Kommentar zu Dewarim 20:10

כי תקרב אל עיר WHEN THOU APPROACHEST UNTO A CITY [TO FIGHT AGAINST IT] — Scripture is speaking of a war which is not obligatory upon them (as was the war against the seven nations of Canaan, referred to in v. 16), as it is distinctly stated in this section (v. 15) “Thus thou shalt do unto all the cities which are very far [from thee]” etc. (Sifrei Devarim 199:1).

WHEN THOU DRAWEST NEAR UNTO A CITY TO FIGHT AGAINST IT, THEN PROCLAIM PEACE UNTO IT. “Scripture is speaking of a permissible war [rather than a war required by the Torah, such as the invasion of the seven nations of Canaan], as it is expressly stated in this section, Thus shalt thou do unto all the cities which are very far off from thee.”³¹⁷Verse 15. Thus according to Rashi we were not required to offer peace before invading the land of Canaan. Ramban will differ with this opinion. This is Rashi’s language. The Rabbi [Rashi] wrote this based on the Sifre where a similar text is taught:³¹⁸Sifre, Shoftim 199. “Scripture is speaking of a battle waged of free choice.” But the intent of our Rabbis with reference to this verse [before us, was not to say that the requirement of proclaiming peace applies exclusively to permissible, but not to obligatory, wars; rather, their teaching in the Sifre] refers only to the later section wherein there is a differentiation between the two kinds of wars [i.e., in Verses 13-14 declaring that if the enemy insists on war, then only the men are to be killed, but the women and children are to be spared — that law applies only to a permissible but not to an obligatory war]. But the call for peace applies even to an obligatory war. It requires us to offer peace-terms even to the seven nations [of Canaan], for Moses proclaimed peace to Sihon, king of the Amorites,³¹⁹Above, 2:26. and he would not have transgressed both the positive and negative commandments in this section: but thou shalt utterly destroy them,³²⁰Verse 17. and thou shalt save alive nothing that breatheth!³²¹Verse 16. Rather, the difference between them [i.e., obligatory and permissible wars] is when the enemy does not make peace and continues to make war. Then, in the case of the cities which are very far off,³²²Verse 15. Scripture commanded us to smite every male thereof³²³Verse 13. and keep alive the women and male children,³²⁴See Verse 14. but in the cities of these peoples³²¹Verse 16. [i.e., the seven nations of Canaan in the event they refuse the call to peace], it commanded us to destroy even the women and children. And so did our Rabbis say in the Midrash of Eileh Hadevarim Rabbah,³²⁵Devarim Rabbah 5:13. and it is found also in Tanchuma³²⁶Tanchuma, Shoftim 18. and in the Gemara Yerushalmi:³²⁷Yerushalmi Shevi’ith VI, 1. “Rabbi Shmuel the son of Rabbi Nachmani said: Joshua the son of Nun fulfilled the laws of this section. What did Joshua do? Wherever he went to conquer, he would send a proclamation in which he wrote: ‘He who wishes to make peace let him come forward and make peace; he who wishes to leave, let him leave, and he who wishes to make war, let him make war.’ The Girgashite left. With the Gibeonites who made peace, Joshua made peace. The thirty-one kings³²⁸Joshua 12:9-24. who came to wage war — the Holy One, blessed be He, cast them down etc.” And so indeed Scripture states with reference to all cities [including those of the seven nations], There was not a city that made peace with the children of Israel, save the Hivites the inhabitants of Gibeon; they took all in battle. For it was of the Eternal to harden their hearts, to come against Israel in battle, that they might be utterly destroyed.³²⁹Ibid., 11:19-20. Obviously, if they had wanted to make peace, the Israelites would have made peace with them.
