Mishneh Torah, Kings and Wars 6

Welcome

To open a window into Jewish thought is to invite a deeper understanding of human experience. This text, an ancient yet remarkably enduring work, offers a glimpse into how Jewish tradition grapples with some of life's most complex and challenging realities, like conflict and coexistence. For people of Jewish faith, these teachings continue to shape how they understand their responsibilities to the world and to one another.

Context

This passage comes from a monumental work of Jewish law and philosophy, offering a comprehensive look at how Jewish tradition guides life.

The Author and His Vision

The text you're exploring is part of the Mishneh Torah, a masterpiece compiled by Rabbi Moses ben Maimon, often known as Maimonides or by his Hebrew acronym, Rambam. Born in Cordoba, Spain, in 1138, Maimonides was a towering figure: a brilliant philosopher, physician, and legal scholar. His ambition was immense: to create a single, clear, and logically structured code of Jewish law that would encompass every area of life, from daily rituals to complex societal governance. Before Maimonides, Jewish law was often studied through vast, sometimes disparate, collections of discussions and commentaries. He sought to organize it into a coherent, accessible system, making it easier for anyone to understand and follow. The Mishneh Torah is celebrated for its clarity, its logical progression, and its systematic approach, earning it a place as one of the most influential Jewish texts ever written. It doesn't just state laws; it often provides a philosophical framework, connecting specific rules to broader ethical principles.

A Timeless Code for a Changing World

Maimonides wrote the Mishneh Torah in the late 12th century, a time of significant cultural and intellectual ferment. Living in both Muslim and Christian lands, he was deeply engaged with Greek philosophy, Islamic scholarship, and Jewish mystical traditions. His work reflects an attempt to synthesize these diverse intellectual currents with the unchanging truths of Jewish tradition. He aimed to present Jewish law as a rational, coherent system, applicable in all times and places. While the specific historical context in which these laws were originally formulated (biblical and ancient times) is important, Maimonides' project was to show their timeless relevance. This particular section, dealing with "Kings and Wars," reflects a vision for how a just society, guided by Jewish principles, would conduct itself in matters of diplomacy, conflict, and governance – a vision that was often aspirational in his own time, and remains so today.

Understanding "Mishneh Torah"

The term "Mishneh Torah" literally means "Repetition of the Torah" or "Second Torah." Maimonides chose this name to emphasize that his work wasn't replacing the original Torah (the Five Books of Moses), but rather clarifying and organizing its commandments and their rabbinic elaborations into a complete, systematic body of law. It's an encyclopedic work, divided into fourteen books, each addressing different categories of Jewish practice and belief. The chapter we are looking at falls within the Book of Judges, specifically the section on "Kings and Wars." This placement is significant because it frames the discussion of war not just as a military endeavor, but as a matter of justice, ethics, and governance, subject to strict legal and moral guidelines within a divinely ordained framework. It's not a historical account or a political treatise, but a prescriptive guide for conduct.

Text Snapshot

This passage from Maimonides’ Mishneh Torah outlines the ethical framework for engaging in conflict according to Jewish law. It emphasizes a strong preference for offering peace before war, detailing the terms for peaceful coexistence, and establishing clear rules for conduct during sieges, environmental preservation, and even army camp hygiene, reflecting a deeply ingrained commitment to order and restraint even in the most challenging circumstances.

Values Lens

This ancient text, despite its focus on the seemingly harsh realities of war, is deeply imbued with values that resonate across cultures and time. It provides a framework for understanding conflict not as an excuse for chaos, but as a domain where ethical principles must still prevail. Let's explore some of these core values.

Prioritizing Peace and Minimizing Harm

At the very heart of this text is an unequivocal preference for peace. The opening statement makes it clear: war should not be waged against anyone until an offer of peace has been extended. This is not merely a tactical suggestion; it is presented as a fundamental requirement, rooted in the biblical command from Deuteronomy: "When you approach a city to wage war against it, you should propose a peaceful settlement." This isn't just about avoiding a fight; it’s about acknowledging the inherent value of life and seeking an alternative path whenever possible.

This value manifests in several ways throughout the text:

The Universal Offer of Peace

The command to offer peace applies broadly, to "anyone." This universal approach suggests a baseline assumption that peaceful coexistence is the ideal state. It’s an invitation to dialogue, an opportunity for potential adversaries to choose a path other than conflict. This reflects a profound ethical stance that even in situations where conflict might seem inevitable, the door to peace must remain open. It suggests that aggression is a last resort, not a first impulse. The text even describes how Joshua, when entering the promised land, sent multiple messages to the Canaanites, offering them chances to flee or make peace, before resorting to battle. This historical example reinforces the principle that the offer of peace is sincere and repeated.

