In this war, Torah commands: Show no mercy
As a Torah observant Jew, I am aware that Hashem has given us a guide — the Holy Torah — in every facet of our lives. This is why the application of Torah law is called halacha, which literally means to walk in the ways of Hashem.
To be sure, the interpretation of the many complex facets of halacha make up whole libraries of thought and discussion, from the Mishna and Talmud to the many commentaries and responsa of Rishonim and Achronim and a whole litany of poskim that include your local rabbi. But the salient point is that halacha deals with everything that entails being a functional Jewish human being.
So it is reasonable to believe that halacha has given us guidance on how a Jewish nation should engage in something as consequential as war.
We have been in the current war for almost two years, and Israel is poised to embark on a major new campaign. It is not surprising that this week’s Torah portion, Shoftim, gives us very precise instructions on how to conduct a war — what is permitted and what isn’t. And while the commentators and poskim may differ on some of the minutia, there’s a very clear principle that ein mikra yotze midei peshuto (a verse cannot escape its simple interpretation). So let us look at the appropriate pesukim involved in this important, albeit very regrettable, activity, that of engaging in war.
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Shoftim states, in sefer Devarim 20:10, that “when you draw near to a city to wage war against it, you shall call out to it for peace.” We are dealing now with a milchemet reshut, which can be translated as a war of authority or permission to wage war by virtue of royal or judicial authority, not a war of defense, where Israel has been attacked. Had that been the case, Israel would not be suing for peace, it would be commanded to defend itself and the Land of Israel, the very definition of a milchemet mitzvah, a war of commandment from the Torah.
This verse speaks clearly of a battle where your first obligation as a nation is to offer the other nation peace — “v’karata eleha l’shalom (call out to it for peace).” Only when this offer of peace is refused may you wage war to its fullest extent.
How much more so therefore, in a milchemet mitzvah, a war of self-defense, a war when you’ve been attacked? October 7 triggered such a war. The Torah says clearly, “v’tzarta aleha (you shall besiege it).” No humanitarian corridors or aid.
Rashi explains quite clearly, “you may deprive them of food, water and even subject them to mortal diseases.” The Torah continues: “Every male shall be smitten by the blade of the sword.” The women, children, animalsn — everything in the city — can be taken as spoils. This is not a suggestion, but a commandment.
And while the Rambam and Ramban maintain that all enemies must be offered the chance to make peace, they would undoubtedly agree that with the war of October 7 all the rules of full-fledged war would apply for two reasons:
1) Because Israel had offered peace countless times; in fact, it (sadly) withdrew everyone from Gaza in 2005 in hope of achieving peace.
2) Because of the brutality of the attack and the need for an end to this conflict.
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If this response to war seems harsh, the Torah addresses that too. In a previous parsha, Eikev, when dealing with the conquest of the Land of Israel, Bnei Yisrael are instructed “lo tachos eincha aleihem (your eye shall have no pity on them.”
This is the source of the Midrashic and Talmudic dictum on misplaced mercy — “those who are merciful to the cruel, will be cruel to the merciful.” Throughout the wars with Israel’s Arab neighbors, attempts at peace, “land for peace” and “good faith gestures” were met with death and destruction.
The Tanach describes two particular examples of this misplaced compassion that had grievous consequences.
•The first was in 1Samuel 15, with King Saul’s sparing of Agag, king of the Amalekites, whom he was commanded by G-d to destroy. This led to Saul losing the right of kingship and, centuries later, the near tragedy of the Purim story (Haman was a descendent of Agag).
•The second was a later king of Israel, Achav (Ahab), who failed to kill King Ben Haddad of Aram (1Kings 20:34) after defeating him in battle, instead Achav offering Ben Haddad a treaty of peace. (Aram’s was Damascus in modern-day Syria.) As Radak and others point out, this allowed Ben Haddad to ultimately regroup three years later, and led to Achav’s death in battle (even as Israel won that battle).
These accounts in Tanach are more than just tales of historical interest. They have real behavioral and policy lessons for us today.
Israel is about to embark on hopefully a final campaign of complete destruction of Hamas (the closest entity to Amalek since the Nazis) and the conquest of all of Gaza, with our living hostages returning home safely and the remains of our brutally murdered loved ones coming home as well.
In parshat Shoftim, the Torah makes it clear this is no time for halfway measures, partial hostage releases or further “humanitarian” nonsense just to satisfy hypocritical European allies and a self-righteous media.
Meanwhile, reports suggest that Israel is planning a sit down with Ahmed Hussein al Sharaa , aka Abu Mohammed al Julani, the new president of Syria, with the goal of ending hostilities without a full peace treaty. Given the massacre of Israel’s allies, the Druze in Syria, by al Julani’s forces, and his history as a major fighter in the terrorist group ISIS, can he be trusted? Is he another Ben Haddad of Syria as described by the Tanach above, and will any agreement lead us to catastrophe?
I don’t presume to have all the answers. But Bibi, are you listening? Read the Tanach — it’s our instruction manual. Let’s get it right and ultimately all of Israel will stand behind you.
Shabbat shalom.
Write: Columnist@TheJewishStar.com
