Political Necessity or Moral Imperative Civilian casualties during war

The Crime

(1) And Dinah the daughter of Leah, whom she had borne unto Jacob, went out to see the daughters of the land.

(2) And Shechem the son of Hamor the Hivite, the prince of the land, saw her; and he took her, and lay with her, and humbled her.

Feelings Post Crime

(3) And his soul did cleave unto Dinah the daughter of Jacob, and he loved the damsel, and spoke comfortingly unto the damsel.

(4) And Shechem spoke unto his father Hamor, saying: ‘Get me this damsel to wife.’

Response from Yaakov & family

(5) Now Jacob heard that he had defiled Dinah his daughter; and his sons were with his cattle in the field; and Jacob held his peace until they came.

(6) And Hamor the father of Shechem went out unto Jacob to speak with him.

(7) And the sons of Jacob came in from the field when they heard it; and the men were grieved, and they were very wroth, because he had wrought a vile deed in Israel in lying with Jacob’s daughter; which thing ought not to be done.

Chamor's Request for marriage

(8) And Hamor spoke with them, saying ‘The soul of my son Shechem longeth for your daughter. I pray you give her unto him to wife.

(9) And make ye marriages with us; give your daughters unto us, and take our daughters unto you.

(10) And ye shall dwell with us; and the land shall be before you; dwell and trade ye therein, and get you possessions therein.’

(11) And Shechem said unto her father and unto her brethren: ‘Let me find favour in your eyes, and what ye shall say unto me I will give.

(12) Ask me never so much dowry and gift, and I will give according as ye shall say unto me; but give me the damsel to wife.’

The deceit of Shimon and Levi

(13) And the sons of Jacob answered Shechem and Hamor his father with guile, and spoke, because he had defiled Dinah their sister,

(14) and said unto them: ‘We cannot do this thing, to give our sister to one that is uncircumcised; for that were a reproach unto us.

(15) Only on this condition will we consent unto you: if ye will be as we are, that every male of you be circumcised;

(16) then will we give our daughters unto you, and we will take your daughters to us, and we will dwell with you, and we will become one people.

(17) But if ye will not hearken unto us, to be circumcised; then will we take our daughter, and we will be gone.’

(18) And their words pleased Hamor, and Shechem Hamor’s son.

(19) And the young man deferred not to do the thing, because he had delight in Jacob’s daughter. And he was honoured above all the house of his father.

The people of Shechem agree to the deal

(20) And Hamor and Shechem his son came unto the gate of their city, and spoke with the men of their city, saying:

(21) ’These men are peaceable with us; therefore let them dwell in the land, and trade therein; for, behold, the land is large enough for them; let us take their daughters to us for wives, and let us give them our daughters.

(22) Only on this condition will the men consent unto us to dwell with us, to become one people, if every male among us be circumcised, as they are circumcised.

(23) Shall not their cattle and their substance and all their beasts be ours? only let us consent unto them, and they will dwell with us.’

(24) And unto Hamor and unto Shechem his son hearkened all that went out of the gate of his city; and every male was circumcised, all that went out of the gate of his city.

Shimon and Levi attack the males of Shechem

(25) And it came to pass on the third day, when they were in pain, that two of the sons of Jacob, Simeon and Levi, Dinah’s brethren, took each man his sword, and came upon the city unawares, and slew all the males.

(26) And they slew Hamor and Shechem his son with the edge of the sword, and took Dinah out of Shechem’s house, and went forth. .

(27) The sons of Jacob came upon the slain, and spoiled the city, because they had defiled their sister.

(28) They took their flocks and their herds and their asses, and that which was in the city and that which was in the field;

(29) and all their wealth, and all their little ones and their wives, took they captive and spoiled, even all that was in the house.

Tension between Yaakov and his sons

(30) And Jacob said to Simeon and Levi: ‘Ye have troubled me, to make me odious unto the inhabitants of the land, even unto the Canaanites and the Perizzites; and, I being few in number, they will gather themselves together against me and smite me; and I shall be destroyed, I and my house.’

(31) And they said: ‘Should one deal with our sister as with a harlot?’