Defining Terms for Peace: The Seven Universal Commandments

If an enemy accepts the offer of peace, they are required to commit to the "seven commandments that were commanded to Noah's descendants." These are often referred to as the Noahide Laws, and they are understood in Jewish tradition as the fundamental moral code applicable to all humanity, not just Jews. They include prohibitions against idolatry, blasphemy, murder, forbidden sexual relations, theft, and eating flesh torn from a living animal, alongside the positive command to establish courts of justice. By requiring adherence to these universal ethical principles as a condition for peace, the text elevates the pursuit of a just and moral society. It implies that true peace isn't just the absence of war, but the presence of a shared commitment to basic human decency and lawfulness. This is a powerful cross-cultural bridge, suggesting that a foundation for peaceful interaction can be built on universal moral principles that transcend specific religious or national identities.

Restraint in Siege and Battle

Even when peace is rejected and war becomes unavoidable, the text outlines rules designed to minimize harm and preserve life. A city under siege should not be surrounded on all four sides; an escape route must be left open. "A place should be left for the inhabitants to flee and for all those who desire, to escape with their lives." This is a remarkable instruction, demonstrating a profound respect for life even in the heat of battle. It is an acknowledgment that people, even enemies, might choose to avoid conflict if given the chance. It prevents total entrapment, which often leads to desperate, prolonged, and more destructive resistance. This rule actively creates an opportunity for survival and de-escalation, embodying a deep-seated value against unnecessary suffering.

Protecting Non-Combatants

Furthermore, in a "war of choice" (a milchemet hareshut, fought with "other nations"), the text explicitly states that "neither women nor children should be killed." Only males past majority are to be killed, and children (males below the age of majority) are to be taken as spoil. While the concept of taking spoils might be challenging to modern sensibilities, the explicit prohibition against killing women and children stands as a significant limitation on violence, demonstrating a clear distinction between combatants and non-combatants. This reflects a commitment to minimizing the scope of violence and protecting the most vulnerable, even in the context of armed conflict. The text differentiates between specific, historically mandated wars (against "the seven nations" or "Amalek," where "not one soul" may be left alive if they refuse peace) and general wars, underscoring that the harsher rules are exceptions, not the norm, and apply to unique, divinely commanded historical contexts, not as a general template for all conflict. The primary default is always to offer peace and, if rejected, to wage war with significant restraints.

Stewardship of the Earth and Resources

Another profound value woven into this text is the principle of "Do Not Destroy," often referred to in Hebrew as Bal Tashchit. This isn't just an environmental rule; it’s a philosophical stance against wanton destruction and waste, extending to all valuable resources.

The Prohibition Against Destroying Fruit Trees

The most prominent example of Bal Tashchit in this passage is the explicit command: "We should not cut down fruit trees outside a city nor prevent an irrigation ditch from bringing water to them so that they dry up, as Deuteronomy 20:19 states: 'Do not destroy its trees.'" Anyone who cuts down such a tree with destructive intent "should be lashed." This is a powerful statement about the sanctity of life-sustaining resources, even in wartime. While an army might need wood for siege engines or fuel, the text prioritizes the long-term sustainability of the land and its ability to provide sustenance. It distinguishes between strategic necessity and destructive intent. Fruit trees are seen as a blessing, representing life and future sustenance, and their destruction is an act of profound disregard for the world's bounty. This teaching reminds us that even during conflict, we remain stewards of the earth, responsible for its preservation for future generations.

Extending "Do Not Destroy" Beyond Trees

The text further clarifies that this principle is not limited to trees: "This prohibition does not apply to trees alone. Rather, 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.'" This broad application reveals the deep ethical conviction that all valuable resources – natural, manufactured, or cultivated – should be treated with respect. It’s a call to mindfulness and against extravagance or unnecessary waste. The act of destroying something useful, simply out of spite or carelessness, is seen as a moral transgression. While the penalty for destroying non-tree items is different (rabbinic "stripes for rebellious conduct" rather than biblical lashing), the underlying prohibition from Jewish law is the same: to act with destructive intent is fundamentally wrong. This encourages a mindset of preservation, sustainability, and appreciation for the resources that support life.

