Mishneh Torah, Kings and Wars 4-6

Baruch HaShem! Welcome, beloved seekers of Torah, to a journey through the profound wisdom that has nourished our Sephardi and Mizrahi communities for generations. Today, we open the sacred pages of the Rambam, Rabbi Moshe ben Maimon, of blessed memory, to explore a vision of kingship, justice, and the very essence of our connection to Eretz Yisrael.

Hook

From the sun-drenched courtyards of medieval Sefarad to the bustling markets of Baghdad, where the wisdom of Rambam illuminated the path for kings and commoners alike, we find a tapestry woven with justice, duty, and divine purpose. Imagine the Hakham, surrounded by students in Fez or Aleppo, explicating the intricate blueprint for a righteous society, envisioning the Messianic era with every word. This is the enduring spirit of our heritage: a practical, yet deeply spiritual, guide for living a life imbued with sacred meaning, even in the most complex of political and social landscapes. Our tradition, rich in its diversity and profound in its insights, offers not just laws but a living, breathing testament to the enduring dream of a just and holy nation.

Context

Place: A Global Tapestry of Jewish Life

Our journey with the Rambam’s Mishneh Torah spans a vast geographical and cultural landscape, reflecting the widespread influence and adaptation of his monumental work within Sephardi and Mizrahi communities. Born in Córdoba, Al-Andalus (Islamic Spain), the Rambam himself eventually settled in Fustat, Egypt, serving as Nagid (head of the Jewish community) and physician to the Sultan. His writings, composed primarily in the 12th century, quickly transcended geographical boundaries.

From the vibrant intellectual centers of Al-Andalus, where Jewish, Muslim, and Christian cultures intertwined, fostering a golden age of philosophy, poetry, and science, Rambam’s thought resonated deeply. His emphasis on logical reasoning and systematic codification found fertile ground among communities already steeped in sophisticated legal and philosophical inquiry. The Jewish communities of North Africa – Morocco, Algeria, Tunisia, and Libya – absorbed his teachings, with many of their greatest rabbinic figures seeing themselves as direct inheritors and interpreters of his legacy. The Mishneh Torah became a cornerstone of their halakhic (Jewish legal) practice, guiding daily life, communal organization, and legal adjudication.

Further east, in the ancient Jewish heartlands of Babylonia (Iraq), Persia (Iran), Yemen, and throughout the Ottoman Empire (including cities like Salonica, Istanbul, Aleppo, Damascus, and Jerusalem), Rambam’s authority was similarly revered. These Mizrahi communities, with their distinct customs and traditions, found in the Mishneh Torah a universal framework for Jewish law that integrated the various strands of Talmudic and Geonic scholarship. Yemenite Jewry, in particular, adopted Rambam as their primary legal authority, incorporating his pesakim (rulings) and philosophical insights into almost every aspect of their religious life, from prayer melodies to dietary laws. In Iraq, while the Geonim had long held sway, Rambam's clarity and comprehensive scope were embraced, complementing existing traditions. Even in distant communities like those in India (Bene Israel, Cochin Jews), Rambam's influence, often mediated through texts from Yemen or Iraq, was felt, shaping their understanding of halakha and Jewish thought. This vast geographical spread underscores how Rambam's vision provided a unifying and authoritative voice across diverse Jewish diasporas, cementing his status as HaNesher HaGadol – the Great Eagle.

Era: The Golden Age and Beyond

The era of the Rambam, the 12th century, was a pivotal time for Jewish thought and legal codification. It was a period when Jewish communities, particularly in the Islamic world, experienced both flourishing intellectual activity and, at times, significant political upheaval. The Mishneh Torah was revolutionary in its attempt to provide a comprehensive, systematic, and accessible code of Jewish law, organized thematically rather than following the often labyrinthine structure of the Talmud. This innovative approach made halakha approachable for a wider audience, from scholars to laypeople, and allowed for a clearer understanding of the practical application of Jewish law.

