Comentário sobre Deuteronômio 20:8

ויספו השטרים AND THE BAILIFFS [SHALL SPEAK] FURTHER [UNTO THE PEOPLE] — Why does it here state: they shall speak further unto the people? The meaning is that they added this to the words of the priest, for the priest spoke and proclaimed from שמע ישראל (v. 3) to להושיע אתכם (end of 5:4), whilst the paragraphs beginning with מי האיש (v. 5) and with the second מי האיש (v. 6) and with the third מי האיש (v. 7) the priest said quietly and the officers proclaimed. This paragraph, the officers spoke and proclaimed, so that Scripture rightly introduces this last part by the word ויספו השוטרים (Sotah 43a).

AND THE OFFICERS SHALL SPEAK FURTHER UNTO THE PEOPLE, AND THEY SHALL SAY: ‘WHAT MAN IS THERE THAT IS FEARFUL.’ According to the opinion of Rabbi Yosei the Galilean [who says, the fearful is someone who is afraid that he will fall in battle as punishment for his transgressions],³⁰⁹Sotah 44a. after the priest had assured them that G-d would help them and that not one man of them will be lacking, it was fitting that the righteous put their trust in Him, [that He will help them not to be overthrown in battle]. Then, the officers warn those that are afraid [to go into battle] because of the transgressions they had committed. The Torah, therefore, gave everyone the opportunity of attributing his return home because of his house, his vineyard, or his wife, in order to serve as a pretext for others who are returning home because they are afraid of their transgressions. And the meaning of the expression lest he die in the battle [mentioned in each of the three categories]³⁰³Verses 5-7. is that he will think so in his heart and he will flee [despite the fact that the priest had already assured them that no one would be lacking after the battle]. But in the opinion of the Rabbi Akiba [who says that fearful is he who cannot endure a pitched battle or bear to see a drawn sword,]³⁰⁹Sotah 44a. the verse is to be understood in its simple meaning, that whoever is still afraid after the assurance of the priest, does not trust in G-d properly and the miracle [of being saved] will not be done for him [and therefore the Torah gave him the opportunity to return home].

מי האיש הירא, "Who is the man who is afraid, etc." We are told in Sotah 44 that our verse speaks of soldiers who are afraid to die in battle due to sins they had committed. We find such a concept in Isaiah 33,14: "Sinners in Zion are frightened." It is natural that people who have sinned should be worried. Even people who are not aware that they did commit sins would start to worry about such a possibility when they go to war, on a dangerous mission. Shulchan Aruch Or Hachayim 54 mentions that one has reason to worry even if one only knows that one spoke during certain parts of the prayers when one should not have interrupted one's prayer by talking. The reason is simple. When one goes into battle one needs a miracle in order not to be hurt. If one is guilty of sins which one has not atoned for one cannot expect G'd to perform a miracle.

ילך וישוב לביתו. If he is afraid that his mazzal is poor

מי האיש הירא, “who is the man who is fearful;” he does not trust the assurance by the priest.”

מי האיש הירא, “who is the man who is afraid?” to kill others; ורך הלבב, “and faint of heart,” to be killed (Ibn Ezra).

R’ Yosi Hagalili said, one who is afraid because of his transgressions, etc. Rashi means to say, R’ Yosi Hagalili is of the opinion that there cannot be death without transgression, and thus, if he is without transgression, why should he be afraid of battle? So most certainly he is afraid of his transgressions. But now Rashi questions: If there is no death without transgression, why then does the Torah decree to return [from going to battle] because of one’s house, or vineyard or wife [to protect those who return because of their transgressions]? If they [the latter] are without transgressions, they do not return even because of a house, or vineyard or wife according to R’ Yosi Hagalili! Rashi answers that they certainly do not have transgressions. But the Torah decrees that they return in order “to protect those who return because of their transgressions, etc.” Rashi then questions that according to R’ Yosi Hagalili who says that the reason that they return because of a house, vineyard or wife is in order to protect those who return because of their transgressions, why does Scripture write regarding each one of these “lest he die in battle,” which implies that he returns because of [fear of] death? This indicates that there is death without transgression! Rashi answers: [This is what Scripture is saying:] “Lest he die in battle, etc.” [He should return lest he die, for if he transgresses the words of the kohein, he deserves to die.]”