Practical Exceptions, Ethical Intent

Even with this strong prohibition, the text acknowledges practical realities. A fruit tree may be cut down "if it causes damage to other trees or to fields belonging to others, or if a high price could be received for its wood." Similarly, an old, low-yielding fruit tree may be cut down. These exceptions are not about permitting wanton destruction, but about making practical, responsible choices when a resource's utility or impact shifts. The core remains the "destructive intent." If a tree is causing harm, or if its wood can be used for a greater, beneficial purpose (like income or construction), then its removal is permissible because it serves a constructive, not destructive, purpose. This nuanced approach demonstrates that the value of preservation is not absolute to the point of impracticality, but is balanced with other needs, always prioritizing life and well-being.

Cultivating Dignity and Ethical Conduct, Even Amidst Conflict

The text also highlights the importance of maintaining human dignity, order, and ethical conduct even in the most chaotic and brutal of circumstances: war. This value emphasizes that even when engaged in conflict, a community must uphold its moral standards and treat both its own members and, where possible, its adversaries, with a degree of respect and order.

Maintaining Order and Hygiene in the Camp

A striking example is the detailed instruction regarding hygiene in the army camp: "It is forbidden to defecate in an army camp or in an open field anywhere. Rather, it is a positive commandment to establish comfort facilities for the soldiers to defecate... Similarly, it is a positive commandment for every single soldier to have a spike hanging together with his weapons... he should dig with it, relieve himself, and cover his excrement." These commands, rooted in biblical passages, are not just about health; they are about maintaining a sense of order, cleanliness, and respect for the environment and the community, even in transient, difficult conditions. The rationale provided is profound: "God walks among your camp,... therefore, your camp shall be holy." This elevates basic sanitation to a spiritual imperative, linking cleanliness to holiness and divine presence. It suggests that a community's ethical standards are reflected even in its most mundane practices, and that dignity applies to the collective living space.

Honoring Covenants and Truthfulness

The text explicitly forbids lying: "It is forbidden to lie when making such a covenant or to be untruthful to them after they have made peace and accepted the seven mitzvot." This emphasizes the sanctity of agreements and the importance of integrity, even when dealing with former enemies. Once peace is established, the terms must be honored truthfully. This upholds the value of trust and reliability as foundational to any peaceful relationship, even those born out of conflict. The story of the Gibeonites, who used a ruse to secure a covenant with Joshua, highlights the complexity: while the covenant was made under false pretenses, the oath itself was still considered sacred and could not be lightly broken due to "dishonor to God's name." This underscores a deep commitment to the principle of upholding one's word.

The Regulated Nature of "Subjugation"

Even the concept of "subjugation," which might initially sound harsh, is presented within a framework of rules, not as an invitation to arbitrary cruelty. If an enemy accepts peace, they are to become "subjugated," which "consists of being on a lower level, scorned and humble. They must never raise their heads against Israel, but must remain subjugated under their rule. They may never be appointed over a Jew in any matter whatsoever." They also must provide tribute. While this describes a hierarchical social and political structure, it is a defined one. It outlines specific conditions (tribute, political subservience) rather than allowing for unlimited abuse. It is presented as an alternative to annihilation, a structured path to coexistence, albeit one that establishes a clear power dynamic. The text specifies what subjugation is and is not, thus creating a regulated system that, within its own framework, seeks to prevent chaos and arbitrary violence, offering a form of order. It's about establishing a stable, albeit subordinate, relationship, rather than ongoing conflict. This reflects a desire for structured interaction even when one party is dominant, aiming for a stable, if unequal, peace.

Respect for the Fallen

The text also includes a brief but poignant instruction: "A person killed in the war should be buried where he falls." This simple rule, ensuring that the dead are given a proper burial on the spot, speaks to a fundamental respect for human life, even in death, and even for those who fell in battle. It implies a recognition of the humanity of each individual, transcending the immediate circumstances of war, and ensuring a measure of dignity in their final rest.

In essence, this section of Maimonides' Mishneh Torah is not a glorification of war, but a rigorous attempt to apply ethical and moral principles to its conduct. It strives to establish boundaries, minimize destruction, and uphold standards of justice, truthfulness, and human dignity, even when societies are engaged in their most violent endeavors. It is a powerful testament to the enduring human quest to find light even in the darkest corners of experience.

Everyday Bridge

The ancient wisdom found in this text, though it deals with kings and wars, offers profound insights that can enrich our daily lives, regardless of our background. The values it elevates—prioritizing peace, stewardship of the earth, and ethical conduct—are universally applicable and can guide our actions in countless ways.

Cultivating a Peacemaking Mindset

The text's insistence on offering peace first, even to an adversary, is a powerful call to action in our own lives. While most of us won't be negotiating international treaties, we frequently encounter conflicts in our families, workplaces, communities, and online interactions.