For Sephardi and Mizrahi communities, who often lived in environments where Jewish law was the primary legal framework for internal community matters, the Mishneh Torah became an indispensable tool. It provided clarity and consistency, enabling their rabbinic courts to function effectively and to guide their communities through complex challenges. The subsequent centuries saw a vibrant intellectual tradition emerge around the Mishneh Torah, with countless commentaries, super-commentaries, and responsa (halakhic rulings) written by Sephardi and Mizrahi scholars. This ongoing engagement testifies to the enduring relevance and dynamic nature of Rambam's work, which continued to shape Jewish life through periods of prosperity, persecution, and eventual migration and rebuilding.

Community: Guardians of a Holistic Tradition

The Sephardi and Mizrahi communities who embraced the Mishneh Torah were characterized by a deep reverence for Halakha, a strong intellectual tradition, and a holistic approach to Jewish life that integrated law, philosophy, mysticism, and poetry. They saw no inherent contradiction between rigorous legal scholarship and profound spiritual contemplation. For them, the Rambam was not just a legal authority but a spiritual guide, whose rationalist philosophy provided a framework for understanding God's world and humanity's place within it.

These communities often maintained a strong sense of internal autonomy, with their Hakhamim (sages) and Dayanim (judges) serving as spiritual and legal leaders. The Mishneh Torah, particularly sections like Hilkhot Melakhim U'Milchamot (Laws of Kings and Wars), offered a conceptual framework for ideal governance and justice, even when they lived under non-Jewish rulers. It reinforced their national identity and their enduring hope for messianic redemption and the re-establishment of a sovereign Jewish state in Eretz Yisrael. This hope was not a distant dream but a fundamental aspect of their lived reality and their daily prayers, expressed through their unique minhagim (customs), piyutim (liturgical poems), and tefillot (prayers). They understood that the laws of a king were not just for a distant past or future, but provided moral and ethical guidance for all forms of leadership and communal responsibility.

Text Snapshot

Let us now turn to a glimpse of the Rambam's profound vision in Mishneh Torah, Kings and Wars 4-6, where he delineates the responsibilities and rights of a Jewish king, the ethics of warfare, and the sanctity of Eretz Yisrael:

"His purpose and intent shall be to elevate the true faith and fill the world with justice, destroying the power of the wicked and waging the wars of God... It is forbidden to leave Eretz Yisrael for the Diaspora at all times except: to study Torah; to marry; or to save one's property from the gentiles... When a siege is placed around a city to conquer it, it should not be surrounded on all four sides, only on three. A place should be left for the inhabitants to flee... Anyone who cuts down such a tree should be lashed... anyone who breaks utensils, tears garments, destroys buildings, stops up a spring, or ruins food with a destructive intent transgresses the command 'Do not destroy.' At all times, a person should dwell in Eretz Yisrael even in a city whose population is primarily gentile, rather than dwell in the Diaspora, even in a city whose population is primarily Jewish."

These passages reveal a holistic vision where national sovereignty, ethical conduct in conflict, environmental responsibility, and the ultimate aspiration for justice are inextricably linked to the sacred land of Israel.

Minhag/Melody

The Rambam’s Hilkhot Melakhim U'Milchamot (Laws of Kings and Wars) is far more than a dry legal treatise; it is a profound articulation of the Jewish vision for an ideal society, culminating in the laws concerning the Messiah. For Sephardi and Mizrahi communities, this text served not only as a theoretical framework but as a source of deep spiritual yearning and practical guidance that shaped their minhagim and piyutim.

Rambam's Unparalleled Authority and the Messianic Vision

The Rambam, known in Arabic as Musa ibn Maimun and revered as HaNesher HaGadol (the Great Eagle), holds a uniquely elevated status in Sephardi and Mizrahi halakha and thought. His Mishneh Torah, a comprehensive codification of all Jewish law, was revolutionary. It presented the Halakha in a clear, organized, and accessible manner, making it the primary posek (halakhic authority) for many communities, particularly those in Yemen, Morocco, and other parts of North Africa and the Middle East.

Hilkhot Melakhim U'Milchamot is especially significant because it concludes the entire Mishneh Torah, describing the ultimate purpose of the Jewish nation and its relationship with God – the coming of the Melech HaMashiach, the Messianic King. The text we are studying today, detailing the king's rights, the rules of ethical warfare, and the sanctity of Eretz Yisrael, provides the groundwork for this grand vision. The Rambam’s commentary on Kings and Wars 4:1:2, "שֶׁכָּל הָאָמוּר בְּפָרָשַׁת מֶלֶךְ מֶלֶךְ זוֹכֶה בּוֹ" (that everything stated in the portion of the king, the king acquires), emphasizes that these are not merely theoretical laws but divine grants of authority to establish a just society. Steinsaltz further clarifies that this refers to the rights listed in I Samuel 8:11-17, which the Rambam details in chapters 4:1-7. This legal foundation grounds the messianic hope in concrete halakhic principles.