It appears that regarding the terms of peace, there were differences [between what was offered the very far off cities and what was offered the seven nations], for, with reference to the distant cities, we ask that they make peace and become tributary to us and serve,³³⁰Verse 11. but, regarding the cities of these peoples [the seven nations] we request of them peace, tribute and service, on the condition that they agree not to worship idols. Scripture does not mention it in this section, because concerning idolators, it has already given the prohibition, They shall not dwell in thy Land, lest they make thee sin against Me, for thou wilt serve their gods.³³¹Exodus 23:33. It is possible that we must inform them only of the peace offer, tribute and service; after they are subject to us, we tell them that we execute judgment upon idols and their worshippers, whether individuals or the community. Similarly, that which is stated here, That they teach you not to do after all their abominations,³³²Verse 18. and with reference to it the Rabbis said in the Sifre,³³³Sifre, Shoftim 202. “But if they repent [of their idol-worship] they are not to be killed” — this refers to the seven nations. The “repentance” is that they accept upon themselves the seven commandments³³⁴See Vol. I, p. 417, Note 148. in which “the sons of Noah”³³⁵See ibid., Note 147. were commanded, but not that they must convert to become righteous proselytes.
Now, in Tractate Sotah the Rabbis have said³³⁶Sotah 38 b. that “they [i.e., the Israelites upon coming into the Land] inscribed the Torah upon stones in seventy languages³³⁷Ibid., 32 a. and that, below, they wrote, That they teach you not to do.³³²Verse 18. However, [we deduce,] if the peoples were to repent, the Israelites would accept them.” Rashi explained this text as follows: “[This verse was written upon the stones below] to inform the nations that dwelled outside the border of the Land of Israel that they [i.e., the Israelites] were not commanded to destroy [populations] except for those [the seven nations] that dwell within the borders in order that they [the Canaanites] should not teach them their perverted practices. But as to those who dwell outside [the boundaries] we tell them, ‘If you repent, we accept you.’ Those who dwell within the Land we do not accept because their repentance was due to fear.” This is the language of the Rabbi [Rashi]. But it is not correct, for it was with reference to the cities of these peoples, that the Eternal thy G-d giveth thee for an inheritance³²¹Verse 16. — it was of them that he said that they teach you not³³²Verse 18. thus indicating that if they do repent [thereby negating the fear that they may teach you] they are not to be slain. Similarly He said of them, They shall not dwell in thy Land, lest they make thee sin against Me, for thou wilt serve their gods,³³¹Exodus 23:33. which indicates that if they abandon their gods they are permitted to dwell there.
This is the project of Solomon concerning which it is written, And this is the account of the levy which King Solomon raised; to build the House of the Eternal, and his own house, and Millo, and the wall of Jerusalem etc.³³⁸I Kings 9:15. All the people that were left of the Amorites, the Hittites, the Perizzites, the Hivites, and the Jebusites, who were not of the children of Israel; even their children that were left after them in the Land, whom the children of Israel were not able utterly to destroy, of them did Solomon raise a levy of bondservants, unto this day. But of the children of Israel did Solomon make no bondservants.³³⁹Ibid., Verses 20-22. This project he did in accordance with the Law, for they accepted the observance of the seven commandments³³⁴See Vol. I, p. 417, Note 148. upon themselves. Now it is clear that since Solomon was able to draft them as his laborers, he had power over them and he could have destroyed them, except that it was permissible to let them live, as we have written.

כי תקרב אל עיר, "When you approach a city, etc." Perhaps this paragraph alludes to something that Rabbi Shimon bar Yochai said in Zohar volume 2 page 62 that G'd sends man an additional soul to guide him on the right path and to save him from committing sins against Him. In our paragraph we may perceive G'd as addressing this additional soul telling it: "when you approach a city," i.e. the body of the human being whom you will inhabit which is kown as עיר. We know from Zohar Chadash Ruth page 97 on the verse in Kohelet 9,14: עיר קטנה ואנשים בה מעט, "there is a small city with few inhabitants," that the city Solomon speaks of is the human body. This additional soul may be the "miracle" needed to protect the Jewish soldier at the time he goes into battle as it helps stop him from committing sins which could result in his violent death in war.