(5) Simeon and Levi are brethren; Weapons of violence their kinship... For in their anger they slew men, And in their self-will they houghed oxen. (7) Cursed be their anger, for it was fierce, And their wrath, for it was cruel; I will divide them in Jacob, And scatter them in Israel

How must the gentiles fulfill the commandment to establish laws and courts? They are obligated to set up judges and magistrates in every major city to render judgement concerning these six mitzvot and to admonish the people regarding their observance.

A gentile who transgresses these seven commands shall be executed by decapitation. For this reason, all the inhabitants of Shechem were obligated to die. Shechem kidnapped. They observed and were aware of his deeds, but did not judge him.

A gentile is executed on the basis of the testimony of one witness and the verdict of a single judge. No warning is required. Relatives may serve as witnesses. However, a woman may not serve as a witness or a judge for them.

(13) And the sons of Yaakov answered Shekhem and his father Chamor with guile: Behold, Chamor and Shekhem spoke to her father and her brothers, but her father did not answer them anything, as his sons spoke in his place about this matter out of respect for him. Since the thing was a disgrace for them, they didn't want that he should open his mouth to speak about it at all. And there is a question here, as [it] appears that they answered with the agreement of the their father and with his counsel, as they were in front of him and he knew that their answer was spoken with guile. And if so, why did he get angry [with Shimon and Levi]? And also, it is not plausible that his will would be to marry his daughter to the Canaanite that defiled her. And behold, all of the brothers answered with guile, [even if] Shimon and Levi did the deed and [yet] the father only cursed their anger. And the answer is that the guile was in telling them to circumcise all their males, since they thought that the people of the city would not do this. And if maybe they would listen to their prince and they would all be circumcised, they would come on the third day when they were hurting and they would take their daughter from the house of Shekhem. And this was the counsel of all of the brothers and it was with the permission of their father. And Shimon and Levi wanted to take revenge upon them and killed all of the men of the city. And it is plausible that Yaakov's anger that cursed them was because they killed the men of the city that had not sinned against him. And what was appropriate for them was that they would kill Shekhem only. And this is what the verse states, "And the sons of Yaakov answered Shekhem and his father Chamor with guile, and they spoke since he defiled Dinah, their sister" - since they all agreed to speak with guile because of the villainy that he did to them.

And many will ask, "And how is it that the righteous sons of Yaakov did this act to spill innocent blood?" And the teacher (Ramabam) answered in the Book of Judges (Mishneh Torah, Kings and Wars 14:9) and said that the Children of Noach (gentiles) are commanded about laws (dinim), and that is that they set up judges in each and every town to judge about their six commandments. And a gentile who transgresses one of them is killed by the sword. [Likewise] if one sees someone who transgresses one of them and [that a court] did not judge him to kill him, behold, this observer should kill him with the sword. And because of this, all the men of Shekhem were liable for [the] death [penalty]. As behold, Shekhem had [kidnapped] and they all saw and knew [it] and did not judge him (and since they did not enforce civil law, their punishment was death).

And these words are not correct in my eyes. As, if so, Yaakov, our father, was obligated to be prior and merit [to be the instrument] in their deaths. And if he was afraid from them, why did he get angry with his sons and curse their anger several times and punish them and divide and scatter them? Did they not merit and do a commandment and trust in God, and He rescued them?

But according to my opinion, the laws that were counted [as one] of the seven commandments that the Children of Noach were commanded is not only to set up judges in each and every town, but [rather] He commanded them in the laws of theft and fraud, abuse, fair wages, laws of guardianship, rape and seduction, the main categories of damages, injury to ones's fellow, laws of the borrower and lender, laws of purchase and sale and similar to them - like the matter of the laws that Israel was commanded. And he is killed for them if he steals or abuses or rapes or seduces the daughter of his fellow, or if he burnt his hedge and caused injury with it, and similar to this. And in the category of this commandment is also that they set up judges in each and every city - like Israel. And if they do not do so, they are not killed; as this is a positive commandment. ... Were the men of Shekhem and all of the seven nations not idolaters, sexually immoral and doing all of the abominations to God? And Scripture yells out about them in several places: "whether on lofty mountains and on hills or under any luxuriant tree" (Deuteronomy 12:2); "you shall not learn to do, etc." (Deuteronomy 18:9); and concerning sexual immorality, "For all those abhorrent things were done, etc." (Leviticus 18:27). But rather [the reason that Yaakov did not want to kill them is that] the matter is not given over to Yaakov and his sons to enforce the law upon them.