For Sephardi and Mizrahi Jews, often living as minorities under foreign rule for centuries, the Rambam's detailed blueprint for a Jewish king and a sovereign Eretz Yisrael was a constant source of inspiration and a tangible anchor for their messianic hopes. It wasn't just an abstract belief; it was a halakhic reality that would one day manifest. This deep internalization of the Messianic vision is evident in many customs and liturgical traditions.

The "Ani Ma'amin" and its Sephardi/Mizrahi Resonance

One of the most direct and universally recognized expressions of this messianic hope, stemming directly from the Rambam's teachings, is the Ani Ma'amin (I Believe) formulation of his 13 Principles of Faith. The 12th principle states: "I believe with perfect faith in the coming of the Messiah; and even though he may tarry, nonetheless, I await him every day that he will come." This declaration, derived from Rambam's introduction to Perek Chelek (Sanhedrin 10) and then codified in Hilkhot Melakhim U'Milchamot (11:1), became a cornerstone of Jewish belief.

In many Sephardi and Mizrahi communities, particularly among Yemenite Jews (Teimanim), the recitation of the Ani Ma'amin is a regular practice, often incorporated into daily prayers or recited with intense kavanah (intention) during moments of profound religious significance. The rhythmic chanting of these principles, often to traditional melodies, reinforces the community’s unwavering faith in the advent of the Messiah, who will fulfill the Rambam's vision of a king who "will elevate the true faith and fill the world with justice." This practice transforms a legal concept into a living, breathed creed, connecting every individual to the grand historical narrative of redemption.

Piyutim of Yearning: "L'cha Dodi" and "Yedid Nefesh"

The yearning for redemption, the coming of the Messiah, and the return to Eretz Yisrael are beautifully articulated in the rich tradition of Sephardi and Mizrahi piyutim. While not always directly referencing the Rambam's legal codes, these poems embody the spirit and hope that his Hilkhot Melakhim instills.

Consider "L'cha Dodi" (Come, my Beloved), composed by Rabbi Shlomo Alkabetz, a Safed Kabbalist from the Ottoman Empire. This piyut, sung to welcome the Shabbat Queen, is deeply imbued with messianic and eschatological themes. Each stanza beckons the Shabbat bride, but also implicitly calls for the redemption of Israel and the rebuilding of Jerusalem. Phrases like "מִקְדַּשׁ מֶלֶךְ עִיר מְלוּכָה" (Sanctuary of the King, Royal City) and "הִתְנַעֲרִי מֵעָפָר קוּמִי, לִבְשִׁי בִּגְדֵי תִּפְאַרְתֵּךְ עַמִּי" (Shake off the dust, arise, my people, don your garments of splendor) resonate with the Rambam's vision of a restored kingdom and a rebuilt Jerusalem, the spiritual capital of the Messianic era. Sephardi communities, with their distinctive melodies and often spirited rendition of L'cha Dodi, imbue this piyut with a profound sense of anticipation for both the weekly spiritual redemption of Shabbat and the ultimate global redemption.

Another powerful example is "Yedid Nefesh" (Beloved of the Soul), attributed to Rabbi Elazar Azikri, also a Safed Kabbalist. This piyut expresses a fervent, mystical yearning for God's presence, often interpreted on a communal level as the longing for the divine redemption and the ingathering of exiles to Eretz Yisrael. Its lines, "יִבְנוּ עִיר מִקְדַּשׁ הַדַר" (They will build the city, a glorious sanctuary), directly echo the aspirations for a rebuilt Jerusalem and the re-establishment of the Divine Presence, a core component of the Rambam's messianic vision. The soulful melodies accompanying Yedid Nefesh in Sephardi and Mizrahi traditions amplify this deep spiritual longing, transforming the abstract legal concepts of kingship and nationhood into an intimate, heartfelt prayer for communion and redemption.

