִתְחִיל לֵישֵׁב בּוֹ. וְאִם אֵינָן צְרִיכִין לֵישֵׁב וּלְשָׁמְרָן הֲרֵי זֶה כְּמִי שֶׁלֹּא חֲנָכוֹ:

(יד) וְכָל הַבּוֹנֶה בַּיִת אוֹ נוֹטֵעַ כֶּרֶם בְּחוּצָה לָאָרֶץ אֵינוֹ חוֹזֵר עֲלֵיהֶן:

(טו) (דברים כ, ח) "מִי הָאִישׁ הַיָּרֵא וְרַךְ הַלֵּבָב" כְּמַשְׁמָעוֹ. שֶׁאֵין בְּלִבּוֹ כֹּחַ לַעֲמֹד בְּקִשְׁרֵי הַמִּלְחָמָה. וּמֵאַחַר שֶׁיִּכָּנֵס בְּקִשְׁרֵי הַמִּלְחָמָה יִשָּׁעֵן עַל מִקְוֵה יִשְׂרָאֵל וּמוֹשִׁיעוֹ בְּעֵת צָרָה וְיֵדַע שֶׁעַל יִחוּד הַשֵּׁם הוּא עוֹשֶׂה מִלְחָמָה וְיָשִׂים נַפְשׁוֹ בְּכַפּוֹ וְלֹא יִירָא וְלֹא יִפְחָד וְלֹא יַחְשֹׁב לֹא בְּאִשְׁתּוֹ וְלֹא בְּבָנָיו אֶלָּא יִמְחֶה זִכְרוֹנָם מִלִּבּוֹ וְיִפָּנֶה מִכָּל דָּבָר לַמִּלְחָמָה. וְכָל הַמַּתְחִיל לַחְשֹׁב וּלְהַרְהֵר בַּמִּלְחָמָה וּמַבְהִיל עַצְמוֹ עוֹבֵר בְּלֹא תַּעֲשֶׂה. שֶׁנֶּאֱמַר (דברים כ, ג) "אַל יֵרַךְ לְבַבְכֶם אַל תִּירְאוּ וְאַל תַּחְפְּזוּ וְאַל תַּעַרְצוּ מִפְּנֵיהֶם". וְלֹא עוֹד אֶלָּא שֶׁכָּל דְּמֵי יִשְׂרָאֵל תְּלוּיִין בְּצַוָּארוֹ. וְאִם לֹא נִצֵּחַ וְלֹא עָשָׂה מִלְחָמָה בְּכָל לִבּוֹ וּבְכָל נַפְשׁוֹ. הֲרֵי זֶה כְּמִי שֶׁשָּׁפַךְ דְּמֵי הַכּל. שֶׁנֶּאֱמַר (דברים כ, ח) "וְלֹא יִמַּס אֶת לְבַב אֶחָיו כִּלְבָבוֹ". וַהֲרֵי מְפֹרָשׁ בַּקַּבָּלָה (ירמיה מח, י) "אָרוּר עשֶֹׁה מְלֶאכֶת ה' רְמִיָּה" וְאָרוּר מֹנֵעַ חַרְבּוֹ מִדָּם. וְכָל הַנִּלְחָם בְּכָל לִבּוֹ בְּלֹא פַּחַד וְתִהְיֶה כַּוָּנָתוֹ לְקַדֵּשׁ אֶת הַשֵּׁם בִּלְבַד. מֻבְטָח לוֹ שֶׁלֹּא יִמְצָא נֵזֶק וְלֹא תַּגִּיעֵהוּ רָעָה. וְיִבְנֶה לוֹ בַּיִת נָכוֹן בְּיִשְׂרָאֵל וְיִזְכֶּה לוֹ וּלְבָנָיו עַד עוֹלָם וְיִזְכֶּה לְחַיֵּי הָעוֹלָם הַבָּא. שֶׁנֶּאֱמַר (שמואל א כה, כח) "כִּי עָשֹׂה יַעֲשֶׂה ה' לַאדֹנִי בַּיִת נֶאֱמָן כִּי מִלְחֲמוֹת ה' אֲדֹנִי נִלְחָם וְרָעָה לֹא תִמָּצֵא בְךָ" וְגוֹ' (שמואל א כה, כט) "וְהָיְתָה נֶפֶשׁ אֲדֹנִי צְרוּרָה בִּצְרוֹר הַחַיִּים אֵת ה' אֱלֹהֶיךָ":

(1) A Kohen is appointed to address the people at the time of war, whether it is a War of Mitzvoh or a Discretionary War. He is anointed with the (special) Anointing Oil and called the “Anointed for War”.

(2) The Anointed for War addresses the people twice. First, at the border54When leaving the country. just before going out to wage the battle, he says to them, “Is there man here who has planted a vineyard, and has not redeemed it?” (Deut. 20:6). When they hear him, those people will return from the front. And then again at the front he (addresses them and) says, “do not fear and do not run away” (Deut. 20:3).

(3) At the time they are organizing to deploy in their battle array and are ready to do battle, the Anointed for War stands on a high place with the entire army before him and says to them in the Holy Tongue, “Shema Yisroel, you are about to do battle today with your enemies. Have no fear in your hearts, do not be frightened, do not scurry about and do not flee from before them. HaShem, your G-d, goes with you to fight with your enemies and save you” (Deut. 20:3-4). Until here does the Anointed for War speak. A subordinate Kohen now broadcasts this message to the people in a loud voice. The Anointed for War again speaks and says, “Is there a man here who has built a new home and has not dedicated it? Let him go and return to his house lest he die in battle and another man dedicate it. Is there a man here who has planted a vineyard and has not used its fruit? Let him go and return to his house lest he die in battle and another man use its fruit. Is there a man here who has betrothed a wife and has not taken her? Let him go and return to his house lest he die in the battle and another man take her” (Deut. 20:5-7). Until here does the Anointed for War speak. Then a55Lit., the. marshal broadcasts this message to the people in a loud voice. The marshal himself then speaks and says, “Is there a man here who is afraid and weak of heart?” (Deut. 20:8). Another officer then broadcasts this to the people.

(4) After all those who are to leave have left from the front, they arrange the battle array and appoint officers to lead the people. Behind each array, strong and tough gendarmes are appointed and hold an iron axe in their hands. These police have the right to cut the thigh of anyone who wants to flee the battle, for fleeing is the first step to defeat. People are returned from the battlefield in a Discretionary War. However, in a War of Mitzvoh everyone goes out to the battle, even a groom from his room and a bride56She will supply food and water for her husband, but will not participate in the fighting. from under her wedding canopy.

(5) The Law is the same whether one builds a house wherein he will live or builds a pen for his cattle or a woodshed or a storehouse57Used for wine, oil or wheat., as long as a human could live therein58Even if no one actually does.. The Law is also the same whether one builds, buys or inherits a house or receives it as gift. In all these cases, he is returned home from the front. However, the one who built a guard booth or a porch or a portico or a structure which does not have the (minimum) dimensions of 4 x 4 cubits, or the one who steals a house, does not return.

(6) The Law is the same for the one who plants a vineyard or the one who plants five fruit-bearing trees or even five types of food59I think this means whether five of one type of tree or five different types of trees.. It is same whether one plants or prunes or grafts. Grafting refers to the type of grafting which would cause one to be obligated by the Laws of Orlah. It is the same whether one buys or inherits or was given these as a gift. However, this Law is not applicable to the one who planted four fruit-bearing trees or five non-fruit-bearing trees or stole a vineyard. He does not return home. Similarly, a vineyard owned by two partners, qualifies neither to return.

(7) The Law is the same whether one is engaged to a virgin or a widow or if he has to perform Yibum (Levirate marriage) - even in a case where there are five brothers and one dies, they all return home. If one made a condition today that his marriage to a woman retroactively to today would be valid only twelve months from now, and that time elapsed while he was at war, he returns home.

(8) One who remarries his divorcee, one who becomes engaged to a woman who is forbidden to him, for instance, a Kohen Godol to a widow, or a divorcee or a Chalutzah to a regular Kohen, or a female bastard or female Nosin60Givonites, and cursed by King David. to a Israelite, or the daughter of an Israelite to a male bastard or male Nosin do not return from the battlefield.

(9) All those who are returned from the battle array, return when they hear the words of the Kohen. They will, however, supply the water and food for the soldiers, and repair the roads.

