Comentário sobre Deuteronômio 23:7

לא תדרש שלמם THOU SHALT NOT SEEK THEIR PEACE [NOR THEIR GOOD] — Since it states, (v. 17) “He (the runaway slave) shall abide with you, even among you, … [where it shall be good for him]” one might think that this (a Moabite or Ammonite runaway slave) should also be treated likewise, therefore Scripture states לא תדרש שלמם THOU SHALT NOT SEEK THEIR PEACE [NOR THEIR GOOD] (Sifrei Devarim 251:2).

THOU SHALT NOT SEEK THEIR PEACE. “Since it is written [with respect to a fugitive slave], He shall dwell with thee, in the midst of thee [where it liketh him best; thou shalt not wrong him],²⁴⁶Further, Verse 17. I might think that the rule also applies to this one [an Ammonite or Moabite fugitive slave]. Scripture, therefore, says, Thou shalt not seek their peace.” This is Rashi’s language. Now, this interpretation in the Sifre²⁴⁷Sifre, Ki Theitzei 251. is deduced from the expression [here] nor their prosperity [Thou shalt not seek their peace ‘nor their prosperity,’ and not as it might appear from the heading in our text of Rashi that it is derived from the expression their peace, for thus is the language of the Sifre]: “Since it is stated there [with respect to the fugitive slave] ‘batov lo’ (where it liketh him best); thou shalt not wrong him²⁴⁶Further, Verse 17. — exclude these [the Ammonite and Moabite fugitive slaves] from this tovah (good).”²⁴⁸Hence the language in the verse before us, Thou shalt not seek their peace ‘v’tovatham’ (nor their ‘good’). But the expression Thou shalt not seek their peace is interpreted in the Sifre as follows: “Since it is stated, When thou drawest nigh unto a city to fight against it, then proclaim peace unto it,²⁴⁹Above, 20:10. I might think that the same rule applies to Ammon and Moab. Scripture therefore says, Thou shalt not seek their peace. ” It is also so stated in Tanchuma.²⁵⁰Tanchuma, Pinchas 3. On “Tanchuma” see Vol. IV, p. 158, Note 1.
It appears to me that Scripture has forever forbidden war against Ammon and Moab, and the verse stating, neither contend with them²⁵¹Above, 2:9 (Moab); 19 (Ammon). was not only a temporary command, but a negative commandment for the generations. It is for this [reason] that He said, because I have given it unto the children of Lot for a possession.²⁵²Ibid., Verse 19. Thus their land belongs to them forever because it is the possession that G-d gave them. If so, the verse here stating, Thou shalt not seek their peace commands that if we wage war against them over a city which they captured from other peoples, that we are not to proclaim peace to them. Similarly, if they invaded our Land we are permitted to pursue them and capture cities from them, to smite the inhabitants of those cities who harmed us, as Jephtah did [of whom it is said], And he smote them from Aroer until thou come to Minnith, even twenty cities.²⁵³Judges 11:33. David also did so to all the cities of the children of Ammon²⁵⁴II Samuel 12:31. because they “breached the fence” first and warred against him. In that event we need not to proclaim peace to them and we may smite those fighting us in every city, the men, and the women, and the little ones²⁵⁵Above, 2:34. if we wish. Thus the Rabbis have said in Midrash Rabbah:²⁵⁶Bamidbar Rabbah 21:7. “And ye shall smite every fortified city, and every choice city, and shall fell every good tree, and stop all fountains of water.²⁵⁷II Kings 3:19. These were the words of the prophet Elisha to Jehoshaphat, king of Judah, and Jehoram the son of Ahab, king of Israel, when they battled Moab. They [i.e., Jehoshaphat king of Judah and Jehoram king of Israel] said to him [Elisha]. ‘Scripture states, Thou shalt not destroy the trees thereof,²⁵⁸Above, 20:19. and you say thus [destroy them]!’ He [Elisha] said to them: ‘Scripture commanded this with respect to all peoples, but this one is minor and despised,’ as it is said, And this is but a light thing in the sight of the Eternal, and He will deliver the Moabites into your hand,²⁵⁹II Kings 3:18. for it is said, Thou shalt not seek their peace ‘v’tovatham’ (nor their good), this alluding to the ‘good trees.’” Now, all this is to harm them and to vex them, but the land is to remain that family’s for it is the possession which G-d gave them. This subject is mentioned in Agadoth [homilies],²⁶⁰See at the end of his notes to Rambam’s Sefer Hamitzvoth where Ramban quotes many of these Midrashim. Bereshith Rabbah,²⁶¹Bereshith Rabbah 74:13. and in Midrash Tehilim.²⁶²Midrash Tehilim 60:1.
In line with the plain meaning of Scripture, the purport of the verse Thou shalt not seek their peace nor their prosperity is as if to say, “Although they are members of your family, and your father Abraham loved their father as his brother, that sucked the breasts of his mother,²⁶³Song of Songs 8:1. yet you should not act towards them like brothers seeking their peace and prosperity, for it is they who have broken the covenant of brotherhood;²⁶⁴See Zechariah 11:14. let it remain broken forever.” Thus G-d guarded for Lot’s children the merit of their father who accompanied His prophet [Abraham] on the path where G-d sent him. Therefore He gave them an inheritance from Abraham’s possession²⁶⁵See Ramban above, 2:10. and He punished his children for their sin that they could not become attached to Israel. Similarly He banned the Egyptians for three generations²⁶⁶Verse 9. I.e., the third generation of an Egyptian [or Edomite] proselyte may marry into the congregation of Israel. See text at the end of this section. because of their wickedness in bringing upon us many evils and troubles,²⁶⁷Further, 31:17. but He did not abhor them forever because we were strangers in their land where we found refuge with them in days of famine through the honor they showed our father [Jacob], and they appointed over themselves a chief and ruler from among us. So also did He do with the Edomites. He preserved the merit of the ancestors for them since they were of holy seed,²⁶⁸See Ramban above, 2:4. but he banned them for three generations²⁶⁶Verse 9. I.e., the third generation of an Egyptian [or Edomite] proselyte may marry into the congregation of Israel. See text at the end of this section. because they came forth against us with the sword and they remembered not the brotherly covenant.²⁶⁹Amos 1:9. Now, the tradition of our Rabbis²⁷⁰Yebamoth 78a. is that the third generation does not mean “the third generation from the days of Moses” but when one of them [Edomites or Egyptians] becomes a proselyte his third generation [i.e., his grandchild] may enter into the assembly of the Eternal.