Reverence for Eretz Yisrael: A Living Minhag

The Rambam’s unequivocal stance on dwelling in Eretz Yisrael, expressed in our text ("At all times, a person should dwell in Eretz Yisrael even in a city whose population is primarily gentile, rather than dwell in the Diaspora, even in a city whose population is primarily Jewish... Whoever leaves Eretz Yisrael for the Diaspora is considered as if he worships idols"), profoundly shaped Sephardi and Mizrahi attitudes toward the Land. This is not merely a legal ruling but a spiritual imperative, grounding national existence in the sacred geography.

This deep reverence manifested in numerous minhagim and historical movements:

• Aliyah: Throughout centuries of exile, Sephardi and Mizrahi communities consistently engaged in aliyah (immigration to Israel), often in significant numbers, even in times of hardship. The mass aliyah of Yemenite Jews (Operation Magic Carpet), Iraqi Jews (Operation Ezra and Nehemiah), and Moroccan Jews, particularly after the establishment of the modern State of Israel, are powerful testaments to this enduring commitment, rooted in the Rambam's teachings. These were not merely economic migrations but acts of profound religious devotion.
• Kissing the Dust: The text states, "Great sages would kiss the borders of Eretz Yisrael, kiss its stones, and roll in its dust. Similarly, Psalms 102:15 declares: 'Behold, your servants hold her stones dear and cherish her dust.'" This is a beautiful and evocative minhag, practiced by many Sephardi and Mizrahi immigrants upon their arrival in the Holy Land. It is a physical manifestation of the profound love and yearning for the sacred soil, embodying the Psalm and the Rambam’s spiritual imperative. This custom continues to this day, a powerful expression of kavanah and belonging.
• Burial in Eretz Yisrael: The Rambam notes, "Even one who walks four cubits there will merit the world to come and one who is buried there receives atonement as if the place in which he is buried is an altar of atonement." This belief led to the minhag of many Sephardi and Mizrahi Jews, even those who lived and died in the Diaspora, to request that their remains be brought to Eretz Yisrael for burial. For those who could not, the practice of placing a small bag of earth from Eretz Yisrael into the coffin became a symbolic fulfillment of this desire, connecting them to the sacred land in their final rest.

Ethical Conduct and Bal Tashchit

While Hilkhot Melakhim discusses warfare, it is striking how much emphasis Rambam places on ethical conduct even in conflict. The prohibition against surrounding a city on all four sides, leaving an escape route, and especially the stricture against cutting down fruit trees ("Do not destroy its trees. Anyone who cuts down such a tree should be lashed") reflect a profound commitment to Bal Tashchit (not destroying). This principle extends beyond wartime, as the Rambam states: "Anyone who cuts down a fruit tree with a destructive intent, should be lashed." He even expands it to breaking utensils, tearing garments, destroying buildings, stopping up springs, or ruining food with destructive intent.

In Sephardi and Mizrahi communities, this principle of Bal Tashchit is deeply ingrained. It is taught from a young age, fostering a respect for resources and the environment. While not always codified as a specific minhag distinct from general halakha, the cultural emphasis on resourcefulness, gratitude for sustenance, and avoiding waste in daily life can be seen as a direct reflection of Rambam’s teachings on responsible stewardship, even in times of peace. The detailed attention to environmental ethics, even within the laws of war, demonstrates the holistic nature of Rambam's legal and moral vision, a vision cherished and practiced across Sephardi and Mizrahi lands.

Contrast

The Rambam’s unequivocal and stringent stance on dwelling in Eretz Yisrael presents a fascinating point of contrast with certain minhagim and halakhic approaches found within Ashkenazi communities, particularly those that flourished in Eastern Europe for centuries. This contrast highlights the rich tapestry of Jewish legal interpretation, shaped by diverse historical experiences and philosophical emphases, all while maintaining an underlying love and reverence for the Holy Land.