(10) These are those who do not go out to the battlefront at all, and they are not troubled for any reason at all: The one who builds a house and dedicates61I.e., he moves in. it; the one who marries his fiancée or performs Yibum; and the one who redeems62In the fourth year after planting. The redemption monies are brought up to Jerusalem. his vineyard. These do not go out until the end of the year, as it says, “he shall be free unto his house for one year, and he shall make his wife happy, she who he has taken” (Deut. 24:5). By Tradition we have learned that a person is given one undisturbed year63Free from communal responsibilities. after buying a house or marrying a woman or beginning to eat from a vineyard.

(11) For an entire year he does not supply the water or the food, nor repair the roads, nor guard at the wall64Nor give the wooden boards to strengthen the city gates.. Nothing is given him to do that year, as it says, “he shall not go to the army, and nothing shall burden him at all” (Deut. 24:5). This verse is worded to teach two Negative Commandments: that he does not go out either for needs of the city or for needs of the brigade65Or, garrison..

(12) One built a house and rented it out. If the renter pays the rent up front, then it is like he dedicated the house66As soon as the rent is collected.. But, if the renter only pays his rent after twelve month have elapsed, he is considered like one who has not dedicated his home.

(13) Regarding the one who built a house, brought his household goods in and locked the door: if he has to forgo (his normal activities) in order to guard his belongings, then this is similar to someone who dedicated his home and has begun to dwell therein. But, if there is no need to stay there and guard his household goods67Because they were large and heavy and cannot be easily stolen. at all, then he is comparable to one who has not dedicated a house at all.

(14) Anyone who builds a house and plants a vineyard outside of the Land of Israel does not return from the battlefront, for these reasons.

(15) "What man is there who is fearful and is faint-hearted" (Deut. 20:8)? Exactly so. This is one whose heart has no strength to withstand the strains of war68He is afraid he’ll be killed in battle due to his sins.. Now, once one becomes entangled with the perplexities of war, he should trust the Hope of Israel, and He will save him in times of trouble. He should know he is doing battle for the unity of the Name. He should place his life in His Hands and neither be afraid nor alarmed. He should not think about his wife or his children. Rather, he should wipe away thoughts of them from his heart, and clear himself of everything for the war. Anyone who thinks about or contemplates (matters) during the battle and frightens himself violates a Negative Commandment, as it says, “do not be faint of heart, nor be alarmed, do not flee, and be not frightened before them” (Deut. 20:3). And not only that, but all the blood of Israel hangs around his neck. If he did not win and did not fight the battle with all his heart and soul, he is like one who spills everyone’s blood, as it says, “lest he not melt his brothers’ hearts as has his” (Deut. 20:8). It is explicitly stated in the Tradition that, “Cursed be he who does the work of G-d sluggishly, and cursed be he who keeps back his sword from blood” (Jeremiah 48:10). However, anyone who does fight with all his heart without fear, and his intentions are only to Sanctify the Name, is promised that he will not be harmed and nothing bad will happen to him. He will build an upright home in Israel, and he and his children will earn merit forever, and merit The World To Come, as it says, “certainly, G-d shall make for my master a faithful house, for the wars of G-d does my master fight and no evil will be found with you all your days…And the soul of my master will be bound with the living, with the Lord your G-d…” (I Samuel 25:28-29).

From the IDF website: https://www.mahal-idf-volunteers.org/information/background/content.htm

“Who serves in the army?

Israel is unique in that military service is compulsory for both males and females. It is the only country in the world that maintains obligatory military service for women. This continues the tradition of female fighters during Israel's War of Independence. Males serve for three years and females for just less than two years. Israel also has one of the highest recruitment rates in the world - some 80% of those who receive summons serve. Those who are exempt from service include most minority groups, those who are not physically or psychologically fit, married women or women with children, religious males who are studying in an accredited Jewish Law institution and religious females who choose to pursue 'national service' - community work.”

SESSION TWO: RULES OF ENGAGEMENT

(י) כִּֽי־תִקְרַ֣ב אֶל־עִ֔יר לְהִלָּחֵ֖ם עָלֶ֑יהָ וְקָרָ֥אתָ אֵלֶ֖יהָ לְשָׁלֽוֹם׃ (יא) וְהָיָה֙ אִם־שָׁל֣וֹם תַּֽעַנְךָ֔ וּפָתְחָ֖ה לָ֑ךְ וְהָיָ֞ה כָּל־הָעָ֣ם הַנִּמְצָא־בָ֗הּ יִהְי֥וּ לְךָ֛ לָמַ֖ס וַעֲבָדֽוּךָ׃ (יב) וְאִם־לֹ֤א תַשְׁלִים֙ עִמָּ֔ךְ וְעָשְׂתָ֥ה עִמְּךָ֖ מִלְחָמָ֑ה וְצַרְתָּ֖ עָלֶֽיהָּ׃ (יג) וּנְתָנָ֛הּ יְהוָ֥ה אֱלֹהֶ֖יךָ בְּיָדֶ֑ךָ וְהִכִּיתָ֥ אֶת־כָּל־זְכוּרָ֖הּ לְפִי־חָֽרֶב׃ (יד) רַ֣ק הַ֠נָּשִׁים וְהַטַּ֨ף וְהַבְּהֵמָ֜ה וְכֹל֩ אֲשֶׁ֨ר יִהְיֶ֥ה בָעִ֛יר כָּל־שְׁלָלָ֖הּ תָּבֹ֣ז לָ֑ךְ וְאָֽכַלְתָּ֙ אֶת־שְׁלַ֣ל אֹיְבֶ֔יךָ אֲשֶׁ֥ר נָתַ֛ן יְהוָ֥ה אֱלֹהֶ֖יךָ לָֽךְ׃ (טו) כֵּ֤ן תַּעֲשֶׂה֙ לְכָל־הֶ֣עָרִ֔ים הָרְחֹקֹ֥ת מִמְּךָ֖ מְאֹ֑ד אֲשֶׁ֛ר לֹא־מֵעָרֵ֥י הַגּֽוֹיִם־הָאֵ֖לֶּה הֵֽנָּה׃ (טז) רַ֗ק מֵעָרֵ֤י הָֽעַמִּים֙ הָאֵ֔לֶּה אֲשֶׁר֙ יְהוָ֣ה אֱלֹהֶ֔יךָ נֹתֵ֥ן לְךָ֖ נַחֲלָ֑ה לֹ֥א תְחַיֶּ֖ה כָּל־נְשָׁמָֽה׃ (יז) כִּֽי־הַחֲרֵ֣ם תַּחֲרִימֵ֗ם הַחִתִּ֤י וְהָאֱמֹרִי֙ הַכְּנַעֲנִ֣י וְהַפְּרִזִּ֔י הַחִוִּ֖י וְהַיְבוּסִ֑י כַּאֲשֶׁ֥ר צִוְּךָ֖ יְהוָ֥ה אֱלֹהֶֽיךָ׃ (יח) לְמַ֗עַן אֲשֶׁ֨ר לֹֽא־יְלַמְּד֤וּ אֶתְכֶם֙ לַעֲשׂ֔וֹת כְּכֹל֙ תּֽוֹעֲבֹתָ֔ם אֲשֶׁ֥ר עָשׂ֖וּ לֵֽאלֹהֵיהֶ֑ם וַחֲטָאתֶ֖ם לַיהוָ֥ה אֱלֹהֵיכֶֽם׃ (ס)
(10) When you approach a town to attack it, you shall offer it terms of peace. (11) If it responds peaceably and lets you in, all the people present there shall serve you at forced labor. (12) If it does not surrender to you, but would join battle with you, you shall lay siege to it; (13) and when the LORD your God delivers it into your hand, you shall put all its males to the sword. (14) You may, however, take as your booty the women, the children, the livestock, and everything in the town—all its spoil—and enjoy the use of the spoil of your enemy, which the LORD your God gives you. (15) Thus you shall deal with all towns that lie very far from you, towns that do not belong to nations hereabout. (16) In the towns of the latter peoples, however, which the LORD your God is giving you as a heritage, you shall not let a soul remain alive. (17) No, you must proscribe them—the Hittites and the Amorites, the Canaanites and the Perizzites, the Hivites and the Jebusites—as the LORD your God has commanded you, (18) lest they lead you into doing all the abhorrent things that they have done for their gods and you stand guilty before the LORD your God.

