Commento su Deuteronomio 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.

כי תקרב אל עיר, Rashi understands this paragraph as speaking of a מלחמת רשות, a war sanctioned by Hashem, but not conducted for reasons of self defense. Nachmanides, elaborating on this, adds that Rashi was forced to offer this interpretation on account of what is written a few verses later, i.e. that if in spite of peaceful overtures the inhabitants of the city described insist of conducting a war against the Israelites, then the males are to be killed, whereas the women and even the male children are to be kept alive, which is different from the rules of the Torah when the seven Canaanite nations will be attacked. There, all the inhabitants of such cities are to be killed regardless of sex or age. What is noteworthy is that even when confronting cities of the seven Canaanite nations about to be driven out from their country or to be killed, the Torah commands the people to offer surrender first. These Canaanites, if willing, will even be accepted as converts and thus escape death or forced exile. This is what Moses had done with the people under the rule of Sichon, King of the Emorite, one of the seven Canaanite nations. [This editor does not see evidence that any of Sichon’s subjects had converted to Judaism, although Rachav, who had hidden the two spies in Jericho, was saved and not enslaved or exiled, although judging from her own words she may have been close to conversion to Judaism long before Joshua crossed the Jordan. Ed.] It appears that there was a difference between the offer of peace to the cities of the seven nations on the one hand, and those in more distant countries, not Canaanites. The latter were informed that if they wanted to survive they could accept subservient status to the Israelites, work for them, etc, but lose their independence, whereas a similar offer to the Canaanite cities contained an additional rider, namely that they had to abandon idolatry and accept the seven Noachide laws. This had to be a minimum as the Torah had expressly forbidden sparing the lives of any idolatrous population in what was going to be the land of Israel. Once they would have become enslaved to the Jewish people, they would find out that their idols and any remnants of their religious symbols would be destroyed, in accordance with Torah law, which does not tolerate the existence of such relics of idolatry in the Holy Land. Rashi, on the other hand, states that no compromise of any kind was permitted with the seven Canaanite nations and they either were killed or had to emigrate to escape such a fate. According to his view, even total conversion to Judaism was not an option for them. Nachmanides does not concur, as he interprets the warning by the Torah in verse 18 that the presence of these people in the Holy Land represents a danger that they will influence the Israelites culturally and morally, as clearly demanding that these people must leave or be killed. The Jerusalem Talmud states that Joshua offered to such people that they become labourers for the Israel performing menial tasks, such as hewing wood and carrying water. Exodus 23,33 makes it plain that these people are considered as a cultural hazard “if they continue to practice their religion.” In Nachmanides’ view this means that if they abandon idolatry they may live in the land of Israel, but as slaves or serfs. We are familiar with the story of Gibeonites, who pretended to have come from outside the land of Canaan in order to qualify for conversion of sorts. When Joshua found out too late (after having made a solemn deal with them) that he had become the victim of a fraud, he did not kill these people but made labourers of them, a status that continued down to the time of Solomon over 400 years later. (Joshua chapter 9) If these Gibeonites had not first misrepresented themselves causing the Israelites to make a pact with them reinforced by an oath, Joshua would not have punished them by denying them all the rights that normal converts are entitled to. Under the unusual circumstances at that time Joshua saw himself forced to apply what is written in Some commentators interpret the line והיה אם שלום תענך, as applying only at the time when the offer is first made. If the offer is not accepted immediately, there is no second opportunity to save one’s life by means of converting to Judaism, so that Joshua would have acted illegally by granting them a second opportunity, and he should not have accepted them. [The fact is that there were bloody repercussions later on both in the time of King Sha-ul and King David. (Compare Bamidbar Rabbah, 8)

VV. 10 — 14. כי תקרב וגו׳. Die vorhergehenden Bestimmungen regeln den Heeresbann zur offenen Feldschlacht; es folgen nun Bestimmungen von Belagerungen. Es wird zur Pflicht gemacht, immer zuerst לשלום, friedliche Beziehungen anzubieten, und wenn die Stadt sich freiwillig ergibt, so darf keiner Person und keinem Gut das Geringste geschehen; sie werden nur zur Tributpflicht und Untertänigkeit verhalten, יהיו לך למס ועבדוך. Nach allgemeinster im ספרי und ירושלמי ausgesprochener und auch vom הל׳ מלכים) רמב׳׳ם Vl, 1) und רמב׳׳ן z. St. vertretener Auffassung war diese Friedensentbietung überall und auch bei der Eroberung des Landes den Bevölkerungen gegenüber Pflicht. Auch ihnen wurde Frieden und ein tributäres untertanpflichtiges Verbleiben im Lande, jedoch nur unter der Bedingung der Lossagung von ע׳׳ז und Rückkehr zu den allgemeinen menschlichen Sitten- und Rechtspflichten, שבע מצות בני נח, angeboten. Die hier Verse 16 — 17 vorgeschriebene Vertilgung aus dem Lande war nur geboten, wenn sie auf diese Friedensbedingungen nicht eingehen und mit Beibehaltung ihrer polytheistischen Lebensweisen sich im Lande behaupten wollten.

