Halakha Ulangan 7:2: Gray Matter I, Mishneh Torah, Kings and Wars, Mishneh Torah, Foreign Worship and Customs & Mishneh Torah, Negative Mitzvot

The Mishnah (Avodah Zarah 19b) prohibits the sale of Israeli real estate to non-Jews, providing another possible reason to prohibit ceding land. This is based on the Torah's words, "Lo techaneim" (Devarim 7:2). The Gemara (Avodah Zarah 20a) interprets these words as "lo titein lahem chanayah bakarka" ("Do not give them permanent dwelling in the Land"). Some prohibit giving land to non-Jews even to save lives (see Teshuvot Dvar Yehoshua 2:48), while others argue that this prohibition may be ignored if lives would thereby be saved (see Rav Ovadia Yosef, Techumin 10:34-47). Rav Ovadia also points to the minority of authorities, such as the Bach (Choshen Mishpat 249:2), who claim that lo techaneim does not apply to non-Jews who do not worship idols, such as Muslims.

Joshua dispatched three communiqués before entering the Land. The first one he sent read, “Whoever wishes to flee, may flee”. The next read, “Whoever wishes to make peace, let him make peace”. The next read, “Whoever wishes to make war, make war”. If so, why did the residents of Givon go and deceive us³⁹Saying, “we are from a distant land” when they could have simply made peace with us (Joshua 9:9).? He had sent the (first) letter to them, and they did not accept it. Being unaware of the Laws of Israel, they thought that we won’t again be offering them peace⁴⁰After the first time, i.e., they would not have a second chance.. So, why was this matter difficult for the Heads⁴¹Of the Tribes., and they saw that it would have been proper to smite them by sword were it not for the oath⁴²That they made with the Givonites.? Because they made a treaty with them, and it says, “make no peace treaty with them” (Deut. 7:2). Thus, their verdict was that they were to be serfs. Now, since we, in error, made an oath with them, by law, they should have been killed because they deceived us, were it not for the disgrace doing so would have caused to G-d’s Name.

It is forbidden to make a covenant of peace with the seven Canaanite nations, such peace as would permit them to continue the worship of idolatry, even as it is said: "Thou shalt not make any covenant with them" (Deut. 7.2). They shall either repent themselves of their worship, or be slain. It is moreover, forbidden to have mercy upon them, as it is said: "Nor show mercy unto them" (Ibid.). Therefore, if one saw one of them lost or drowning, he should not bring him up; if he sees him dying, he should not save him; but to destroy wantonly or to push him into a pit, or the like is forbidden, as long as he wages no war. That is saying concerning the Seven Canaanite nations; but as for informers and infidels of those times the war was to destroy them by one's own hand and to lower them to the nethermost pit of destruction because they persecuted Israel, and turned the people from following God.¹Ibid. 26a. C.