(א) אֵין עוֹשִׂין מִלְחָמָה עִם אָדָם בָּעוֹלָם עַד שֶׁקּוֹרְאִין לוֹ שָׁלוֹם. אֶחָד מִלְחֶמֶת הָרְשׁוּת וְאֶחָד מִלְחֶמֶת מִצְוָה. שֶׁנֶּאֱמַר (דברים כ, י) "כִּי תִקְרַב אֶל עִיר לְהִלָּחֵם עָלֶיהָ וְקָרָאתָ אֵלֶיהָ לְשָׁלוֹם". אִם הִשְׁלִימוּ וְקִבְּלוּ שֶׁבַע מִצְוֹת שֶׁנִּצְטַוּוּ בְּנֵי נֹחַ עֲלֵיהֶן אֵין הוֹרְגִין מֵהֶן נְשָׁמָה וַהֲרֵי הֵן לְמַס. שֶׁנֶּאֱמַר (דברים כ, יא) "יִהְיוּ לְךָ לָמַס וַעֲבָדוּךָ". קִבְּלוּ עֲלֵיהֶן הַמַּס וְלֹא קִבְּלוּ הָעַבְדוּת אוֹ שֶׁקִּבְּלוּ הָעַבְדוּת וְלֹא קִבְּלוּ הַמַּס. אֵין שׁוֹמְעִין לָהֶם עַד שֶׁיְּקַבְּלוּ שְׁנֵיהֶם. וְהָעַבְדוּת שֶׁיְּקַבְּלוּ הוּא שֶׁיִּהְיוּ נִבְזִים וּשְׁפָלִים לְמַטָּה וְלֹא יָרִימוּ רֹאשׁ בְּיִשְׂרָאֵל אֶלָּא יִהְיוּ כְּבוּשִׁים תַּחַת יָדָם. וְלֹא יִתְמַנּוּ עַל יִשְׂרָאֵל לְשׁוּם דָּבָר שֶׁבָּעוֹלָם. וְהַמַּס שֶׁיְּקַבְּלוּ שֶׁיִּהְיוּ מוּכָנִים לַעֲבוֹדַת הַמֶּלֶךְ בְּגוּפָם וּמָמוֹנָם. כְּגוֹן בִּנְיַן הַחוֹמוֹת. וְחֹזֶק הַמְּצוּדוֹת. וּבִנְיַן אַרְמוֹן הַמֶּלֶךְ וְכַיּוֹצֵא בּוֹ. שֶׁנֶּאֱמַר (מלכים א ט, טו) "וְזֶה דְבַר הַמַּס אֲשֶׁר הֶעֱלָה הַמֶּלֶךְ שְׁלֹמֹה לִבְנוֹת אֶת בֵּית ה' וְאֶת בֵּיתוֹ וְאֶת הַמִּלּוֹא וְאֵת חוֹמַת יְרוּשָׁלָםִ" (מלכים א ט, יט) "וְאֵת כָּל עָרֵי הַמִּסְכְּנוֹת אֲשֶׁר הָיוּ לִשְׁלֹמֹה" (מלכים א ט, כ) "כָּל הָעָם הַנּוֹתָר מִן הָאֱמֹרִי" (מלכים א ט, כא) "וַיַּעֲלֵם שְׁלֹמֹה לְמַס עֹבֵד עַד הַיּוֹם הַזֶּה" (מלכים א ט, כב) "וּמִבְּנֵי יִשְׂרָאֵל לֹא נָתַן שְׁלֹמֹה עָבֶד כִּי הֵם אַנְשֵׁי הַמִּלְחָמָה וַעֲבָדָיו וְשָׂרָיו וְשָׁלִישָׁיו וְשָׂרֵי רִכְבּוֹ וּפָרָשָׁיו":

(ב) וְיֵשׁ לַמֶּלֶךְ לְהַתְנוֹת עִמָּהֶם שֶׁיִּקַּח חֲצִי מָמוֹנָם אוֹ הַקַּרְקָעוֹת וְיַנִּיחַ כָּל הַמִּטַּלְטְלִין אוֹ הַמִּטַּלְטְלִים וְיַנִּיחַ הַקַּרְקָעוֹת כְּפִי מַה שֶּׁיַּתְנֶה:

(ג) וְאָסוּר לְשַׁקֵּר בִּבְרִיתָם וּלְכַזֵּב לָהֶם אַחַר שֶׁהִשְׁלִימוּ וְקִבְּלוּ שֶׁבַע מִצְוֹת:

(ד) וְאִם לֹא הִשְׁלִימוּ אוֹ שֶׁהִשְׁלִימוּ וְלֹא קִבְּלוּ שֶׁבַע מִצְוֹת. עוֹשִׂין עִמָּהֶם מִלְחָמָה וְהוֹרְגִין כָּל הַזְּכָרִים הַגְּדוֹלִים. וּבוֹזְזִין כָּל מָמוֹנָם וְטַפָּם. וְאֵין הוֹרְגִין אִשָּׁה וְלֹא קָטָן שֶׁנֶּאֱמַר (דברים כ, יד) "וְהַנָּשִׁים וְהַטָּף" זֶה טַף שֶׁל זְכָרִים. בַּמֶּה דְּבָרִים אֲמוּרִים בְּמִלְחֶמֶת הָרְשׁוּת שֶׁהוּא עִם שְׁאָר הָאֻמּוֹת. אֲבָל שִׁבְעָה עֲמָמִין וַעֲמָלֵק שֶׁלֹּא הִשְׁלִימוּ אֵין מַנִּיחִין מֵהֶם נְשָׁמָה שֶׁנֶּאֱמַר (דברים כ, טו) "כֵּן תַּעֲשֶׂה לְכָל" וְגוֹ' (דברים כ, טז) "רַק מֵעָרֵי הָעַמִּים" (דברים כ, טז) "לֹא תְחַיֶּה כָּל נְשָׁמָה". וְכֵן הוּא אוֹמֵר בַּעֲמָלֵק (דברים כה, יט) "תִּמְחֶה אֶת זֵכֶר עֲמָלֵק". וּמִנַּיִן שֶׁאֵינוֹ מְדַבֵּר אֶלָּא בְּאֵלּוּ שֶׁלֹּא הִשְׁלִימוּ שֶׁנֶּאֱמַר (יהושע יא, יט) "לֹא הָיְתָה עִיר אֲשֶׁר הִשְׁלִימָה אֶל בְּנֵי יִשְׂרָאֵל בִּלְתִּי הַחִוִּי ישְׁבֵי גִבְעוֹן אֶת הַכּל לָקְחוּ בַמִּלְחָמָה" (יהושע יא, כ) "כִּי מֵאֵת ה' הָיְתָה לְחַזֵּק אֶת לִבָּם לִקְרַאת הַמִּלְחָמָה אֶת יִשְׂרָאֵל לְמַעַן הַחֲרִימָם". מִכְלַל שֶׁשָּׁלְחוּ לָהֶם לְשָׁלוֹם וְלֹא קִבְּלוּ:

(1) War is not conducted against anyone in the world until they are first offered peace (and refuse it), whether this is a Discretionary War or a War of Mitzvoh, as it says, “when you come close to the city to fight with it, you shall call to it to make peace” (Deut. 20:10). If they make peace and accept the Seven Commandments incumbent upon the Sons of Noah (Gentiles), none of them are killed, but they must pay us tribute, as it says, “and they shall be for you a tributary, and they shall serve you” (Deut. 20:11). If they propose to accept upon themselves the payment of the tribute but not servitude to us or they accept servitude but not the tribute, we ignore their proposal until they accept both. The servitude referred to here is one of disgrace and is demeaning. They are not to raise their heads up to Israel for any reason. They must be subjugated to us and may never be assigned to a Position over us. The tribute they must pay shall be for service of the king, with their bodies and their money, such as the building of the walls37Of Jerusalem. and the strengthening of fortresses and the building of the royal palace and similar, as it says, “And this is the account of the levy which King Solomon raised to build the Temple of G-d, and his palace, and Milo, and the wall of Jerusalem…and all the store-cities which Solomon had…the Emorites who remained…and Solomon imposed a head-tax, until this very day. And of the Children of Israel, Solomon made none a bondsman; but they were the soldiers and his servants and his officers and his captains and those in charge of his chariots and his horsemen” (I Kings 9:15-22).

(2) The king may make a deal with them that he can take half of their money or land and leave all their moveable goods or take their moveable goods38Or, chattel. and leave their lands. This is all in accordance with whatever arrangement he makes with them.

(3) It is forbidden for us to lie to them in their peace treaty or deceive them after they have made peace and have accepted the Seven Commandments.