וקראת אליה לשלום, “you shall first offer peace to that city. According to some sages the rule mentioned here even included nations who the Israelites had been ordered by G–d to kill every “soul.” However, this command did not apply if the inhabitants agreed to vacate the town and relocate outside the Holy Land. We know that peace is superior to war, i.e. hostility, from when G–d Himself changed what Sarah had thought about her husband when she considered him too old to impregnate her with effective sperm. (Genesis18,12) He did not tell him about that part of her reaction to the angel’s prediction that by the following year she would have a son. We have a verse in Hoseah 4,17: חבור עצבים אפרים הנח לו, “Ephrayim is addicted to images,- let him be.” This verse is quoted by Rashi in connection with the verse we just quoted from Genesis, where he says that this cannot be understood at face value, i.e. that the prophet should not predict doom for idol worshippers. Our author cites several additional examples of where we cannot take a quotation at face value, especially when the brothers after Yaakov’s funeral quote their father as having commanded them to ask Joseph for forgiveness. (Genesis 50,17) The Torah wrote this in order to preserve harmony between Joseph and his brothers, not because Yaakov had actually said these words. Both the blessings by the priests end with bestowing the blessing of peace and the last of the 19 benedictions in the amidah prayer that we recite at least three times daily, concludes with the blessing of shalom, peace. Our sages in the Talmud, tractate Gittin folio 61, bid us to greet a gentile with the blessing of shalom before waiting for him to greet us, and in the event that he does to respond with using the expression shalom twice. Seeing that this might appear insincere on our part, the Talmud urges us to greet him before he can greet us so that we can avoid using the word shalom twice when greeting him, something that is forbidden in the Talmud, tractate Gittin folio 62. On folio 59 in the same tractate we are also told not to accept something that had been found by a deaf person or a minor, as it might have come into his possession illegally. We are also to feed the poor of the gentiles, all in order to maintain harmonious relations with the gentiles, generally. For all these reasons Hashem blessed His people with shalom (Psalms 29.11)

The Torah was careful to write עליה, which here needs to be translated as "on her account." The idea is that this soul is intended to save the body from the evil urge; it is in line with the verse in Kohelet 9,14 which continues ובא אליה מלך גדול, (the small city) "against which a great king comes and lays siege to it, An insignificant looking wise man saves that small city from the onslaught of the great king using his wisdom" (compare Nedarim 32).

So heißt es im Jeruschalmi (Schebuoth vl, 1): שלוש פרסטניות שלח יהושע לארץ ישראל עד שלא יכנסו לארץ מי שהוא רוצה להפנות יפנה להשלים ישלים לעשות מלחמה יעשה גרגשי פינה והאמין לו לה׳ב׳ה והלך לו לאפריקי גבעונים השלימו שלשים ואחד מלך עשו מלחמה ונפלו. Drei Kundmachungen schickte Josua vor sich her, bevor er ins Land zog: wer sein Land räumen will, der gehe fort, wer Frieden eingehen will, der schließe Frieden, wer Krieg führen will, der führe Krieg. Girgaschi verließ das Land und ging nach Afrika, die Gibeoniten wählten den Frieden, die einunddreißig Könige den Krieg und fielen. Daher wird auch Josua 11, 19 berichtet: לא היתה עיר ׳אשר השלימה אל בני ישראל בלתי החוי יושבי גבעון וגו, dass außer den Gibeoniten keine Stadt in Friedensbeziehungen zu Israel habe eingehen wollen, was offenbar voraussetzt, dass diese Friedensbeziehungen ihnen angeboten worden. Wenn daher gleichwohl die Gibeoniten glaubten, ihre Zuflucht zu einer List nehmen zu müssen, so müssen sie, wie dies auch die Kommentatoren erläutern, entweder den einfachen Friedensanbietungen Josuas nicht getraut, oder ein über die Friedensbedingungen hinausgehendes Verhältnis, ein כריתות ברית angestrebt haben, wie sie dies selbst in ihren Anträgen: כרתו לנו ברית bezeichneten, das jedoch Israel ausdrücklich (Schmot 34, 14) verboten war.

וקראת אליה לשלום, "and you call out to her: 'peace'." The meaning is that you do not immediately wade into the den of iniquity (your evil urge) and try to conquer it in one single frontal assault; rather you first suggest that it also give heaven its due, as a result of which it will experience great benefits. As a result the evil urge will allow that man has a duty also vis-a-vis heaven. After all, secular activities such as eating and drinking in this life also enable man to perform his spiritual tasks better. As a result of this accomodation with the evil urge one assures oneself of not losing one's hereafter altogether.