V. 8. ויספו וגו׳. Die hier folgende Aufforderung steht ganz in dem Dienste des Kriegszweckes, sie wird daher lediglich von den Militärbeamten gesprochen und dem Volke zum Verständnis gebracht, שוטר מדבר ושוטר משמיע, und findet dabei keine Beteiligung der כהנים statt (Sota 43 a). Es ist die Aufforderung an jeden, dem der körperliche Mut und die Standfestigkeit fehlt, die dazu gehören, לעמוד בקשרי המלחמה ולראות חרב שלופה, dem Anprall des Feindes gegenüber in Reihe und Glied Stand zu halten und gezückte Schwerter furchtlos zu sehen (daselbst), heimzukehren, damit seine Schwäche nicht ansteckend werde und anderen zum Verderben gereiche. Eine nicht als Halacha rezipierte Ansicht (daselbst) versteht ירא ורך לבב nicht von dem Mangel an körperlichem Mut, sondern von durch Bewusstsein noch ungesühnter Vergehen erzeugter Verzagtheit, המתיירא מן העבירות שבידו, und meint, dass eben solchen das Gesetz durch Gestattung der Rückkehr aus häuslichen Gründen (Verse 5 —7) einen vor Beschämung schützenden Vorwand habe gewähren wollen. Wie bemerkt, ist diese Ansicht nicht als Halacha aufgenommen und stände sie auch nicht mit der oben aus dem Jeruschalmi zitierten Bestimmung im Einklange, nach welchen alle die aus häuslichen Gründen Heimkehrenden sich über diese Verhältnisse ausweisen mussten. מאירי hält jedoch להלכה die Ansicht des ר׳ יוסי fest und beschränkt dieselbe auf עבירות של תורה שהן ידועות לכל.

מי האיש הירא, “who is the man who is afraid?” The first part of this verse speaks about people whose fear is based on becoming the victim of painful injuries, or worse.

הירא ורך הלבב [WHAT MAN IS THERE] WHO IS FEARFUL AND FAINT-HEARTED — Rabbi Akiba said, Take these words as what they literally imply; they mean that he cannot stand in the dense ranks of battle and look on a naked sword. Rabbi Jose, the Galilean, said that it means one who is afraid of the sins he has committed, and therefore Scripture gave him the opportunity of attributing his return home to his house, his vineyard, or his wife, in order to veil the motives of those who really returned because of the sins they had committed, so that people should not know they were great sinners, and whoever saw a person returning would say, “Perhaps he has built a house, or planted a vineyard or betrothed a wife” (Sotah 44a).

and he would die in battle, seeing that G’d made him worry that he might not live to consecrate his new home, wed his bride, or eat from the fruit of his vineyard, he had assumed that if he was now required to participate in this war it was apparently ordained to prevent him for realising his objectives on earth.
The Torah selected three examples of what would inspire such fear, concern over one’s house, one’s wife, and one’s vineyard. Having first named these specific concerns and declared them as legitimate under the circumstances, the Torah proceeds to include all other kinds of concerns which inspire fear for his impending death in the heart of a person. (verse 8). This pattern is not as unusual as it strikes us at first glance, seeing that Solomon employs it in Kohelet 1,3-9. He begins by listing examples of things he considers futile in this life, such as 1) a generation goes, another takes its place, a constant change, nothing remaining whereas the “dead” earth remains forever.
2) The sun rises and the suns sets; 3) the rivers all end up in the ocean but the ocean never flows over. Solomon tires of listing all the phenomena that recur constantly since the days of creation, all except man, because no new generation is exactly like the generation preceding it. The result is that the generation that has died is not remembered as it has never been replaced. This is why Solomon considers death the most futile phenomenon, seeing it wipes out what there was without replacing it. By the time Solomon reaches verse 9 he comes to the conclusion that seeing that there is nothing new in this life on earth which has not happened before, everything is remembered by reason of that very fact. However, just because one generation is not at all like a previous generation, man’s existence is apt to be forgotten, precisely because there is no one around anymore to duplicate what previous generations have done. There is therefore nothing by which to remember the existence of previous generations. (verse 11 there)

