83. Kings and Their Wars - Melachim u-Milchamoseihem
Seven commandments apply to non-Jews: idolatry, blasphemy,
murder, fornication, robbery, eating from a living
animal (as Noah was commanded, "But flesh with its life,
its blood, you shall not eat"1), and justice.a
We are commanded to appoint a king over Israel, as
it says "You shall put over yourself a king".2 He must not
be a proselyte, as it says "[From among your brothers you
shall put a king over yourself;] you may not put over
yourself a strange man who is not your brother".2 He must
conduct himself humbly; in particular he is forbidden to
take many wives or have many horses or have excessive
wealth, and he is commanded to carry a copy of the Torah
with him everywhere, as it says "But he shall not have many
horses... and he shall not have many wives and he shall
not have very much gold and silver... and he shall write himself
a copy of this Torah... and it shall be with him and he
shall read in it all the days of his life... so that his
heart shall not be high above his brothers...".3 He has
the power to punish rebels, to levy taxes, to conscript
soldiers, and to take (and pay for) whatever he needs.b
One should live in the land of Israel if possible,
and it is forbidden to leave the land except when necessary.
It is forbidden to settle in the land of Egypt, as it says
"[As you have seen Egypt today] you shall never again see
them"4; and it says "[He shall not return the nation to
Egypt... and Ha-Shem has said to you] `you shall never
again return on that road'"5; and it says "[Ha-Shem shall
return you to Egypt in ships on the road of which I said
to you] `you shall never see it again'".6,c
We are commanded to destroy the seven nations of Canaan
and it is forbidden to let any Canaanite live, as it says
"[But from the cities of these nations...] you shall not
let any soul live; for you shall destroy them... [in order
that they do not teach you to imitate all their abominations]".7
It is forbidden to forget the evil deeds of Amalek; we are
commanded to remember them and to destroy all trace of him, as
it says "Remember what Amalek did to you... you shall wipe
out the memory of Amalek... you shall not forget".8
However, if these nations accept peace terms they are not to be killed.
Before declaring war we are commanded to offer peace terms,
as it says "When you approach a city to make war on it you
must call out to it regarding peace".9 (We are forbidden to do
this with Ammon and Moab, as it says "You shall not seek
their peace or welfare"10; but if they make peace with us
we accept it.) War must not be conducted destructively;
for example, it is forbidden to cut down fruit trees during
a siege, as it says "[If you besiege a city many days...]
you shall not destroy its trees".11,d
In any war an anointed priest is appointed to
address the troops [as it says "And when you approach the
battle the priest shall come near and speak to the
people"].12 Anyone who married or built a house
or planted a vineyard (or the like) within the past year
is not required to serve in the army and it is forbidden
to conscript him for any community service, as it says
"If a man takes a new wife he shall not go out with the
army and he shall not be called on for anything; he shall
be free in his house for one year".l3 It is forbidden to
fear the enemy, as it says "[Today you are approaching a
battle against your enemies;] your hearts shall not be soft,
you shall not fear and you shall not tremble and you shall
not be in awe before them"14; and one who is afraid is not
required to serve in the army. Any army encampment must
be kept clean; in particular the latrine must be outside
the camp and each soldier must carry a spade to take care
of his sanitary needs, as it says "And you shall have a
place outside the camp... and you shall have a spade along
with your weapons... and your camp shall be holy".15 A
soldier is permitted to enjoy the spoils of the enemy at
the time of victory; but if he wishes to take a woman of
the enemy people he must take her into his house and
marry her and he is forbidden to sell or enslave her,
as it says "If you see in the spoils a woman of beautiful
appearance... [you shall take her into your house... and
she shall be a wife to you]... you shall not sell her
for money; you shall not enslave her".16,e
The messiah will be a king descended from David
who will lead the people of Israel in the ways of Torah
and will gather the exiles and rebuild the Temple. At
that time the whole world will serve Ha-Shem;
there will be no more hunger or war and everyone
will strive only for knowledge of Ha-Shem, as it says "For
the earth is filled with knowledge of Ha-Shem".l7,f
Sources: |
| 1. Gen. 9:4 |
a. 9:1 |
| 2. Deut. 17:15 |
b. 1:1,4; 2:6; 3:1-4,8; 4:1-3 |
| 3. Deut. 17:16-20 |
c. 5:7,9,12 |
| 4. Ex. 14:13 |
d. 5:4-5; 6:1,4,6,8 |
| 5. Deut. 17:16 |
e. 6:14-15; 7:1-3,15; 8:1-2,6 |
| 6. Deut. 28:68 |
f. 11:4; 12:5 |
| 7. Deut. 20:16-18 |
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| 8. Deut. 25:17,19 |
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| 9. Deut. 20:10 |
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| 10. Deut. 23:7 |
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| 11. Deut. 20:19 |
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| 12. Deut. 20:2 |
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| 13. Deut. 24:5 |
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| 14. Deut. 20:3 |
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| 15. Deut. 23:13-15 |
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| 16. Deut. 21:11-14 |
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| 17. Isaiah 11:9 |
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