Halakha Ulangan 20:10: Mishneh Torah, Kings and Wars, Mishneh Torah, Positive Mitzvot & Sefer HaChinukh

War is not conducted against anyone in the world until they are first offered peace (and refuse it), whether this is a Discretionary War or a War of Mitzvoh, as it says, “when you come close to the city to fight with it, you shall call to it to make peace” (Deut. 20:10). If they make peace and accept the Seven Commandments incumbent upon the Sons of Noah (Gentiles), none of them are killed, but they must pay us tribute, as it says, “and they shall be for you a tributary, and they shall serve you” (Deut. 20:11). If they propose to accept upon themselves the payment of the tribute but not servitude to us or they accept servitude but not the tribute, we ignore their proposal until they accept both. The servitude referred to here is one of disgrace and is demeaning. They are not to raise their heads up to Israel for any reason. They must be subjugated to us and may never be assigned to a Position over us. The tribute they must pay shall be for service of the king, with their bodies and their money, such as the building of the walls³⁷Of Jerusalem. and the strengthening of fortresses and the building of the royal palace and similar, as it says, “And this is the account of the levy which King Solomon raised to build the Temple of G-d, and his palace, and Milo, and the wall of Jerusalem…and all the store-cities which Solomon had…the Emorites who remained…and Solomon imposed a head-tax, until this very day. And of the Children of Israel, Solomon made none a bondsman; but they were the soldiers and his servants and his officers and his captains and those in charge of his chariots and his horsemen” (I Kings 9:15-22).

We do not extend offers of peace neither to Ammon nor to Moab, as it says, “do not seek as to their peace or their prosperity all your days” (Deut. 23:7). Our Sages have said that from what it says, “and you shall call upon her (the city) to peace” (Deut. 20:10) we might have thought that we can offer Ammon and Moab peace, were it not to say “do not seek their peace”. From the phrase, “With you he shall dwell…and you shall not wrong him” (Deut. 23:17) one would think that we can offer peace to Ammon and Moab. However, from the phrase, “and for their prosperity” we learn that although we do not offer them peace if they, on their own, make peace, we accept them.

In a permissive^****** As distinguished from obligatory wars. war, to observe the procedure prescribed in the Torah, as it is said, “When thou comest nigh to a city, (then proclaim peace unto it)” (Deut. 20:10).