But the [actual understanding of the] matter of Shekhem is that since they were evildoers and their blood was considered like water about them, the sons of Yaakov (Shimon and Levi) wanted to take vengeance upon them with the vengeful sword, and they killed the king and all of the people of his city, since they were his servants and submitted to his directive. And the covenant that they should be circumcised was not considered anything in their eyes, as it was to flatter their master. But Yaakov said to them about this that they brought him into danger: "You have brought trouble on me, making me odious," and then he cursed their anger, as they did violence to the men of the city. Since [the brothers] said to them in his presence, "and we will dwell among you and become as one nation," and [the men of Shekhem] chose them, and [yet Shimon and Levi] upended their words - and perhaps they would have repented to God. And [if so] they killed them for nothing, as they did not do any evil to them at all.

Question: What is the source that one cannot kill someone else, even if he will be killed for refusing?

Answer: Reasoning teaches this;

1. A man asked Rava: The mayor told me to kill Ploni or be killed! (What should I do?)

2. Rava: Be killed, and do not kill. Perhaps Ploni is worthier to live than you are! (Perhaps his blood is 'redder')

(10) When thou drawest nigh unto a city to fight against it, then proclaim peace unto it.

(7) When a city is sieged to be conquered, we do not surround the four sides of it , rather, only three, and a place is selected as a place where whoever wants to flee and save their lives can, as it is written: And they warred against Midian, as Hashem commanded Moshe (Num. 31:7) from the wording we understand that he was commanded.

(5) And surely your blood of your lives will I require; at the hand of every beast will I require it; and at the hand of man, even at the hand of every man’s brother, will I require the life of man.

To kill the seven nations: ... This mitzvah extends to every Jewish person, men and women alike, as is explained in the Talmud regarding an obligatory war [milchemet mitzvah] where even the bride from under the wedding canopy is obligated to participate... granted that mitzvot are pushed off on account of danger, nevertheless, this mitzvah the Torah commands is to wage war against them, and it is known that the Torah does not make its laws dependent on miracles, and during a time of war a person can be killed from two fronts (?) - it comes out that the Torah commands that we participate notwithstanding the danger involved.

(8) But the word of the LORD came to me, saying,‘You have shed much blood and fought great battles; you shall not build a House for My name for you have shed much blood on the earth in My sight.

(2) Thus saith the LORD of hosts: I remember that which Amalek did to Israel, how he set himself against him in the way, when he came up out of Egypt. (3) Now go and smite Amalek, and utterly destroy all that they have, and spare them not; but slay both man and woman, infant and suckling, ox and sheep, camel and ass.’ . (4) And Saul summoned the people, and numbered them in Telaim, two hundred thousand footmen, and ten thousand men of Judah. (5) And Saul came to the city of Amalek, and lay in wait in the valley. (6) And Saul said unto the Kenites: ‘Go, depart, get you down from among the Amalekites, lest I destroy you with them; for ye showed kindness to all the children of Israel, when they came up out of Egypt.’ So the Kenites departed from among the Amalekites.

(22) Take a bunch of hyssop, dip it in the blood that is in the basin, and apply some of the blood that is in the basin to the lintel and to the two doorposts. None of you shall go outside the door of his house until morning.

Joshua sent three letters to the Canaanites before entering the promised land: At first, he sent them: 'Whoever desires to flee, should flee.' Afterwards, he sent a second message: 'Whoever desires to accept a peaceful settlement, should make peace.' Then, he sent again: 'Whoever desires war, should do battle.'

If so, why did the inhabitants of Gibeon employ a ruse? Because originally, when he sent the message to them as part of all the Canaanite nations, they did not accept. They were not aware of the laws of Israel and thought that they would never be offered a peaceful settlement again.

Why was the matter difficult for the princes of Israel to accept to the point that they desired to slay the Gibeonites by the sword were it not for the oath they had taken? Because they made a covenant with them and Deuteronomy 7:2 states 'Do not make a covenant with them.' Rather, the laws governing their status would have prescribed that they be subjugated as servants.

Since the oath was given to them under false pretences, it would have been just to slay them for misleading them, were it not for the dishonour to God's name which would have been caused.

Rabbi Shimon ben Lakish says: all those who are merciful at the time they should be cruel, at the end they will be cruel at the time they should be kind...