War and Peace III ~ Shabbat

(1) Moses then convoked the whole Israelite community and said to them: These are the things that the LORD has commanded you to do: (2) On six days work may be done, but on the seventh day you shall have a sabbath of complete rest, holy to the LORD; whoever does any work on it shall be put to death. (3) You shall kindle no fire throughout your settlements on the sabbath day. (4) Moses said further to the whole community of Israelites: This is what the LORD has commanded: (5) Take from among you gifts to the LORD; everyone whose heart so moves him shall bring them—gifts for the LORD: gold, silver, and copper; (6) ... (29) Thus the Israelites, all the men and women whose hearts moved them to bring anything for the work that the LORD, through Moses, had commanded to be done, brought it as a freewill offering to the LORD.

Said Rabbi Abahu: it is written "from the families of the Soferim [~ 3rd century BCE], the ones dwelling in Yaavetz" (I Chron. 2:55) why does the text say "soferim" (counters)? Because they made the Torah into countings ... five cases do not give terumah; five things need to have challah [taken]; fifteen [cases of] women liberate their problems; thirty-six cases of soul cutting [from the people] in the Torah, thirteen signs [to be checked for kashrut] regarding the carcass of birds, four basic cases of damages, basic works [forbidden on Shabbat] forty minus one.

(2) The primary labors are forty less one:sowing, plowing, reaping, binding sheaves, threshing, winnowing, selecting, grinding, sifting, kneading, baking, shearing wool, bleaching, hackling, dyeing, spinning, weaving, the making of two loops, weaving two threads, dividing two threads, tying and untying, sewing two stitches, tearing in order to sew two stitches, capturing a deer, slaughtering, or flaying, or salting it, curing its hide, scraping it [of its hair], cutting it up, writing two letters, erasing in order to write two letters [over the erasure], building, tearing down, extinguishing, kindling, striking with a hammer, [and] carrying out from one domain to another, These are the forty primary labors less one.

(1) (Devarim 20:19) "If you besiege a city many days": Scripture here speaks of an optional war.

(2) "a city": and not a metropolis;

(3) "a city": and not a village.

(4) "many days": "days" — two; "many" — three. We are hereby taught that peace is offered for two days, and a third day for the battle. And even though there is no proof for this, there is an intimation of it in (I Samuel 30:1) "And David and his men came to Tziklag on the third day." Variantly: From here it is derived that gentile cities are not besieged fewer than three days before the Sabbath, (so that the siege not extend into the Sabbath); but if the siege began, it is not interrupted. And a sea voyage is not begun fewer than three days before the Sabbath. When is this so? For a long voyage, but for a short one, it is permissible.

(5) "to war upon it, to capture it": and not to destroy it.

(6) "You shall not cut down its tree by wielding an axe against it": This tells me only of iron (i.e., an axe blade). Whence do I derive (the same for destroying it by) diverting a water course from it? From "You shall not destroy its tree" — in any manner.

(7) (We are hereby taught that peace is offered for two days, and a third day before the battle. And so it states: (I Samuel 30:1) "And David Remained in Tziklag for two days." And gentile cities are not besieged fewer than three days before the Sabbath, (so that the siege not extend into the Sabbath); but if the siege began, it is not interrupted. This is one of three lessons taught by Shammai the Elder: A sea voyage is not begun fewer than three days before the Sabbath. When is this so? For a long voyage, but for a short one, it is permissible.)

"until it is subdued": even on the Sabbath.

The Sages taught in a Tosefta: One may not lay siege to cities of gentiles fewer than three days before Shabbat. And if they already began establishing the siege they need not stop all war-related actions even on Shabbat. And so Shammai would say: From that which is written: “And you should build a siege against the city that is waging war with you until it falls” (Deuteronomy 20:20), it is derived that the siege should be sustained “until it falls.” Consequently, the siege must continue even on Shabbat.

(1) Like all the other commandments, Shabbat is overridden by danger to life. Hence we execute all of the needs of an ill person in mortal danger according to the word of an expert physician in that place on Shabbat. When there is a doubt whether there is a need to profane the Shabbat for him or there is not a need, and likewise if [one] physician said to profane the Shabbat for him but another physician said he does not need [it], we profane the Shabbat. For [even] a doubt about [danger to] life overrides the Shabbat....

(23) [If] idolaters besiege Jewish cities: If they came for monetary matters (i.e. to demand ransom, etc.), we do not profane the Shabbat on their account and we do not go out to war against them. But with a city near the border, we go out against them with weapons and profane the Shabbat on their account – even if they only came about matters of hay and straw. However if they came about matters of lives or they prepared for war or [the nature of the siege is unknown], we go out against them with our weapons and we profane the Shabbat on their account in every place. And it is commandment upon all Jews who are able, to come and go out and help their besieged brothers and save them from the idolaters on Shabbat. And it is forbidden for them to delay until the conclusion of Shabbat. And when they have saved their brothers, it is permitted for them to return with their weapons to their place, so as not to hinder them in the future.

(24) And likewise [in the case of] a mangled ship at sea or a city surrounded by troops or by [an overflowing] river, it is a commandment to go out and save them with anything with which he can save them. And it is even a commandment to save an individual that is being chased by idolaters or a snake or a bear that is chasing him to kill him. And it is even permissible to do several [types of] forbidden work and even to make weapons. And we cry out and supplicate for them on Shabbat and we blow horns to help them. But we do not supplicate or cry out about pestilence on Shabbat.

(25) We [begin] sieges against idolater cities [at least] three days before the Shabbat. But we make war against them each and every day, and even on Shabbat, until we conquer them – even if it is an optional war. They learned from the oral tradition (on Deut. 20:20), “until it be subjugated” – and even on Shabbat. And there is no need to say [this] regarding a commanded war. And Yehoshua only conquered Jericho on Shabbat.

(6) 6. Regarding non-Jews who besiege Jewish cities: if they come for money, we do not desecrate the Shabbat [to protect ourselves], but if they came to kill or come with no presented reason, we go out with weapons and desecrate the Shabbat. In a city that is near the border, even if they just come for straw or hay, we desecrate the Shabbat. Rem"a: Even if they haven't come but they want to come (Or Zarua).

(7) 7. There is one who says that in our times, even if they come for money, we desecrate the Shabbat, because if the non-Jew does not allow them to plunder his money, it will become deadly. (In any event, everything is according to the situation(Piskei Mahara'i Chapter 156).)

(8) 8. One who sees a boat with Jews that is endangered at sea or in a flowing river, or an individual being chased by idolaters, it is a commandment to desecrate Shabbat to save them. (And see above at the end of chapter 306 regarding whether one desecrates Shabbat if someone wants to rape him.)

(9) 9. All who go out to save may return with their weapons.

(16) Do not deal basely with your countrymen. Do not stand idly by the blood of your fellow: I am Ad-nai.

(1) If the thief is found in the tunnel, and he is beaten to death, there is no blood[guilt] in his case. (2) If the sun has risen on him, there is blood[guilt] in that case.—He must make restitution; if he lacks the means, he shall be sold for his theft.