(4) If they do not come to peaceful terms or they make peace but do not accept the Seven Commandments, we engage in war against them and slay all their adult males. We take all their money and children as spoils. We do not kill the women or minors, as it says, “the women and the children” (see Deut. 20:14 and 2:34) which means the male children. To what do we refer? To a Discretionary War with one of the other nations. However, with one of the Seven Nations or with Amalek who do not make peace, we leave no soul alive, as it says, “so you shall do with everyone…only of the cities of the nations…do not leave alive any soul” (Deut. 20:15-16), and regarding Amalek it says, “erase the memory of Amalek” (Deut. 25:19). How do we know that this is referring to those who do not make peace with us? For it says, “there was no city which came to peace with the Children of Israel except the Chivites, dwellers of Givon. Everything, they took in the war. For from G-d their hearts were strengthened to the call of war with Israel, so that they may be destroyed.” (Joshua 11:19-20). They were offered peace, and refused.

FROM POWER, WAR AND PEACE IN JEWISH TRADITION

BY DAVID M. ELCOTT

VIII. FIRST ENCOUNTERS OF THE VIOLENT KIND

The Torah offers great insight into the creation of the universe and the life, which inhabits it. At the end of creation, human beings me formed and given extraordinary intrinsic value:

And God created a human (being) in (God's) image. In the divine image God created the human...

And God saw all that (God) had made, and found it very good.

(Genesis: 27, 31)

If humanity is Godlike, then to take a life is in some way an attack on God. We see that clearly in God's response to Cain after murdering Abel, his brother:

Then God said: What have you done? Your brother's blood cries out to me from the ground! Therefore, you shall be more cursed that the ground which opened its mouth to receive your brother's blood from your hand.

(Genesis 4: 10-11)

Later, after the great Flood which should have wiped out all evil in the world, a fundamental Jewish principle seems to be stated:

Whoever sheds the blood of a human being By human beings shall his blood be shed; For in the divine image did God make humanity

(Genesis 9: 6)

From this view the rabbis could make the claim that one who destroys a single individual is as if that person destroyed the whole world (Sanhedrin 4:5).

Unfortunately for us all, although the principle seems clearly stated, human beings persist in following the behavior of the ancestor Cain. In spite of God's words, they are not very good listeners.

QUESTIONS TO CONSIDER

  1. What do you think the rabbis meant when they said, "One who spills blood is as if that person has diminished the divine image.”? (Mekhilta Shemot 20: 13)'1

  2. There is a paradox in the Torah's response to murder. According to Genesis 9:6 after the Flood, the response to murder is to kill the murderer. How can the Torah justify killing the murderer if killing another person is forbidden'?

IX. THE BIBLE LOOKS AT WAR

There seems to be such clear and unequivocal value placed on human life. A part of each human being is Godlike and to murder one human being is to destroy the world. Even though we know from the Bible that the Israelites fought wars, we should wonder how war could ever be sanctioned. The Torah does not answer this question directly but sets rules for how war shall be fought.

To get a sense of Jewish views on war, we generally begin with the rules of warfare found in the Torah. Below are the central biblical statements about war and its limits. The text is found in the first eighteen verses of chapter 20 from the Book of Deuteronomy.

SECTION 1

When you take the field against your enemies and see the horses and chariots-forces larger than yours-shave no fear of them, for the Lord your God, who brought you from the land of Egypt, is with you. Before you engage in battle, the priest shall come forward and address the troops. He shall say to them, "Hear, O Israel, You are about to join battle with your enemy. Let not your courage falter. Do not be in panic, or in dread of them. For it is the Lord your God who marches with you to do battle for you against your enemy, to bring you victory."

(Deuteronomy 20: 1-4)

QUESTIONS TO CONSIDER

  1. According to the opening paragraph, war is not a secular (non-religious activity). We are told to fight with God on our side. Can you make an argument in favor of the priest's proclamation to the Israelite soldiers? Can you make an argument against having the priest say those words?

  2. Do you think that Israeli soldiers fighting for Israel should see themselves as doing a mitzvah? How about Jewish-American soldiers who would fight in the Persian Gulf?

  3. Can war (and the killing that goes with it) be a mitzvah'!

SECTION 2

Based on our initial reading, we sense a potential contradiction with these new texts about war. We could presume that war is a great and absolute virtue-we do God's will when we fight alongside God. Nothing should be allowed to get in the way of doing God's will when we fight in God's name. Yet we can deduce from the next paragraph that there are multiple values in the Torah. There is a limitation on who should fight and when he should be obligated to fight. The next section offers a provision for a man to receive an exemption from fighting a war even if the war is in the name of God:

Then the officials shall address the troops as follows: "Is there anyone who has built a new house but has not dedicated it? Let him go back to his home, lest he die in battle and another dedicate it. Is there anyone who has planted a vineyard but has never harvested it? Let him go back to his home, lest he die in battle and another will initiate it. Is there anyone who has spoken for a woman in marriage but who has not yet married her? Let him go back to his home lest he die in battle and another marry her."

The official shall go on addressing the troops and say, "Is there anyone afraid and disheartened? Let him go back to his home, lest the courage of his comrades be less because of him." When the officials have finished addressing the troops, army commanders shall assume command of the troops.

(Deuteronomy 20:5-t)

QUESTIONS TO CONSIDER

  1. The Torah lists exemptions for a number of individuals. In essence, the Torah claims that there are values even more important than fighting a war in the name of God. Can you list the values we infer from the paragraph just read?

  2. Is there a common denominator for the exemptions?

  3. Can you deduce a rationale for the exemptions?

  4. What would be comparable exemptions today?

  5. Do you think that exemptions which provide that some people fight while others do not is fair and democratic?

SECTION 3

We now enter a very problematic text for us. To do so, we will not only read the Torah itself, but we will also examine some responses of the Rabbis of the Mishnah and Talmud as well as some of the medieval commentators who lived far away from Eretz Israel and political freedom. We do this not to give you an answer, but to help us understand how different generations of our people read the very same text we are studying. Through this process, we can sit at the same table as great Jewish leaders and thinkers of the past 2,500 years and participate in a discussion and analysis of Jewish views toward war.

Rather than attempt an explanation in advance, I would like you to read the following verses exactly as they are written in the Torah.

When you approach a town to attack it...if it does not surrender to you, but would join in battle with you, you shall lay siege to it; and when the Lord your God delivers it into your hand, you shall put all its males to the sword. You may, however, take as your booty the women, children, the livestock and everything in the town-wall its spoils-rand enjoy the use of the spoils of your enemy which the Lord your God gives you. Thus shall you deal with all the towns that lie very far from you, towns that do not belong to the nations close by.

(Deuteronomy 20:12-16)

There are many questions we would want answered before we could respond to this paragraph. What type of war is this? Why did they have to fight? Who started the fighting? What happens if the besieged city refuses to fight? What difference does it make if the city is very far away or if it is close by?

X. _ NOT ALL WARS ARE THE SAME

We already have a hint that the Bible distinguishes between different types of wars between nations in the same way it distinguishes between different types of violence against individuals (we distinguish between homicide, manslaughter, self-defense killing, and state- sanctioned capital punishment). Wars may look the same, but whether or not they are "right" is a question that remains as real for us today in America as it did for the Israelites 3,000 years ago.

There are two general categories of warfare that the rabbis and later commentators find based on reading the Bible:

MILHEMET MITZVAH

  • translates: a war of mitzvah; a commanded war ordained by God in the Torah

  • ordained by God in the Torah

  • protects the physical and spiritual survival of Jews

  • everyone must fight

  • can be called by a king or president or general

MILHEMET RESHUT

  • translates: a discretionary war

  • a voluntary war limited by the Torah

  • allows for expansion or increased power or booty (oil, land, power, influence)

  • exemptions for soldiers can be called by a king or president or general

QUESTIONS TO CONSIDER

  1. Before we look at the commentators' views, can you give an example (either from history or a hypothetical case) of a Milhemet Mitzvah'!

  2. Can you give an example of a Milhemet Reshutt

  3. Does everyone else agree with your examples? Can we always know the difference?

XI. HOW CAN WAR EVER BE A MITZVAH?

When we think of Hitler, we know in our gut that killing him was the right thing to do. We might claim that the other officers of the Nazi Third Reich needed to die as well. We probably would have few moral qualms about the deaths of members of the SS who so cruelly butchered Jews in Eastern Europe. But then we may wonder about the common foot soldier who was drafted into the army. And how about the women and children who lived in the towns firebombed by the Allies? Considering how other people murdered Jews in the name of their gods, it is all right that we have some nervousness over anyone who tells us that war is a mitzvah, Just the same, if we are going to take power into our hands-vas Jews connected with Israel and as Jewish citizens of the United States or Canada-we cannot run away from the moral dilemmas of war.