Rambam's Rigorous Stance on Dwelling in Eretz Yisrael

As we’ve seen in our text, the Rambam’s Hilkhot Melakhim U'Milchamot (6:11) contains a powerful and stark warning: "It is forbidden to leave Eretz Yisrael for the Diaspora at all times except: to study Torah; to marry; or to save one's property from the gentiles... Whoever leaves Eretz Yisrael for the Diaspora is considered as if he worships idols." He even states that "At all times, a person should dwell in Eretz Yisrael even in a city whose population is primarily gentile, rather than dwell in the Diaspora, even in a city whose population is primarily Jewish." This is an exceptionally strong statement, reflecting a profound and uncompromising view of the mitzvah to reside in the Land of Israel, equating departure with a spiritual transgression of the highest order (idol worship), a metaphor for forsaking God's heritage.

This interpretation is rooted in the Rambam's systematic understanding of the Torah's commandments and the ultimate purpose of Jewish national existence. For him, Eretz Yisrael is not merely a geographical location but a spiritual incubator, essential for the full observance of many mitzvot and for the development of the Jewish people towards its messianic destiny. The exceptions he lists (Torah study, marriage, saving property) are grave necessities, not permissions for casual departure. Even under these circumstances, one is expected to return upon completion of the objective.

A Nuanced Ashkenazi Perspective

While the love for Eretz Yisrael is universal in Judaism, the practical application and emphasis on the mitzvah of dwelling there have varied. Within some Ashkenazi traditions, particularly those that developed in the Diaspora over many centuries, the halakhic stringency of the Rambam's ruling on leaving Eretz Yisrael was sometimes interpreted with greater leniency or contextualized differently.

Prominent Ashkenazi poskim (legal decisors) and thinkers, while acknowledging the great merit of dwelling in Eretz Yisrael, often focused on other pressing needs of Diaspora communities. For example, some might argue that leaving Eretz Yisrael to establish or strengthen a Torah center in the Diaspora, to build vibrant Jewish communities, or even to sustain one's family where economic opportunities were scarce, could be permissible, or even a mitzvah in its own right, provided the intention was for the sake of Heaven.

One notable approach is found in the writings of Tosafot (a school of medieval Ashkenazi Talmudic commentators) on Tractate Ketubot 110b, which discusses the obligation of a husband to follow his wife to Eretz Yisrael or vice-versa. Tosafot grapple with the question of whether the mitzvah to dwell in Eretz Yisrael applies in all generations, particularly after the destruction of the Temple and the subsequent exile. Some interpretations of Tosafot suggest that while the mitzvah is always present, its practical implementation might be suspended or lessened during periods of severe exile or danger, or when other mitzvot (like Torah study in an established center) might take precedence.

Later Ashkenazi authorities, such as the Chofetz Chaim (Rabbi Yisrael Meir Kagan, 19th-20th century, Eastern Europe), a towering figure in modern Halakha, while unequivocally advocating for the spiritual importance of Eretz Yisrael, also recognized the practical realities of Jewish life in the Diaspora. His writings, which profoundly shaped Eastern European Orthodoxy, often emphasized strengthening Yiddishkeit (Jewish life) in galut (exile), building yeshivot (Torah academies), and publishing sefarim (holy books) for the masses. For many of his followers, the imperative to build and sustain Jewish life in the Diaspora, particularly in a period when aliyah was often dangerous and economically challenging, was seen as a vital endeavor, not necessarily a transgression. They might interpret the Rambam's strong language as an ideal for a time of Jewish sovereignty, or as a spiritual warning rather than a literal prohibition applicable to all individuals in all circumstances of exile.

Understanding the Difference

The difference is not one of greater or lesser love for Eretz Yisrael, but rather a divergence in halakhic interpretation and emphasis, deeply influenced by the historical contexts of these communities. Sephardi and Mizrahi communities, often maintaining closer ties to Eretz Yisrael geographically and experiencing different forms of governance, might have found Rambam's rigorous idealism more immediately applicable. Their historical experiences, sometimes including periods of more direct self-governance or more continuous aliyah, may have reinforced the practicality of his vision.

Ashkenazi communities, particularly those in Eastern Europe, faced centuries of severe persecution, displacement, and the necessity of rebuilding Jewish life repeatedly in foreign lands. For them, survival, Torah study in yeshivot (often the sole bastion of Jewish continuity), and the preservation of communal structures in the Diaspora became paramount. While the longing for Zion remained intense and expressed in prayers and piyutim, the halakhic imperative to physically reside there sometimes yielded to the immediate demands of sustaining Jewish life in exile.