Es wird ferner (Verse 12. — 14) zur Pflicht gemacht, dass bei einer mit Kriegsgewalt erzwungenen Einnahme einer Stadt nur die wehrbare Mannschaft dem Schwerte erliegen dürfe, Weiber aber und Kinder und auch alles andere zur Beute fallende lebende und leblose Gut keiner Verletzung und Zerstörung unterliegen sollen.

והיה אם שלום, It will be if "peace," etc. The word והיה as usual, refers to something joyful; here too, if your approach to the evil urge is in the manner we have just described so that you have opened the door a crack to spiritually positive values, G'd in His turn will open this door wide, i.e. והיה כל העם הנמצא בה, so that it embraces all the "people" i.e. the 248 bones and 365 sinews which man's body is constructed of and they will all become subservient to the soul (instead of to the evil urge). The body will then perform both the positive commandments and refrain from violating the negative commandments. ועבדוך, "and they will serve you," i.e. like a slave who is afraid of his master and will neither deviate to the left nor to the right.

-15. ואם לא תשלים, "If she is not prepared to surrender peacefully," If the "city" does not accept the soul's proposal to allow heaven its due, or that even after man began to become a penitent he slid back into sin, then you have to make all out war against the city, i.e. the evil urge. The words ועשתה עמך מלחמה, refer to the body, i.e. the evil urge making war against you. We know that once an attempt to become a בעל תשובה fails, the chances are that the forces of evil will redouble their efforts against any religious instincts a person has. [We have a phenomenon in Israel called חוזר בשאלה. These are persons who used to be very pious but have left the fold. They are not neutral in their attitude as a result of having abandoned the Jewish tradition but become virulently anti religious seeking every opportunity to besmirch our tradition and the people who observe it. Ed.] The author describes a similar process taking place within the personality of the Jew described in our verse. We have learned in Berachot 5 that as a matter of principle one's good urge should be in a constant state of confrontation with one's evil urge. This means that one should deny oneself things which are permitted, should observe private fasts, and even flagellate oneself, all in order to weaken the power of the evil urge. This is why the Torah adds והכית כל זכורה, this will enable you to vanquish all its males, i.e. the forces of Samael and his armies.

לפי חרב, "by the sword." In our context these words may be understood as analogous to Psalms 149,6: רוממות קל בגרונם וחרב פיפיות בידם, "when they have songs of praise to G'd in their throats this is equal to having two-edged swords in their hands."

רק הנשים והטף, "Only the women and the children, etc." The word נשים refers to the נפש ורוח, both of which are called "women" in comparison to the higher soul known as נשמה. The word הטף refers to the commandments and good deeds a person has performed (and which are considered his children) prior to his becoming despised by G'd as a sinner. In the case of a wicked person, G'd says of him (Psalms 50,57: "concerning the wicked G'd said: 'who are you to recite my laws?'" When a person turns penitent, these good deeds he had performed (while an active sinner) are accounted for him as merits. We also have a statement in Yuma 86 according to which even inadvertently committed sins will be accounted as merits after a person becomes a בעל תשובה. All of these are subsumed under the heading טף, "children."

והבהמה וכל אשר בעיר תבוז לך, "and the beasts and all that is in the city you may plunder for yourself;" the word "beasts" refers to the animalistic desires a person suffers from, his love for everything sensual and material. A true בעל תשובה will be able to put all these urges and desires to use in his efforts to serve the Lord.

כן תעשה לבל הערים הרחוקות, "So you shall do to all the cities which are distant, etc." All the commandments mentioned in this paragraph have been given only to the "cities," i.e. the bodies which have become distant from G'd. We know from Isaiah 57,19 that G'd offers peace to the near and the far. The "far" are the sinners. He has become distant from his holy source, the שכינה from where all holy souls originate. However, מערי העמים האלה, "from any city of these nations" (Canaanites) cities of the Gentiles, which never had contact with sanctity and which had left its source due to its many sins, such a city has no hope of returning to a sanctity it had never possessed in the first place. This is why the Torah mentions אשר לא מערי הגוים, that all the Torah's exhortation to return to the fold is addressed only to the Jew. Others, such as the cities of the seven Canaanite nations, have to be annihilated completely. Moses made the mistake in accepting as proselytes the mixed multitude which he took out of Egypt with the Jewish people (Shemot Rabbah 42,6). G'd had told him in Exodus 7,4: "I will take out My hosts, My people," meaning that He would only redeem the Israelites who had holy roots. The root of these people was evil and they would not fit into a holy society. When Moses "revived" them he did not revive their נשמה as they never had a נשמה in the first place which he could have revived.