לא תדרוש שלומם, “do not seek their peace, etc.” The choice of the word דורש in above verse, is understood by Sifri as based on Deut. 20,10 where prior to attacking a city the Israelite commander in chief makes peaceful overtures in order to avoid unnecessary bloodshed. On the face of it, I might have thought that what is written in our verse refers also to the nations of Ammon and Moav; the Torah therefore adds, that we must not actively promote those nations’ welfare though we are forbidden to provoke war with them or to harass them. What then is the message of our verse? If, per chance, Israel has occasion to go to war against a city that had been conquered by the Ammonites or Moabites, who themselves had no business to expand their borders, the presence of the Ammonites and Moabites does not need to deter us from invading such a town forthwith, without peaceful overtures beforehand. Not only that; if either of these nations conducts war against us by invading the land of Israel, we are at liberty not only to drive them out, but to pursue them and annihilate their armies on foreign soil. We may even conquer lands that they have occupied for long periods. Basically, this is what Yiftach did in Judges, chapter 11. It is permitted in such situations to kill also the women and children of the invading enemy even if it is Ammon or Moav. Looking at it from the plain meaning of the text when read without looking for deeper meanings, Moses stresses that although both the Moabites and the Ammonites, being descendants of Lot, Avraham’s nephew, are “family” in a manner of speaking, we are not to promote their welfare as they have forfeited any special claims upon us, not having acted as blood relations should. They have long ago severed the bond with Avraham’s heirs and have broken faith with Avraham who had been responsible for their survival more than once. In fact, Hashem had treated them with especial concern because they were related to Avraham, and the latter had even risked his life for Lot, rescuing him from the four mightiest kings on earth at that time. He did this in recognition that at one time, Lot, by joining Avraham in emigrating to a strange country, Canaan, had behaved properly and had even not revealed to Pharaoh that Sarah was in fact Avraham’s wife and not his sister. Nonetheless, they had long spent the reward that they had received for that. Similarly, there had been a time when the Egyptians had welcomed Yaakov and his family and had treated them very generously. Nonetheless, the merit they had acquired at that time, at no real cost to themselves seeing that Joseph had saved them from the famine, they had long ago frittered away when they turned on the Israelites with unmatched cruelty only because the Israelites had dared to have large families. This is why, if Egyptians wanted to convert to Judaism and join our nation, three generations had to pass before they could become fully equal members of the Jewish people. Similar restrictions apply to descendants from Esau/Edom. In spite of all our suffering at the hands of these people and their hatred for us, the Torah does not permit us to reject them and to treat them as an abomination. [After all, their descendants did not harm us, they were not even born at that time. Ed.]

Perhaps this one as well, etc. Rashi is answering the question: Why would I think one should pursue their peace and benefit? He answers, “By inference from what is said, etc.” It seems to me that the correct text in Rashi is, “‘Do not pursue, etc.,” [omitting the words “their peace”], as he is explaining the latter part of the verse, where it says “and their good.” Because we learned in Sifrei: “Do not pursue their peace.” You might think that because it says (earlier 20:10), “When you near a city (to do battle against it, you are to offer it peace),” you might think the same applies here too. Therefore the verse says, “Do not pursue,” regardless [of what it said earlier]. “And their benefit.” And because it says (below v. 17), “do not distress him” you might think the same applies here too. Therefore the verse says, “And their benefit, etc.” The printers did not understand Rashi’s intention and omitted the word “etc.” [from the text] (Kitzur Mizrachi).

לא תדרוש שלומם וטובתם, “do not seek their peace nor their prosperity.” If you will be engaged in war with them it is a duty for you to destroy their cities and property including any fruitbearing trees inside their territory. We find this spelled out by the prophet Elisha in Kings II 3,19 when the Israelites were ordered to attack Moav after the latter had ceased paying taxes to the Kingdom of Israel. This treatment of the Moabites is in direct contrast to other expansionary wars when felling fruit bearing trees is strictly forbidden. Neither were the Israelites at the time allowed to offer peace if the Moabites decided that they had no other option. (Compare Deuteronomy 20,10 and 19)