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DEUTERONOMY — 20:11 peaceably

DEUT993 As to the evils of war, the prophet had foreseen war's ultimate abolition; but, in the Talmud, wars were considered legitimate undertakings, even if their objective was to acquire booty and slaves. Berochot 3b. A "permitted war" (milhemet horeshut) was distinguished from a "mandatory war" (milhemet mizva), the former might be waged for such purposes as enlarging the boundaries of the country, or in order to subject a foreign city to slavery and to the payment of tributes. "If the city thus attacked offers to pay tribute, but does not accept enslavement, or if it accepts enslavement without paying tribute, its terms are not accepted until it undertakes to pay both."(This verse; Sifri, ad loc.) In the Mishnah, implements of war were deemed disgraceful reminders of human rapacity; hence, it was considered unlawful to wear a sword on the Sabbath. Shabbat 63a

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DEUTERONOMY — 20:13 sword

DEUT996 (Continued from [[DEUT992]] Deuteronomy 20:11 forced OXFORD 488-9). Because Deuteronomy 20-21 is an element of the Jewish Holy Writ, a question arises as to what lessons should be drawn, within the Jewish religious tradition, from the ethical norms of these chapters. A plausible answer would involve a clarification of the above-mentioned fundamental Jewish religious strategy: Except for idolatry, Jews may be involved in every human sphere of activity, as it is practiced under the circumstances, but the activity within each sphere is significantly restrained. This is why the Bible includes, for instance, norms of slavery and norms of marriage and divorce that prescribe unequal treatment of persons according to their gender. The same applies to warfare practices. The moral evaluation of the constrained activities permitted by Jewish biblical ethics is actually a moral evaluation of warfare practices of the time. Accordingly, current Jewish warfare ethics should rest on a modern conception of warfare, one that embodies some variant of the Just War doctrine, and imposes constraints on its application. Unlike Deuteronomy 20-21, it will involve, for example, a principle of distinction between combatants and others and be as morally justifiable as Just War norms. This is one example of a much larger phenomenon--namely, that what constitutes the Jewish tradition, and Jewish ethics in particular, is not the Bible alone, but rather is based on how rabbis and lay Jews have interpreted and applied the Bible and subsequent traditions over the centuries. This includes not only how Jews have developed their tradition internally, but also what they have learned from others and made part of the Jewish tradition--in this case, Just War theory. (By Asa Kasher, "Jewish Ethics and War")

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