Komentarz do Powtórzonego Prawa 20:11

כל העם הנמצא בה ALL THE PEOPLE THAT IS FOUND THEREIN [SHALL BE TRIBUTARIES] — all: even if you find in it persons belonging to the seven nations which you have been commanded to exterminate, you are allowed to keep them alive (Sifrei Devarim 200:2).

TRIBUTARIES UNTO THEE, AND THEY SHALL SERVE THEE. “[Their surrender is not to be accepted] until they accept tribute and servitude upon themselves.” This is the language of Rabbeinu Shlomo [Rashi]. And in the Sifre the Rabbis have said:³⁴⁰Sifre, Shoftim 200. “If they say ‘We accept tribute upon ourselves but not servitude’, or ‘servitude but not tribute,’ they are not to heed them until they accept both upon themselves.”
Now the purport of the tribute was that the king of Israel or the Sanhedrin could impose a levy upon them, [drafting men] to build the king’s palace and his store-cities, also the House of G-d. The servitude was that any Israelite could take one of them to be the hewer of his wood and the drawer of his water and pay him proper wages. This is the sense of what is written in connection with Solomon a levy of bondservants,³⁴¹I Kings 9:21. meaning that they took upon themselves [both] tribute and servitude as is the law of the Torah. [However, the law of the Torah is] not as is written, And it came to pass, when Israel was waxen strong, that they put the Canaanites to tribute, but did not drive them out entirely,³⁴²Judges 1:28. for “servitude” is not mentioned there. Instead it was like a king who bribes a more powerful king not to wage war against him.
Know that the matter of the Gibeonites³⁴³Joshua 9:3-27. came to pass because they did not know the law of Israel with respect to proclaiming peace, and therefore they put forward their plan, before Joshua’s proclamation arrived. Hence they said, and we were sore afraid for our lives.³⁴⁴Ibid., Verse 24. Or it may be that, at first they did not wish to hearken to Joshua’s offer [thus laying themselves open to invasion], and in the end they became frightened and disguised themselves as strangers, as it is written, And when the inhabitants of Gibeon heard what Joshua had done unto Jericho and to Ai, they also did work wilily.³⁴⁵Ibid., Verses 3-4. Their trickery helped them yet in that they did not become their servants, but their confederates.
The Israelites were irritated at them and would have killed them had it not been for the oath of the princes³⁴⁶Ibid., Verse 19. because the Gibeonites should have taken upon themselves tribute and servitude, as we have said, while they [the princes] made a covenant with them to be equal and to be their confederates helping each other in their wars. They made peace with them [the Gibeonites] because they had thought that they were [from] very distant cities, from the peoples against whom they [the Israelites] had no intention of advancing. Therefore, Joshua cursed the Gibeonites, saying, Now therefore ye are cursed,³⁴⁷Ibid., Verse 23. meaning that they are of the accursed peoples whom the Eternal had cursed, and he did to them according to the law appropriate to be applied to them, to fulfill that which is written concerning them, tributaries unto thee, and they shall serve thee, that they be hewers of wood and drawers of water for the congregation, and for the altar of the Eternal,³⁴⁸Ibid., Verse 27. this being the tribute and the servitude, as we have explained.
And some scholars³⁴⁹This opinion is found in Tosafoth, Sotah 35b. say that the meaning of the verse, And it shall be, if it make thee answer of peace etc.³³⁰Verse 11. is [that it applies only to an answer given] at the time of the proclamation [of peace]. But if at first they refused to make peace, we no longer accept them. The Gibeonites refused at first to hearken to Joshua’s proclamation and the law therefore did not require the Israelites to accept them. And Harav Rabbi Moshe [ben Maimon] wrote³⁵⁰Hilchoth Melachim 6:5. that “they were irritated at them because [they tricked the Israelites into] making a covenant with them, when it is said, Thou shalt make no covenant with them, nor with their gods.”³⁵¹Exodus 23:32. But this does not appear to be correct, for the Gibeonites had surely taken upon themselves not to worship idols, as they said, thy servants are come because of the name of the Eternal thy G-d.³⁵²Joshua 9:9. Therefore, Joshua did not have to tell them afterwards that they must take upon themselves to worship G-d. And if so, it was permissible for the Israelites to make that covenant with them, just as they were permitted to dwell in the Land, for both, [the making of a covenant, and the dwelling in the Land] were prohibited only before repentance [from the sin of idolatry], as He said, lest they make thee sin against Me,³³¹Exodus 23:33. and so also He said, Thou shalt make no covenant with them, or with their gods.³⁵¹Exodus 23:32. But the explanation of the Gibeonite affair is as we have said.

Even if you should find in it members of the seven nations, etc. You might ask, why do we need a verse [to teach us this]? We can derive this from the inclusionary term, “And you capture prisoners from them,” which teaches us to include the Canaanites among them, as Rashi explains later (21:10)! The answer is that if [we learnt this] from there, one might have thought that only if they were found in a town that did not make peace [with you] where one is obligated to kill all the males inside, is the Torah lenient regarding the [female and minor] Canaanites inside, allowing them to be saved with the town’s women and minors, since the men, who are the principle idolaters, are killed. But if they are found in a town that made peace where everyone is saved [including] the men, women and children, one might say that the Canaanites inside are to be treated as if they were in their own town. So [the extra verse] tells us [that this is not so, and the Canaanites are saved even in the latter case]. And if [we learnt] from here, one may have though that this applies only when they were found in a town of other nations that had made peace, because since they submitted to us, the Torah is lenient regarding the Canaanites inside. But if they were found in a town of other nations that did not make peace, whose men are killed, one might have thought that the [female and minor] Canaanites inside are also killed as if they were in their own town. So Scripture tells us [that this is not so and the Canaanites are saved even in this case]. These are [the words of] Re”m. (See what I write later regarding this).

למס ועבדוך, “shall become liable to be taxed by you and become subservient.” Rashi explained that it is sufficient that they make an oral declaration to do so. Seeing that some of their cities may be a long distance away from you, it is unlikely that they will teach you and your children their pagan culture; this is why the rule that you must not allow a soul to survive in the lands captured by Joshua does not need to be applied in such situations as described here. Conversion to Judaism by any of the members of the seven Canaanite nations whose territory would form the first Jewish state is out of the question.

למס ועבדוך [ALL THE PEOPLE … SHALL BE] TRIBUTARIES [UNTO THEE], AND THEY SHALL SERVE THEE — You must not accept their surrender until they take upon themselves both the payment of tribute and servitude (one alone is not sufficient) (Sifrei Devarim 200:3).