It is generally agreed in Jewish sources that there are three types of commanded wars-- Milhemet Mitzvah- in the Torah. You may even know the biblical stories that describe those wars:

1) Joshua's war of conquest against the seven nations who lived in Eretz Israel:

"Then Joshua conquered the whole country… he let none escape, but cut down everything that breathed, as the Lord, the God of Israel, had commanded (Joshua 10:40).

2) The war against the nation of Amalek: "The Lord will be at war with Amalek forever, throughout the generations (Exodus 17:16).

3) A defensive war against an already launched attack.

The first category of Milhemet Mitzvah sounds like most other wars of conquest in world history-to conquer land and take power, any brutality is allowed. The Torah gives a reason for such violence when it claims that Joshua must annihilate the inhabitants, "Lest they lead you into doing all the abhorrent things that they have done for their gods" (Deuteronomy 20: 18).

The second category is clearer. When the Israelites were in the Sinai desert, the Amalekites attacked them from behind, purposely killing the vulnerable women and children. The name Amalek soon became a synonym for evil incarnate, the eternal enemy who will use any means to try and destroy the Jewish people.

The third category is derived more from logic than any specific text in the Torah. Self- defense, if clearly proven, is always a legitimate defense. The traditional view, developed in an age of very slow, foot soldier wars, is that a defensive war is a mitzvah if it is fought against an already launched attack.

QUESTIONS TO CONSIDER

  1. The Torah is afraid for the religiously weak Israelites when they enter the pagan world of Eretz Israel. (We may want to think in terms of drug dealers giving free drugs in grade school.) What, if anything, would you consider to be so evil and abhorrent that you could justify a war (or capital punishment, for that matter)'!

  2. The second and third category seem similar since the Israelites in the desert had to fight the Amalekites in self-defense. But the Torah commands that the war with Amalek will continue forever until every Amalekite is dead. How can we justify attacking the next generation? (You can see how the Bible deals with this. Check out the Book of Samuel J, chapter 15 and the Book of Esther, chapter 3.)

  3. Many peoples have waged holy civil wars. Can a Jew wage a Milhemet Mitzvah against another Jew?

XII. EVEN THE BIBLE AND THE RABBIS HAD A PROBLEM

We often think that being a religious leader means that you believe everything in the Bible and follow all the rules. Well, sometimes those who love Torah a great deal are troubled by the text. If you were unhappy with the command to kill every Amalekite or to wipe out the Canaanite women and children, you are in good company. The Bible itself tells us that the policy of genocide was never implemented. In Chronicles 1I (8:7-8), a history of the Jewish people in biblical times, it is clearly stated that there were Canaanites left who worked for King Solomon and were still pagans.

In the Talmud, the rabbis note that the seven condemned pagan nations have been scattered by repeated conquest (B. Yoma 54a). By the time we reach the famous legal work called the Mishnah Torah, Maimonides states that the original inhabitants of Canaan (the nations Israel is commanded to destroy) no longer exist. Furthermore, the Millhemet Mitzvah against the seven Canaanite cannot be applied to any other nation or people, even if they inhabit Eretz Israel (Hilkhot Melakhim 5:4). The second category of mandatory wars, that of the war to the death against the Amalekites, was rendered harmless by claiming they no longer exist or that God will fight them directly in messianic times (B. Yoma 54a).

In other words, our tradition did not deny the authenticity of the original command to destroy the seven Canaanite tribes that occupied Eretz Israel as well as the Amalekites, but denied the right of Jews to use those commands to ever attack any other people.

QUESTIONS TO CONSIDER

  1. Why do you think the rabbis prohibited genocide as an option for offensive war?

  2. If the rabbis found the notion of genocide offensive, why did they not claim that genocide is evil and unethical and simply prohibit it?

XIII. SO WHAT'S LEFT TO FIGHT ABOUT?

Although the Torah has God commanding Joshua to wipe out every man, woman, and child from among the seven nations, we now know that this did not happen. By the time of the rabbis, the first two categories of Milhemet Mitzvah--against the seven nations and against the Amalekites--are no longer considered applicable. That leaves only a defensive war as a basis for a Milhemet Mitzvah, a war you are obligated to fight. Of course, there still is the category of Milhemet Reshut, a discretionary war fought for power, territory or wealth. Let us move to distinguish between them.

We can begin our investigation with two events in the life of David, the great hero king of Israel and from whom, tradition holds, the messiah will descend.

CASE I

David was told: "The Philistines are raiding Keilah and plundering the threshing floors" ... David and his men went to Keilah and fought against the Philistines, he drove off their cattle and inflicted a severe defeat on them. Thus David saved the inhabitants of Keilah (I Samuel 23: 1-5).

CASE II

At the turn of the year, the season when kings go out (to battle), David sent Joab with his officers and all Israel with him, and they devastated Ammon and besieged Rabbah., (Then) David mustered all the troops and marched on Rabbah, and he attacked it and captured it. The crown was taken from the head of their kings and it was placed on David's head ... He also carried off a vast amount of booty from the city (II Samuel 11: 1; 12:29-30)

QUESTIONS TO CONSIDER

  1. What criteria make the first case, the defense of the Judean (a section of Israel) town of Keilah, clearly a Milhemet Mitzvah?

  2. What statements in the text of the second case indicate that David's conquest of Rabbah was a Milhemet Reshut?

  3. Based on our earlier discussion of Jews, Judaism and power, do we have a convincing argument that David's behavior was properly Jewish in fighting the Philistines? What about in conquering Rabbah?

Scholars of the Medieval period argued strenuously over exactly such issues. They were debating what we today call a preemptive attack (an attack in anticipation of being attacked by your enemy). They did not agree whether a preemptive attack was a Milhemet Reshut or a Milhemet Mitzvah. Read the discussion based on the Torah text in the middle (see page 19)…

XV. MILHEMET RESHUT: A DISCRETIONARY WAR

Up until now, we have avoided the case of a Milhemet Reshut. Our first reaction to a Milhemet Reshut, perhaps conditioned by our long history of powerlessness and United States' experience in Vietnam, may be very negative. Why fight a war if you are not under the threat of military attack? We should be able to imagine some cases where, at least, a discussion about the value of fighting a war could be legitimate. Here is a partial list.

  • In a non-military attempt to hurt us, another nation could prevent us from receiving or buying natural resources critical to our defense.

  • An enemy closes the only shipping route or forces the price so high that our economy would collapse.

  • A neighboring nation diverts the water supply so that you would have no water resources, causing drought.

  • Citizens of our nation are captured as hostages or brutally attacked by another nation.

  • A national border was determined by a victorious foreign power. Decades later the nation fights to readjust that border.

  • A nation declares war to protect an ally even though it may not directly be for self-defense.

  • Your country is landlocked and has no outlet to the sea so you fight to readjust the border and gain a port.

  • Refugees from your neighbors are pouring into your country and you need more space for them to live.

As you read the cases listed, you probably could think of a number of real life situations that match the circumstances described. If not, ask around and see if others recognized these cases.

QUESTIONS TO CONSIDER

  1. What is your gut reaction to the cases listed above? Do any of them warrant fighting about?

  2. Can you make a case against your gut reaction?

  3. In cases such as those listed above, who should make the decision to fight?

“Ruach Tzahal” , the values of the Israel Defense Forces

https://www.idfinfo.co.il/about/idf/

“Ruach Tzahal (Literally, 'Spirit of the IDF') represents the values of the Israel Defense Forces and stands as the foundation for the responsibilities of Israel's army. This overarching ethical code, and the guidelines and operation resulting from it, shape the mode of action applied by all IDF soldiers and units, both in peace and at war.

During basic training, every IDF soldier studies and analyzes the code of ethics together with their commanders. It is customary for a framed copy of the code to be hung in every commanders office as a constant reminder of the IDF's values and guidelines.

Stated Values of the IDF

RUACH TZAHAL (רוח צה”ל)

The document defines three core values for all IDF soldiers to follow, as well as ten secondary values (the first being most important, and the others appearing sorted in Hebrew alphabetical order):

Core values

  • Defense of the State, its Citizens and its Residents – “The IDF’s goal is to defend the existence of the State of Israel, its independence and the security of the citizens and residents of the state.”