• Seek Dialogue Before Confrontation: Before reacting with anger or judgment, can you initiate a conversation? Can you genuinely seek to understand the other person's perspective, just as the text suggests offering a "peaceful settlement" before engaging in "war"? This might mean pausing, listening actively, and choosing words that invite understanding rather than escalate tension.
• Create Space for Resolution: The instruction to leave an escape route during a siege can be a metaphor for leaving room for others to retreat, to change their minds, or to find a way out of a conflict without feeling completely cornered. In an argument, this might mean giving someone a chance to apologize, offering a compromise, or simply agreeing to disagree respectfully, rather than pushing for total victory. It's about de-escalating by providing an honorable exit.
• Prioritize Shared Values: Just as the text references the universal Noahide Laws as a basis for peace, we can look for shared moral ground in our conflicts. What basic principles of fairness, respect, or empathy can we all agree on? Focusing on these common values can often unlock paths to reconciliation.

Practicing Mindful Stewardship and Resourcefulness

The principle of "Do Not Destroy" (Bal Tashchit) is perhaps one of the most directly relevant and easily integrated values for people of all backgrounds today. In an era of increasing environmental awareness and concerns about waste, this ancient teaching offers a timeless ethical framework.

• Conscious Consumption: Reflect on how you use resources in your daily life. Do you buy more food than you need, leading to waste? Do you leave lights on, run water unnecessarily, or discard items that could be repaired or repurposed? The spirit of "Do Not Destroy" encourages us to be mindful consumers, valuing what we have and using it judiciously.
• Environmental Respect: Just as the text prohibits cutting down fruit trees and destroying springs, we can cultivate a deep respect for our natural environment. This could mean participating in local clean-up efforts, supporting sustainable practices, reducing your carbon footprint, or simply taking care not to litter. It’s about recognizing the inherent value in nature and our responsibility to preserve it.
• Valuing What You Have: Beyond environmental impact, "Do Not Destroy" also speaks to valuing the objects and resources in our lives. Instead of quickly replacing items, can you repair them? Instead of tossing usable food, can you compost it or share it? This mindset encourages resourcefulness and a deeper appreciation for the effort and materials that go into everything we use.

Upholding Dignity and Ethical Standards in All Actions

The emphasis on maintaining hygiene, honoring covenants, and even the structured nature of subjugation points to a broader value: the importance of upholding ethical standards and fostering dignity in all circumstances, even difficult ones.

• Integrity in Your Word: The prohibition against lying when making a covenant is a powerful reminder of the importance of honesty and integrity. In our personal and professional lives, honoring our commitments, keeping promises, and being truthful builds trust and strengthens relationships.
• Respect for Shared Spaces: The detailed rules for army camp hygiene can be generalized to our own shared environments. Whether it's a home, an office, a park, or a public restroom, maintaining cleanliness and order demonstrates respect for others who use that space and for the space itself. It's a small but significant way to contribute to a sense of community and shared well-being.
• Ethical Conduct Under Pressure: The text sets rules for war, one of the most extreme human endeavors. This suggests that even when facing immense pressure, difficulty, or conflict, we are still expected to act ethically. How do you behave when you're stressed, angry, or feel wronged? Can you still uphold your values, maintain your dignity, and treat others with a basic level of respect, even when it's challenging?

By reflecting on these ancient teachings, people of any background can find guidance for navigating the complexities of modern life with greater intention, compassion, and respect for both people and the planet.

Conversation Starter

If you're curious to delve deeper into these ideas with a Jewish friend, here are a couple of questions that can open up a respectful and engaging dialogue:

• "This text from Maimonides talks a lot about offering peace before war and even leaving an escape route during a siege. It makes me wonder, how do you see those ancient teachings about prioritizing peace and showing restraint in conflict apply to how we navigate disagreements or challenges in our modern lives, whether personally or globally?"
• "I was struck by the idea of 'Do Not Destroy' in this text, not just for trees but for other resources too. It feels very relevant today. Could you share a bit about how that value, of protecting resources and avoiding waste, shows up in your Jewish practice or personal philosophy?"

Takeaway

This journey through Maimonides' Mishneh Torah reveals that even texts dealing with the ancient laws of warfare are rich with universal human values. From the profound emphasis on seeking peace and minimizing harm, to the deep commitment to environmental stewardship, and the insistence on ethical conduct even in conflict, these teachings offer a timeless invitation to reflect on our shared responsibilities to each other and to the world we inhabit.