ורך הלבב, “and he is of faint heart;” he is constitutionally unable to face swords and blood. Nachmanides writes that according to the approach by Rabbi Yossi Hag’lili who interprets the word הירא as not applying to physical fear but to fear of retribution for the sins he is aware of having committed, the words פן ימות must be understood that he is afraid of dying as punishment for his sins. He may therefore plan to desert his comrades, rationalizing his action by the priest having promised his compatriots that they will remain unharmed, i.e. his absence does not weaken the army. They, his compatriots, will not be at risk on account of his sins. According to Rabbi Akiva, who interprets the words in our verse as one reads them, at face value, simply says that if someone even after being reassured by the priest, G’d’s interpreter, still feels afraid that G’d would not perform a miracle on his account and save him, he is sent home so that he does not undermine the morale of his fellow soldiers. The Jerusalem Talmud Sotah 8,9 quotes a view according to which all those claiming release from the army must furnish proof of their “excuses,” and that according to the view of Rabbi Yossi Hag’lili the person afraid of retribution for his sins must furnish proof that he is indeed guilty of such a sin, except the person who claims to be afraid and all can see from his demeanour that he is a coward.

FAINT-HEARTED. The meaning thereof is that it is not in his nature to see the stroke of the sword, and slaughter,³¹⁰Esther 9:5. for the fearful is he who does not trust, and Scripture commands him to return to his home because of his deficient trust. The faint-hearted is sent home because of the weakness of his nature, for he will flee or faint. Now the Rabbis have said in the Yerushalmi³¹¹Yerushalmi Sotah VIII, 9. that “all who return home need to bring proof for their words,” that is to say, they are to bring proof concerning the [new] house, the vineyard, or the wife before the captain of the host who then gives him permission to return home. Similarly they also said according to the opinion of Rabbi Yosei the Galilean [who says the fearful is he that is afraid because of his transgressions] that he needs to bring proof concerning the transgression he committed, for otherwise most of the people would have been returning home under false pleas. But according to Rabbi Akiba, the faint-hearted cannot endure pitched battle or bear to see a drawn sword,³⁰⁹Sotah 44a. [the Yerushalmi states] he need not bring proof, “for his witnesses are with him” [i.e., everybody sees that he is fearful and faint-hearted].

The second part of the verse describing “fear,” speaks of someone who is uncomfortable about having to inflict pain, injury or worse, on opponents that have never done him any harm or even threatened to do so. Such a person is described by the Torah as רך הלבב , “faint hearted.” (Ibn Ezra)

ולא ימס את לבב אחיו , “so he will not melt the heart of his buddies.” According to the author of halachot gedolot (Rabbi Yehudah ben Rabbi Shemuel of the ancient academy in Sura) the above words are a negative commandment, applicable to the שוטרים not to deny that “coward’s” application to go home.

LEST HIS BRETHREN’S HEART MELT AS HIS HEART. The author of the Hilchoth Gedoloth³¹²See Vol. II, p. 350, Note 70. considered this verse a negative commandment, meaning that [if he is fearful and faint-hearted] he should not avoid returning home, lest he melt his brethren’s heart like his own.³¹³In his Supplementary List of the negative commandments to Rambam’s Sefer Hamitzvoth, Ramban comments on the opinion of the Hilchoth Gedoloth: “In that case the word yimas (melt) is to be understood as a transitive verb [‘lest he cause his brethren’s heart to melt’ “] — Ramban’s intent is to differ with Ibn Ezra who interpreted the word yimas as a passive [lest his brethren’s heart ‘be melted’] and the particle eth [yimas ‘eth’ l’vav echav] is redundant. Ramban’s opinion, as based upon the Hilchoth Gedoloth, is that yimas is a transitive verb and the particle eth is a necessary part of the verse. It is similar to the verse, and its flesh shall not be eaten³¹⁴Exodus 21:28. [which is counted among the negative commandments].³¹⁵See “The Commandments,” Vol. II, pp. 185-186.

ילך וישוב לביתו, “let him go and return to his house.” He is not released from every duty, but is assigned to support the troops in the frontline by keeping the lengthening lines of supply open. This is as opposed to the previous three categories of mobilized men, who are released from any participation.

Any war which involves defending the land of Israel against an invasion by Gentiles is to be resisted without any reservations such as listed above. In fact, according to the Talmud in tractate Sotah folio 44, even a bridegroom just after the vows have been completed must join his unit to defend the country and its people.