Halakhah su Deuteronomio 20:10

Rabbi Mordechai ha-Kohen demonstrates that it is mandatory that peace terms be set forth before engaging in hostilities. In this article the author endeavors to prove that normative Halakhah requires the initial proffering of peace terms even in the case of obligatory wars in accordance with the ruling of Rambam, Hilkhot Melakhim 6:1, and concurring authorities in contradiction to the ruling of the Sifre, Deuteronomy 199, and Rashi in his commentary on Deuteronomy 20:10. The latter sources regard this provision as being operative only in the case of permissible wars to the exclusion of obligatory wars.

And also from this matter is that which they also said, that whether it is an optional war or a commanded, it is permitted for the front line of the army when they enter into the borders of the gentiles, and they are hungry and and they do not have provisions, to eat [their] foods - and even forbidden foods, such as carcasses, and 'torn' [animals] and pigs - and to drink idolatrous wine. And so did they, may their memory be blessed, expound (Chullin 17a), "'And houses filed with everything good' (Deuteronomy 6:11) - even [fatty] pigs' necks were permitted to us." And about this is it stated (Deuteronomy 20:10), "When you approach a city, etc." until the end of the section. [These] and the rest of the details of the commandment are in the second chapter of Sanhedrin and the eighth of Sotah.

Not to seek their peace in a war: That we have been prevented from making peace with Ammon and Moav forever. And this matter is that God commanded us that when we besiege countries that we should request [terms of] peace with them before the war, and as I have written in the Order of Shoftim about the commandment to call out for [terms of] peace in an optional war (Sefer HaChinukh 527). And with Ammon and Moav, we have been prevented from this practice. And about this is it stated (Deuteronomy 23:7), "You shall not seek their peace or their welfare, etc." And so did they did they say in Sifrei, "It is implied from that which is stated (Deuteronomy 20:10), 'When you approach a city to fight against it, etc.' Is it possible also here? Therefore [the verse] teaches us to say, 'do not seek their peace.'"