  • Love of the Homeland and Loyalty to the Country – “At the core of service in the IDF stand the love of the homeland and the commitment and devotion to the State of Israel-a democratic state that serves as a national home for the Jewish People-its citizens and residents.”

  • Human Dignity – “The IDF and its soldiers are obligated to protect human dignity. Every human being is of value regardless of his or her origin, religion, nationality, gender, status or position.”

Other Values

  • Tenacity of Purpose in Performing Missions and Drive to Victory – “The IDF servicemen and women will fight and conduct themselves with courage in the face of all dangers and obstacles; They will persevere in their missions resolutely and thoughtfully even to the point of endangering their lives.”

  • Responsibility – “The IDF servicemen or women will see themselves as active participants in the defense of the state, its citizens and residents. They will carry out their duties at all times with initiative, involvement and diligence with common sense and within the framework of their authority, while prepared to bear responsibility for their conduct.”

  • Credibility – “The IDF servicemen and women shall present things objectively, completely and precisely, in planning, performing and reporting. They will act in such a manner that their peers and commanders can rely upon them in performing their tasks.”

  • Personal Example – “The IDF servicemen and women will comport themselves as required of them, and will demand of themselves as they demand of others, out of recognition of their ability and responsibility within the military and without to serve as a deserving role model.”

  • Human Life – “The IDF servicemen and women will act in a judicious and safe manner in all they do, out of recognition of the supreme value of human life. During combat they will endanger themselves and their comrades only to the extent required to carry out their mission.”

  • Purity of Arms – “The soldier shall make use of his weaponry and power only for the fulfillment of the mission and solely to the extent required; he will maintain his humanity even in combat. The soldier shall not employ his weaponry and power in order to harm non-combatants or prisoners of war, and shall do all he can to avoid harming their lives, body, honor and property.”

  • Professionalism – “The IDF servicemen and women will acquire the professional knowledge and skills required to perform their tasks, and will implement them while striving continuously to perfect their personal and collective achievements.”

  • Discipline – “The IDF servicemen and women will strive to the best of their ability to fully and successfully complete all that is required of them according to orders and their spirit. IDF soldiers will be meticulous in giving only lawful orders, and shall refrain from obeying blatantly illegal orders.”

  • Comradeship – “The IDF servicemen and women will act out of fraternity and devotion to their comrades, and will always go to their assistance when they need their help or depend on them, despite any danger or difficulty, even to the point of risking their lives.”

  • Sense of Mission – “The IDF soldiers view their service in the IDF as a mission; They will be ready to give their all in order to defend the state, its citizens and residents. This is due to the fact that they are representatives of the IDF who act on the basis and in the framework of the authority given to them in accordance with IDF orders.”

SESSION THREE: PRISONERS OF WAR

(י) כִּֽי־תֵצֵ֥א לַמִּלְחָמָ֖ה עַל־אֹיְבֶ֑יךָ וּנְתָנ֞וֹ יְהוָ֧ה אֱלֹהֶ֛יךָ בְּיָדֶ֖ךָ וְשָׁבִ֥יתָ שִׁבְיֽוֹ׃ (יא) וְרָאִיתָ֙ בַּשִּׁבְיָ֔ה אֵ֖שֶׁת יְפַת־תֹּ֑אַר וְחָשַׁקְתָּ֣ בָ֔הּ וְלָקַחְתָּ֥ לְךָ֖ לְאִשָּֽׁה׃ (יב) וַהֲבֵאתָ֖הּ אֶל־תּ֣וֹךְ בֵּיתֶ֑ךָ וְגִלְּחָה֙ אֶת־רֹאשָׁ֔הּ וְעָשְׂתָ֖ה אֶת־צִפָּרְנֶֽיהָ׃ (יג) וְהֵסִ֩ירָה֩ אֶת־שִׂמְלַ֨ת שִׁבְיָ֜הּ מֵעָלֶ֗יהָ וְיָֽשְׁבָה֙ בְּבֵיתֶ֔ךָ וּבָֽכְתָ֛ה אֶת־אָבִ֥יהָ וְאֶת־אִמָּ֖הּ יֶ֣רַח יָמִ֑ים וְאַ֨חַר כֵּ֜ן תָּב֤וֹא אֵלֶ֙יהָ֙ וּבְעַלְתָּ֔הּ וְהָיְתָ֥ה לְךָ֖ לְאִשָּֽׁה׃ (יד) וְהָיָ֞ה אִם־לֹ֧א חָפַ֣צְתָּ בָּ֗הּ וְשִׁלַּחְתָּהּ֙ לְנַפְשָׁ֔הּ וּמָכֹ֥ר לֹא־תִמְכְּרֶ֖נָּה בַּכָּ֑סֶף לֹא־תִתְעַמֵּ֣ר בָּ֔הּ תַּ֖חַת אֲשֶׁ֥ר עִנִּיתָֽהּ׃ (ס)
(10) When you take the field against your enemies, and the LORD your God delivers them into your power and you take some of them captive, (11) and you see among the captives a beautiful woman and you desire her and would take her to wife, (12) you shall bring her into your house, and she shall trim her hair, pare her nails, (13) and discard her captive’s garb. She shall spend a month’s time in your house lamenting her father and mother; after that you may come to her and possess her, and she shall be your wife. (14) Then, should you no longer want her, you must release her outright. You must not sell her for money: since you had your will of her, you must not enslave her.

(ב) וְכֵן בּוֹעֵל אִשָּׁה בְּגֵיוּתָהּ אִם תְּקָפוֹ יִצְרוֹ. אֲבָל לֹא יִבְעָלֶנָּה וְיֵלֵךְ לוֹ. אֶלָּא מַכְנִיסָהּ לְתוֹךְ בֵּיתוֹ. שֶׁנֶּאֱמַר (דברים כא, יא) "וְרָאִיתָ בַּשִּׁבְיָה אֵשֶׁת יְפַת תֹּאַר". וְאָסוּר לִבְעל אוֹתָהּ בִּיאָה שְׁנִיָּה עַד שֶׁיִּשָּׂאֶנָּה:

(ג) אֵין אֵשֶׁת יְפַת תֹּאַר מֻתֶּרֶת אֶלָּא בִּשְׁעַת הַשִּׁבְיָה. שֶׁנֶּאֱמַר (דברים כא, יא) "וְרָאִיתָ בַּשִּׁבְיָה". בֵּין בְּתוּלָה בֵּין בְּעוּלָה בֵּין אֵשֶׁת אִישׁ. שֶׁאֵין אִישׁוּת לְעַכּוּ''ם. וְחָשַׁקְתָּ אַף עַל פִּי שֶׁאֵינָהּ יָפָה. בָהּ וְלֹא בַּחֲבֶרְתָּהּ שֶׁלֹּא יִבְעל שְׁתַּיִם. וְלָקַחְתָּ לְךָ לְאִשָּׁה שֶׁלֹּא יִקַּח שְׁתַּיִם וְיִבְעל אַחַת וְיַנִּיחַ אַחַת לְאָבִיו אוֹ לְאָחִיו. וּמִנַּיִן שֶׁלֹּא יִלְחָצֶנָּה בַּמִּלְחָמָה. שֶׁנֶּאֱמַר (דברים כא, יב) "וַהֲבֵאתָהּ אֶל תּוֹךְ בֵּיתֶךָ". יַכְנִיסָהּ לְמָקוֹם וְאַחַר כָּךְ יִבְעל:

(ד) הַכֹּהֵן מֻתָּר בִּיפַת תֹּאַר בְּבִיאָה רִאשׁוֹנָה. שֶׁלֹּא דִּבְּרָה תּוֹרָה אֶלָּא כְּנֶגֶד הַיֵּצֶר. אֲבָל אֵינוֹ יָכוֹל לִשָּׂאֶנָּה אַחַר כָּךְ מִפְּנֵי שֶׁהִיא גִּיֹּרֶת:

(ה) וְכֵיצַד דִּין יִשְׂרָאֵל בִּיפַת תֹּאַר. אַחֲרֵי שֶׁיִּבְעָלֶנָּה בִּיאָה רִאשׁוֹנָה וְהִיא בְּגֵיוּתָהּ אִם קִבְּלָה עָלֶיהָ לְהִכָּנֵס תַּחַת כַּנְפֵי הַשְּׁכִינָה מַטְבִּילָהּ לְשֵׁם גֵּרוּת מִיָּד. וְאִם לֹא קִבְּלָה תֵּשֵׁב בְּבֵיתוֹ שְׁלֹשִׁים יוֹם. שֶׁנֶּאֱמַר (דברים כא, יג) "וּבָכְתָה אֶת אָבִיהָ וְאֶת אִמָּהּ יֶרַח יָמִים". וְכֵן בּוֹכָה עַל דָּתָהּ וְאֵינוֹ מוֹנְעָהּ. וּמְגַדֶּלֶת אֶת צִפָּרְנֶיהָ. וּמְגַלַּחַת אֶת רֹאשָׁהּ כְּדֵי שֶׁתִּתְגַּנֶּה בְּעֵינָיו. וְתִהְיֶה עִמּוֹ בַּבַּיִת. נִכְנָס וְרוֹאֶה אוֹתָהּ. יוֹצֵא וְרוֹאֶה אוֹתָהּ. כְּדֵי שֶׁיָּקוּץ בָּהּ. וּמְגַלְגֵּל עִמָּהּ כְּדֵי שֶׁתְּקַבֵּל. אִם קִבְּלָה וְרָצָה בָּהּ. הֲרֵי זוֹ מִתְגַיֶּרֶת וְטוֹבֶלֶת כְּכָל הַגֵּרִים:

(ו) וּצְרִיכָה לְהַמְתִּין שְׁלֹשָׁה חֳדָשִׁים. חֹדֶשׁ שֶׁל בְּכִיָּה וּשְׁנֵי חֳדָשִׁים אַחֲרָיו. וְנוֹשְׂאָהּ בִּכְתֻבָּה וְקִדּוּשִׁין. אִם לֹא חָפֵץ בָּהּ מְשַׁלְּחָהּ לְנַפְשָׁהּ. וְאִם מְכָרָהּ עוֹבֵר בְּלֹא תַּעֲשֶׂה שֶׁנֶּאֱמַר (דברים כא, יד) "וּמָכֹר לֹא תִמְכְּרֶנָּה בַּכָּסֶף". [וְאִם מְכָרָהּ] אֵינָהּ מְכוּרָה וּמַחֲזִיר הַדָּמִים. וְכֵן אִם כְּבָשָׁהּ אַחַר שֶׁנִּבְעֲלָה לְשֵׁם שִׁפְחָה מִשֶּׁיִּשְׁתַּמֵּשׁ בָּהּ עוֹבֵר בְּלֹא תַּעֲשֶׂה. שֶׁנֶּאֱמַר (דברים כא, יד) "לֹא תִתְעַמֵּר בָּהּ" שֶׁלֹּא יִשְׁתַּמֵּשׁ בָּהּ:

(ז) לֹא רָצְתָה לְהִתְגַּיֵּר מְגַלְגְּלִין עִמָּהּ שְׁנֵים עָשָׂר חֹדֶשׁ. לֹא רָצְתָה מְקַבֶּלֶת שֶׁבַע מִצְוֹת שֶׁנִּצְטַוּוּ בְּנֵי נֹחַ וּמְשַׁלְּחָהּ לְנַפְשָׁהּ. וַהֲרֵי הִיא כְּכָל הַגֵּרִים הַתּוֹשָׁבִים. וְאֵינוֹ נוֹשְׂאָהּ שֶׁאָסוּר לִשָּׂא אִשָּׁה שֶׁלֹּא נִתְגַּיְּרָה:

(ח) נִתְעַבְּרָה מִבִּיאָה רִאשׁוֹנָה הֲרֵי הַוָּלָד גֵּר. וְאֵינוֹ בְּנוֹ לְדָבָר מִן הַדְּבָרִים מִפְּנֵי שֶׁהוּא מִן הָעַכּוּ''ם. אֶלָּא בֵּית דִּין מַטְבִּילִין אוֹתוֹ עַל דַּעְתָּם. וְתָמָר מִבִּיאָה רִאשׁוֹנָה שֶׁל יְפַת תֹּאַר הָיְתָה. אֲבָל אַבְשָׁלוֹם נוֹלַד מֵאַחַר הַנִּשּׂוּאִין. נִמְצֵאת תָּמָר אֲחוֹת אַבְשָׁלוֹם מֵאִמּוֹ וּמֻתֶּרֶת לְהִנָּשֵׂא לְאַמְנוֹן. וְכֵן הוּא אוֹמֵר (שמואל ב יג, יג) "דַּבֶּר נָא אֶל הַמֶּלֶךְ כִּי לֹא יִמְנָעֵנִי מִמֶּךָּ":

(ט) יְפַת תֹּאַר שֶׁלֹּא רָצְתָה לְהָנִיחַ עֲבוֹדָה זָרָה אַחַר הַשְּׁנֵים עָשָׂר חֹדֶשׁ. הוֹרְגִין אוֹתָהּ. וְכֵן עִיר שֶׁהִשְׁלִימָה אֵין כּוֹרְתִין לָהֶן בְּרִית עַד שֶׁיִּכְפְּרוּ בַּעֲבוֹדָה זָרָה וִיאַבְּדוּ אֶת כָּל מְקוֹמוֹתֶיהָ וִיקַבְּלוּ שְׁאָר הַמִּצְוֹת שֶׁנִּצְטַוּוּ בְּנֵי נֹחַ. שֶׁכָּל עַכּוּ''ם שֶׁלֹּא קִבֵּל מִצְוֹת שֶׁנִּצְטַוּוּ בְּנֵי נֹחַ הוֹרְגִין אוֹתוֹ אִם יֶשְׁנוֹ תַּחַת יָדֵינוּ:

(2) Similarly, one may have sexual intercourse with a non-Jewish woman if his lust gets the better of him. But, he must not just have intercourse with her and go. Rather, he must take her home, as it says, “and when you see a Woman of Beauty among the captives” (Deut. 21:11). He may not have intercourse with her a second time until he marries her.

(3) The Woman of Beauty is permitted only in the hour of capture, as it says, “and you see her among the captives” (Deut. 21:11). This is applicable whether or not she is a virgin. Even if she is a married woman this Law applies since there is no concept of forbidden interpersonal relationships among the non-Jews70Actually, since they do not have the concept of “sanctification”, the Rambam is referring to relations between Jews and non-Jews. However, as far as relations between non-Jews and non-Jews are concerned, they are considered married and the prohibition against adultery is applicable for them.. From “And you desire her” (ibid.) we learn - even if she is not pretty; from “unto her” (ibid.) we learn - and not with her friend, for you may not have relations with a second one; from “and you shall take her as a wife” (ibid.) we learn - you may not take two and have relations with one and leave the other for your father or brother. From where do we know that we do not coerce her (to have relations) during the war71Probably, “out in the open”., as it says, “and you shall bring her home” (Deut. 21:12). He must take her back to the city72Lit., an open place. and only then he may have relations with her.

(4) A Kohen, too, is permitted to have this one-time intercourse with a Woman of Beauty, for the Torah only permitted this to appease the (Evil) Inclination. But he may not marry her afterwards because she will then be a convert.

(5) What are the details of the Jewish Law of the Woman of Beauty? (Even) after he has had the first intercourse with her, she still remains a non-Jewess. Now, if she accepts upon herself the Wings of the Shechinoh (Holy Presence)73I.e., she converts., she immediately74And she need not grow her fingernails long nor shave her head. immerses in a Mikveh for purposes of conversion. If she does not wish to do accept this, she sits in his house for thirty days, as it says, “and she cries for her father and mother, for a month of days” (Deut. 21:13). He does not prevent her from weeping for her religion75Which she can no longer practice.. She grows her fingernails long and shaves her head so that she will appear despicable in his eyes. She is to remain in the house with him. When he comes in, he sees her, and when he leaves, he sees her. This is done so that he will come to loathe her. He discusses matters with her in order to induce her to convert for thirty days. If she accepts and he still wants her, she converts and immerses, as do all converts.

(6) In all, she must wait three months: one month of wailing, and two months thereafter. He then may marry her with a Kesuba (marriage contract) and Kiddushin (sanctification). If he does not want her, he releases her on her own. If he sells her76As a maidservant., he violates the Negative Commandment “and you may not sell her for money, you shall not deal with her as a slave, because you have humbled her” (Deut. 21:14). The sale is invalid and he must return the money. If he first had relations with her and then seized her for the purposes of making her a maidservant, once he uses her as such, he violates a Negative Precept, as it says, “you shall not deal with her as a slave” (Deut. 21:14), that is, he must not have her serve him.

(7) If (at first) she does not want to convert, (we) talk with her repeatedly for twelve months. If she still doesn’t want to (fully) convert, she may accept the Seven Noahide commandments, and he sends her away on her own. She then has the same status as any other Resident Convert. He cannot marry her, for we cannot marry anyone who has not fully converted.

