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DEUTERONOMY — 20:8 disheartened

DEUT981 .. it seems the Torah itself anticipates civil disobedience on a certain level and attempts to avoid it. When forming an army, the Torah allows certain categories of soldiers not to join [this verse]. One of the categories of soldier who is asked to return home and not fight is the soldier who is "weak of heart." The Mishnah (Mishnah Sotah 8:5-6) according to one opinion, explains this to be a person who does not feel he can fight, who is unable to stand the heat of battle, and who cannot stand to see a drawn sword. Some commentaries have interpreted this to mean not people who are weak, but those who cannot fight because they are opposed to fighting a battle, what we would call today conscientious objectives. The Torah, anticipating this group of people, gave them the option not to fight and be sent home without penalty, according to these commentaries. Therefore, the Torah does recognize the right (in potential) to object to military force.

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DEUTERONOMY — 20:8 disheartened

DEUT982 The Mishnah of Sotah 8.5 states "' And the officers shall speak further to the people and say, What man is there that is fearful and fainthearted?' [This verse] Rabbi Aqiva says: 'Fearful and fainthearted' is meant literally – – he cannot endure the armies joined in battle or bear to see a drawn sword." According to this mishnah, Rabbi Aqiva was inclined to exempt from the war anyone who could not on principle bear arms ("cannot bear to see a drawn sword"). This appears to point to a volunteer army in which an exemption from participating in a war is granted for a person who by nature cannot participate in active combat. (This is not necessarily a person morally opposed to war but rather a person who cannot engage in active combat for a number of possible reasons (i.e., fear, compassion, etc.).

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DEUTERONOMY — 20:8 soft

DEUT983 "that fears and that is soft of heart": If it is already written: "that fears," why need it be added: "and that is soft of heart"? To teach that even the bravest of the brave and the strongest of the strong -- if he is merciful [i.e., "soft-hearted"], he returns, as it is written: "and not melt the heart of his brothers as his own heart" (Tosefta Sotah 7)

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DEUTERONOMY — 20:10 attack

DEUT984 We begin with the value of peace. Every major prayer in Jewish liturgy concludes with the plea for peace, including the grace after meals, the Amidah, the priestly blessing, and the Kaddish. (Numbers Rabbah 11:7, Deuteronomy Rabbah 5:14). Rabbi Roland Gittelsohn notes that “Not one single Jewish festival or holiday celebrates the waging or the winning of a war! Not one!” “Judaism on War, Peace, and Conscientious Objection,” Jewish Digest 15, no. 4 (April 1970): 52. (Hanukkah, as the name indicates, celebrates the rededication of the Temple, not the war that preceded it.) From the time that Isaiah revealed his vision of a future when even the wolf shall lie down with the lamb (11:6), peace has been a cornerstone of Jewish Messianism. “Great is peace,” said the Rabbis, for all blessings are contained in it.... great is peace, for God's name is peace.” Numbers Rabbah 11:7. In light of this background, the question of this chapter is: When may the pervasive value of peace be superseded to permit or even demand hostile actions against another country as a matter of justice? Contemporary history offers many examples of political and economic interference in the affairs of one nation by another. Even in the few periods of history in which Jews have had political autonomy, however, the Jewish state was small and hardly in a position to affect another in these indirect ways. Consequently, it should not be surprising that Jewish sources on this are sparse. The Sifrei Devarim, the earliest rabbinic interpretation of Deuteronomy, does include one comment on this issue, and it is rather surprising. The Torah says, “when you approach a town to attack it, you shall offer it terms of peace.” Deuteronomy 20:10 Commenting on the introductory clause of that verse, the rabbi said: “‘to attack it’-- and not to make it suffer starvation or thirst and not to make it die the death of sicknesses.” Sifrei Devarim to Deuteronomy 20:10, “Shofetim,” par. 199. On the one hand, this source articulates a manifestly moral stance for our age on the ethics of using chemical warfare to contaminate the food and water supply, to despoil the environment, or to inflict illness as a means of waging a war. On the other, this source seems to require that the only legitimate form of intervention is military. Cutting off the food or water supply of an enemy is clearly a step short of killing them outright, especially since it provides an extended opportunity for the enemy to change its mind and sue for peace, and so one would expect that that would be preferable to direct attack. This source, though, apparently prefers the latter to the former, perhaps to avoid making the deaths of the enemy soldiers any more agonizing than they need be. This source never made it to the later codes of Jewish law, however, and so its authority is questionable. Moreover, in Jewish law, as in other legal systems, killing or injuring a person is always treated more seriously than damaging his or her property, and so one would presume that nonmilitary intervention would generally be considered preferable to military forms. The grounds for political or economic intervention are not spelled out in the tradition, undoubtedly because the opportunity never arose; only the rationales for waging war are discussed. Consequently, one must extend by analogy the justifications for military intervention to political and economic forms. No thorough analysis of that sort has yet been produced. As a result, the only guidance in the Jewish tradition in regard to political and economic interference is that, as a general rule, it is preferable to military means.

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DEUTERONOMY — 20:10 peace

DEUT987 [Continued from [[NUM268]] Numbers 20:29 AMEMEI 211 bewailed]. Peace is the vehicle, the vessel, of prayer, and that is why both the Priestly Blessing and the final blessing of the Silent Prayer end with peace (Bamidbar Rabbah 11:7), as it says that God will bless His people with (the vessel of) peace (Psalms 29:11). Many laws for Jews (such as the order of calling people up to the Torah) as well as for non-Jews (such as burying their dead if they live in the same neighborhood) were instituted to ensure a more peaceful coexistence among people (Gittin 59b). In describing the Torah scholar, the talmid chacham, Maimonides (Hilchot De'ot 5:7) lists as one of the requirements that this person have the quality of peace before he can assume the mantle of leadership. Therefore, two Torah scholars living in the same city must have peace between them or they are either exiled or put to death (Sotah 49a). Even in preparing to attack a sworn enemy, the Torah says one must first try to achieve a peaceful coexistence [this and following verses]. It was a lack of peace between brothers, the sons of Jacob as they fought with Joseph, (Megillah 16b) that eventually caused the Jewish people terrible pain and suffering. Therefore, one of the purposes of the world today is to promote peace among Jews (Sefer Hachinuch, Mitzvah #243).

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DEUTERONOMY — 20:10 peace

DEUT991 When fighting a war that God commanded to fight, even to conquer a nation, the Torah [this verse] commands that the Jewish people must first ask for and offer peace prior to attack. If the nation agrees to peace under Jewish rule, it is forbidden to fight war against such a nation. Maimonides (Hilchot Melachim 6:1) codifies this law and explains its details. The Jewish nation cannot make a war unless it first offers peace. If the nation accepts the seven Noahide laws and agrees to pay taxes to the Jewish nation, then the Jewish army may not attack. After making a treaty of peace with any country, even if the other nation is suspected of wrongdoing or it would be advantageous for the Jews to break the treaty, it is forbidden to renege on such an agreement (Maimonides, Hilchot Melachim 6:3). Therefore, we see that in Judaism, unlike in most societies in a war situation, Jewish values may not be abandoned, and they must help to guide the process of conducting war.

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DEUTERONOMY — 20:10 peace

DEUT988 Offer peace to cities upon which you are about to lay siege. Mercy is a very commendable character trait, and it is fitting for our nation to exercise it even towards our enemies. Even those who worship idols should be allowed to live, as long as they abandon their deities. A further benefit of the mitzvah is that after these people surrender, they become our servants and pay taxes to our king. If we were to kill these people, even when they are willing to pay taxes and be our servants, not only would it be a senseless waste, it would be patently cruel.

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