Both approaches are deeply rooted in Torah and reflect profound devotion. The Rambam’s clarity provides a powerful, aspirational ideal, while the nuanced Ashkenazi interpretations offer a flexible framework for maintaining Jewish life and Torah scholarship under challenging Diaspora conditions. This respectful difference enriches our understanding of the dynamic and multifaceted nature of Halakha and Jewish experience.

Home Practice

Inspired by the profound wisdom of the Rambam and the vibrant traditions of Sephardi and Mizrahi communities, let us bring a piece of this heritage into our daily lives. Here are two small, yet meaningful, practices anyone can adopt:

Cultivating Reverence for Eretz Yisrael

The Rambam’s passionate articulation of the mitzvah to dwell in Eretz Yisrael and the tradition of sages kissing its stones and dust remind us of the Land's unique sanctity. Even if we cannot physically be there at this moment, we can deepen our spiritual connection.

Practice: Dedicate a specific moment each day to express your yearning and hope for Eretz Yisrael and Jerusalem. This could be:

• During Shemoneh Esrei (Amidah): When you reach the blessings for the rebuilding of Jerusalem ("Boneh Yerushalayim") and the ingathering of exiles ("Mekabetz Nidchei Amo Yisrael"), pause for a few extra seconds. Close your eyes and visualize the holy city, picturing its spiritual and physical restoration, and the return of all Jews to their homeland. Recite these blessings with extra kavanah, truly feeling the words.
• Reciting the 12th Ani Ma'amin: If you don't already, consider adopting the custom of reciting the 12th Principle of Faith: "אֲנִי מַאֲמִין בֶּאֱמוּנָה שְׁלֵמָה בְּבִיאַת הַמָּשִׁיחַ; וְאַף עַל פִּי שֶׁיִּתְמַהְמֵהַּ, עִם כָּל זֶה אֲחַכֶּה לּוֹ בְּכָל יוֹם שֶׁיָּבֹא" (I believe with perfect faith in the coming of the Messiah; and even though he may tarry, nonetheless, I await him every day that he will come). You can say this at the end of morning prayers, before bed, or at any quiet moment. This directly connects you to Rambam's messianic vision and the ultimate redemption tied to Eretz Yisrael.
• A Moment of Thanks: Upon eating fruit or produce from Israel (often marked as "Product of Israel"), take an extra moment to appreciate the blessing of the land and silently offer a prayer for its peace and prosperity.

Practicing Bal Tashchit (Do Not Destroy) in Daily Life

The Rambam’s extension of Bal Tashchit from wartime fruit trees to avoiding the destructive intent in breaking utensils, tearing garments, or wasting food, highlights a profound Jewish value for ethical stewardship.

Practice: Choose one area in your daily life where you can consciously practice Bal Tashchit:

• Food Waste: Before cooking or grocery shopping, plan your meals carefully to minimize waste. Be mindful of portion sizes. If you have leftovers, find creative ways to repurpose them. When discarding food scraps, consider composting if available, rather than simply throwing them away.
• Resource Consumption: Be mindful of your use of water and electricity. Turn off lights when leaving a room, shorten showers, and fix leaky faucets promptly. Consider whether you truly need a new item before purchasing it, or if you can repair, reuse, or repurpose what you already have.
• Care for Possessions: Instead of quickly replacing items that are slightly damaged, try to repair them. Value your clothes, appliances, and tools, recognizing the resources and effort that went into their creation.

By adopting these practices, you not only connect to profound Jewish values articulated by the Rambam but also cultivate a more conscious and respectful way of living, honoring the sanctity of creation and the aspiration for a just world.

Takeaway

The Rambam, through Hilkhot Melakhim U'Milchamot, offers us more than a legal text; he presents a majestic blueprint for a just and ethical society, culminating in the vision of the Messianic era. For Sephardi and Mizrahi communities, this vision was a living current, shaping their communal structures, their fervent messianic hopes, their deep reverence for Eretz Yisrael, and their commitment to ethical conduct even in the most challenging circumstances. It reminds us that Torah is a comprehensive guide for both individual piety and national destiny, urging us to strive for justice, cherish our sacred land, and ever yearn for a world filled with peace and divine truth.