(8) If she became pregnant from their first intercourse, the child is a convert. However, it is not the father’s child in every respect77E.g. inheritance, etc., since the mother was a non-Jewess. However, the Court immerses the child with (without?) their consent78Lit., knowledge.. Tamar was born from a first intercourse with a Woman of Beauty, while Avshalom was born after the wedding. Thus Tamar was (Halochically) Avshalom’s sister on their mother’s side (only) and she was permitted to marry Amnon, as it says, “now speak with the king, for he will not withhold me from you.” (II Samuel 13:13).

(9) A Woman of Beauty who does not want to forsake (her) idolatry after the twelve months is executed. Similarly, we do not make a treaty with a city which came and made peace with us until they completely relinquish their idolatry, destroy its places, and accept the rest of the Commandments commanded of the Sons of Noah. For any non-Jew who is under our jurisdiction and fails to accept the Noahide Commandments is executed.

https://www.mahal-idf-volunteers.org/information/background/content.htm#principles

“Guiding Principles of the IDF”

“The Israeli army has a strong ethical and moral code based on the laws and institutions of the State of Israel, the traditions of the Jewish people and democratic principles. The army guarantees basic rights for its soldiers and maintains a level of morality in the conduct of war and military operations. For example, during training, the army has a commitment to guarantee a minimum of six hours sleep a night for soldiers and seven hours before soldiers undertake a combat operation, grant regular breaks to soldiers, guaranteed meals with a minimum diet and to provide clothes and housing.

Soldiers also have certain obligations. The first is the concept of 'personal example.' Being in uniform means that the soldier is a representative of the army and State and therefore both soldiers and officers are expected to set a 'personal example' by obeying the law of the land, appearing in orderly dress and not causing any public disturbance. The military police have the right to caution and even arrest any soldier deemed behaving inappropriately. The concept of 'personal example also extends to the battlefield. An officer is always expected to lead from the front. The famous cry of the officer is "aharai", after me. The fact that senior officers take frontline combat positions means Israel suffers, proportionately the highest officer to soldier casualty rate in the world. However, the IDF believes that leading by examples increases respect for the officer corps and instills greater motivation among soldiers. Soldiers are trained to take over command in a situation where an officer is killed or injured.

A second obligation is the concept of comradeship. A soldier is expected to risk his life for his fellow soldier by not deserting wounded on the battlefield. The army believes this is a vital principle to instill trust among soldiers and strengthen the sense of mission and team.

Thirdly, to avoid politicization of the army, soldiers must obtain prior permission before every public appearance. Soldiers are not allowed to accept personal gifts as a result of position, rank or status from anyone inside or outside Israel. In cases where soldiers or officers break these principles, be it in war or peacetime, military courts have the power to try and reprimand.

Fourthly, there is an important concept of professionalism. Every soldier is expected to train in a particular course, be it pilot training, snippering or cooking in order to acquire the necessary knowledge and skills to perform a meaningful task. Officers above the rank of Lieutenant Colonel have to have studied for a BA and in fact the majority of officers at that rank already have a Masters degree.

Asa Kasher, ”Opinion: I Wrote the IDF Code of Ethics – Here’s my Take on the Hebron Shooting,” The Forward, April 6, 2016, http://forward.com/opinion/337841/i-wrote-the-idf-code-of-ethics-heres-my-take-on-the-hebron-shooting/

“Israeli public debate is focused these days on a seemingly simple incident: In Hebron, two Palestinian terrorists attacked a team of Israel Defense Forces soldiers, managing to stab one of them before they themselves were shot. One terrorist was killed and the other injured. The latter was lying on the road when a soldier arrived, observed the scene and, without being commanded to do so, shot the terrorist once in the head. An autopsy, performed by Israeli forensic doctors in the presence of a Palestinian forensic doctor, revealed that that last shot was what killed the terrorist.

For more than 20 years now, I have been active in studying the military ethics of the IDF and in writing related documents such as the 1994 IDF Code of Ethics. I would like to make a few observations about the incident from that perspective.

The first thing to note is that the incident was immediately reported to the relevant IDF commanders, who at once conducted their routine debriefings. The professional military investigation was repeated several times along the chain of command, from the platoon and battalion level, through the brigade and division level, to the chief of staff. They all reached the conclusion that what the soldier had done was utterly wrong, in stark violation of commands, Rules of Engagement and the values specified in the “Spirit of the IDF,” the code of ethics that requires respect for human dignity (and especially human life) and restraint of force (or “purity of arms,” as it’s called in Hebrew).

At the core of military ethics in a democracy — whether it’s the United States, United Kingdom, Canada or Israel — you find two principles manifest in all doctrines, procedures, ROEs and commands. First, the right and duty of self-defense. A person and a state have the right to defend themselves when they are in jeopardy caused by unlawful activities of criminals or enemies. Plus, a democratic state has a duty to effectively defend its citizens when they are in such jeopardy. Second, every act of the state, including acts taken on its behalf by police or military, ought to show respect for human dignity. This means that compelling justification is needed for any significant interference in a person’s situation.

Killing a person is a last resort in self-defense and it ought to be confined to circumstances of necessity. It is ethically, morally and legally wrong to kill a person if it is not a necessary step of self-defense.

The soldier in Hebron killed a terrorist, but what he did was not a necessary step of self-defense. It was not a step of self-defense at all.

The military investigation found that before the soldier shot the terrorist, he said that the terrorist had injured an IDF comrade and therefore ought to be killed. Such reasoning is utterly wrong, whether it is meant to justify retaliation, punishment, deterrence or what have you.

The circumstances of the Hebron incident have often been misunderstood. Yes, the terrorist was an enemy, but soldiers are required to treat a terrorist wielding a knife as a criminal, not as an enemy in a battlefield. The terrorist’s attempt to kill or injure ought to be foiled, but killing him is sanctioned only if there is no effective alternative — only if it’s a last resort.

Nevertheless, the minister of internal security, several members of the Knesset and many participants in public debates took another view of the circumstances: Anyone who intends to kill or injure Jews as an act of jihad should know that he or she won’t come out alive. This is a wrong and pernicious view. Major General Eizenkot, the IDF chief of staff, correctly said a while ago that there is no justification for emptying a magazine on a girl holding scissors she intends to use against some Jewish passerby. Even an injured enemy combatant who has just killed your comrades ought to be captured and then appropriately treated, because he no longer endangers anybody’s life and he is a person whose human dignity should now be protected by ordinary means. We don’t kill POWs, who are enemy professional combatants; all the more so, we don’t kill terrorists once they’ve been rendered harmless.

The public debate that followed the Hebron incident spotlighted two aspects of life in Israel that should not be ignored.

First, most of the Israeli public became aware of the Hebron incident by watching a video produced by a Palestinian photographer working with the radical left organization B’Tselem. This immediately created a wrong impression: that the soldier had been condemned by the IDF chief of staff and the minister of defense solely on the grounds of a piece of radical left propaganda. The mistaken idea that an NGO that has often cooperated with enemies of Israel in international campaigns against the IDF could play a role in forming the views of the head of the IDF and minister of defense enraged many Israelis, not just those on the extreme right. The political tensions within Israeli society are strong and significant, but their manifestation often rests on mistakes and misunderstandings, coming out noisy and crude.

Second, public debate in Israel has for a while now been an arena of vitriolic political clashes instead of a theater of ordinary exchange on political matters. Israeli politicians, and therefore the media and the public as well, act as if we are in an election period, though we are not. The inclination to make every incident into the subject of a quarrel, the tendency to use harsh language in portrayals of political opponents and their views, and the resort to rude, irresponsible and even irrational expressions in every social network are all unhealthy. It is the duty of state leaders to get rid of them.

This tumult may give the impression that something has gone astray in the ethical fabric of Israeli society and even within the IDF. That impression is false. No one incident, grave as it may be, indicates a widespread weakness. The IDF and many other parts of Israeli society are morally strong and resilient; they will overcome terrorist activities, on the one hand, and marginal failures to maintain high ethical standards, on the other.

Asa Kasher is Laura Schwarz-Kipp Professor Emeritus of Professional Ethics and Philosophy of Practice at Tel Aviv University, and Professor of Philosophy at Shalem Academic Center in Jerusalem. He led the writing of the IDF’s code of ethics, and won the Israel Prize in General Philosophy in 2000.

The views and opinions expressed in this article are the author’s own and do not necessarily reflect those of the Forward.”