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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 In light of this background, the question of this chapter is: When may the pervasive value of peace be superseded to permit or even demand hostile actions against another country as a matter of justice?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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DEUTERONOMY — 20:10 peace

DEUT989 Principles of Waging War. Given the essential commitment both to self-defense and to the defense of what is just and right, let us consider three examples of how war is to be initiated and conducted according to Jewish law. The first principle of war established by the Torah and reinforced by the Rabbinic tradition is that it must truly be a last resort. We are enjoined to work to exhaust all diplomatic options in an attempt to avoid violent conflict. (E.g., see Deuteronomy Rabbah 5:13). In the Torah, emissaries of peace are sent to hostile cities to search for any alternative to war. (Deuteronomy 20:10). If diplomacy ultimately proves unsuccessful, however, one is not permitted to attack unless the enemy initiates hostilities. And even then, one is forbidden to commit any acts of unwarranted cruelty against the inhabitants of enemy territory. Jewish law even goes so far as to require that an escape route be provided for those who desire to leave a besieged city at any point. [Maimonides (Rambam), Mishneh Torah, Hilkhot Melakhim 6.] Permitting war only as a last resort minimizes the likelihood of violent engagement and creates a cultural aversion to warfare. War may be a necessary evil; it is never something to relish. The second principle of warfare laid out in Jewish tradition is that war must be conducted in a way that preserves the humanity of the soldiers and civilians on both sides. This requires great moral sensitivity and vigorous protection against the dehumanization that typically characterizes warfare. Nahmanides (Ramban) taught that even the “most refined of people become possessed with ferocity and cruelty when advancing upon the enemy... [Torah wants the soldier] to learn to act compassionately with our enemies even during wartime.” (Nahmanides (Ramban), Commentary on the Torah (Bi’ur), Deuteronomy 23:10). Part of the Jewish resistance to fighting is rooted in the humble awareness that more than life is lost in warfare--that violent conflict often comes with devastating moral compromise. In response to this moral challenge, nations that go to war must do everything in their power to ensure that their soldiers are trained with sensitivity and compassion, and that they are reminded, even amidst violent conflict, of the humanity of their enemies. In fact, the Torah offers specific rules intended to prevent the degradation of the enemy, even in the midst of dangerous conflict. (e.g., Deuteronomy 21:10). The assumption is that this moral training will ultimately preserve a soldier's own humanity as well. A third guiding principle of war is the obligation to protect against unnecessary destruction--of human life, of the enemy's property, of the environment--during violent struggle. The call for soldiers to cultivate sensitivity toward the enemy renders wanton destruction thoroughly indefensible. “When in your war against a city,” the Torah teaches, “… you must not destroy its trees, wielding the ax against them. You may eat of them, but you must not cut them down. Are trees of the field human to withdraw before you into the besieged city?” (Deuteronomy 20:19-20). Maimonides (Rambam) extends this prohibition: “Also, one who smashes household goods, tears clothes, demolishes a building, stops up a spring, or destroys articles of food with destructive intent transgresses the command, You shall not destroy.” (Maimonides (Rambam), Mishneh Torah, Hilkhot Melakhim 6:10). As Reuven Kimelman writes in his extensive treatment of the parameters of war from a Jewish perspective, “If one can control destructive urges provoked by a war against non-human objects, there is a chance of controlling destructive urges against humans.” Reuven Kimelman, “War,” Frontiers of Jewish Thought, Steven Katz, ed., (Washington, DC: B’nai Brith Books, 1992), 315. (By Sharon Brous)

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DEUTERONOMY — 20:11 forced

DEUT992 The most conspicuous presentation of a Jewish biblical conception of a religious duty to restrain warfare is a cluster of commandments in Deuteronomy 20, the fifth book of the Pentateuch, the Torah, which Jews regard as the fundamental and most sacred part of the Bible. The activities to be governed by these commandments are: waging a war, exempting some combatants from participating in it, offering the enemy peaceful surrender, treating captives and booty, and conducting a siege. Additional Deuteronomy 21 verses govern the case of a combatant desiring to have a captive beautiful woman as a wife. The ethics of warfare embodied in these norms rests on a fundamental religious strategy that permeates the whole body of Jewish commandments: Jews may be involved in every human sphere of activity, whether individual or collective, except for idol worship, but their activity within each sphere is significantly restrained. Thus, for example, setting a siege around a town is permitted, being an ordinary, non-idolatrous act of warfare, but the siege ought not to involve cutting down fruit trees. Any moral evaluation of this ethics of warfare should consist of two parts: a moral evaluation of the imposed constraint, and a moral evaluation of what is permitted. The first evaluation involves the following consideration: If (a) the cause of war is good and (b) a constraint imposed on warfare activities does not eliminate the ability to gain victory, then (c) the imposed constraint presumably helps alleviate the calamities of war and therefore (d) is morally worthy. It seems that the Deuteronomy 20 "you shall not" constraints are all morally commendable. The second evaluation focuses on the constrained dimension of the sphere of activity in order to determine whether it permits activities that are morally unjustifiable. The results of this evaluation of the norms of Deuteronomy 20 are mixed. On the one hand, the exemption of certain men, such as one who has betrothed a wife and has not taken her," delineates the corps of combatants in a just and effective way. On the other hand, the association of proclaiming peace with the requirement "that all people that are found therein shall serve you at forced labor" [this verse] is indeed morally unjustifiable. Other commandments are even worse, for example, the norm that when a town will make no peace, "you shall put all its males to the sword" (v. 13). (Continued at [[DEUT996]] Deuteronomy 20:13 sword OXFORD 488-9). (By Aaron S. Gross, "Jewish Animal Ethics")

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