Mishneh Torah, Kings and Wars 6

Hook

From the sun-drenched courtyards of Fez to the bustling spice markets of Baghdad, the voice of the Rambam echoes, not in a dusty tome, but in the vibrant rhythm of a community living Torah – a testament to a legal system that, even in times of war, champions peace, dignity, and the sanctity of creation.

Context

Across diverse lands and through centuries of rich interaction, Sephardi and Mizrahi communities have served as vibrant custodians of Jewish intellectual and spiritual heritage. Our journey through the Mishneh Torah is not merely an academic exercise; it is an exploration of a living tradition, shaped by the towering figure of Rabbi Moshe ben Maimon, the Rambam, and woven into the very fabric of daily life, ethical thought, and communal practice.

Place

Our exploration begins in the lands where Sephardi and Mizrahi Jewry flourished, stretching from the Iberian Peninsula (Sepharad) across North Africa (the Maghreb), through the Levant, Anatolia, Mesopotamia, Persia, Yemen, and even reaching into Central Asia and India. These were regions predominantly under Islamic rule for significant periods, fostering a unique cultural and intellectual synthesis. In places like medieval Spain, Morocco, Egypt, Syria, and Iraq, Jewish communities achieved remarkable intellectual and social prominence, often serving as cultural bridges between civilizations. The halakhic and philosophical insights of Maimonides, himself a product of Al-Andalus and Fustat (Old Cairo), became foundational for these communities, shaping their approach to Torah study, psak halakha (halakhic ruling), and communal organization. The specific nuances of minhag (custom) might vary from Tripoli to Tehran, from Thessaloniki to Tangier, yet the reverence for the Rambam's codification often provided a unifying thread. The very laws of kings and wars, though often theoretical in diaspora, informed a sophisticated understanding of justice, statecraft, and intergroup relations in diverse societal contexts.

Era

The Mishneh Torah, completed by Maimonides around 1177 CE, stands as a monumental work of codification, seeking to present Jewish law in a clear, concise, and logically organized manner, accessible to all. Its impact on Sephardi and Mizrahi Jewry was immediate and profound, establishing Maimonides as the preeminent posek (halakhic authority) for many generations. His era was one of intellectual ferment, where engagement with philosophy, medicine, and science was not seen as antithetical to Torah study but rather as complementary. This intellectual climate fostered a holistic approach to Jewish law, where halakha was understood not in isolation, but as part of a comprehensive system encompassing ethics, theology, and practical living. Throughout the subsequent centuries, from the Golden Age of Spain to the Ottoman Empire and beyond, Maimonides's works remained central. Commentaries on the Mishneh Torah abounded, piyyutim (liturgical poems) were composed celebrating his wisdom, and his halakhot were meticulously studied and applied by hakhamim (sages) across the Sephardi and Mizrahi world. Even in modern times, the direct study of Mishneh Torah remains a cornerstone of learning in many Sephardi and Mizrahi yeshivot and communities, a testament to its enduring relevance and authority.

Community

Sephardi and Mizrahi communities, by virtue of their historical circumstances, often lived as minority populations within larger non-Jewish societies. This reality profoundly shaped their engagement with texts like Mishneh Torah, Kings and Wars. While the direct application of laws concerning a Jewish monarchy or military conquest might have been largely theoretical in the diaspora, the underlying ethical principles, the emphasis on peace, justice, and the sanctity of life, were deeply internalized. Maimonides's systematic approach to halakha, his philosophical rationalism, and his universalist leanings (such as the Seven Noahide Laws) resonated strongly. His writings provided a framework for understanding Jewish identity and responsibility in a complex world. The hakhamim of these communities, steeped in the Rambam's teachings, cultivated a nuanced understanding of kiddush Hashem (sanctification of God's Name) and chillul Hashem (desecration of God's Name), recognizing the profound impact of Jewish conduct on the perception of Judaism by the wider world. The meticulous study of Mishneh Torah became a pathway not only to legal knowledge but also to an ethical worldview that prioritized wisdom, compassion, and the pursuit of truth, even in the abstract consideration of challenging topics like warfare. The minhagim that developed reflected this deep textual engagement, often emphasizing intellectual rigor, communal harmony, and a vibrant spiritual life that seamlessly integrated the sacred and the profane.

Text Snapshot

Mishneh Torah, Kings and Wars 6 meticulously outlines the laws of engaging in warfare, emphasizing that peace must always be offered first, even to non-Jews, with specific conditions for subjugation and tribute rooted in the Seven Noahide Laws. It details exceptions for certain nations like Amalek and the Seven Nations of Canaan, and for Ammon and Moab, to whom peace is not initially offered. Crucially, the text mandates ethical conduct during siege, prohibiting the wanton destruction of fruit trees (bal tashchit) and stressing the importance of military hygiene, reflecting a profound concern for both human dignity and environmental stewardship even amidst conflict.

Minhag/Melody

The Mishneh Torah is not merely a legal code; it is a profound ethical and philosophical treatise, particularly for Sephardi and Mizrahi communities who hold Maimonides as their foundational posek and spiritual guide. Chapter 6 of Kings and Wars, despite its seemingly stark subject matter, offers fertile ground for understanding the values deeply embedded in these traditions: the pursuit of peace, the universalist scope of Torah, and the profound respect for creation.

The Primacy of Peace and the Noahide Laws

The very opening of our text, "War, neither a milchemet hareshut or a milchemet mitzvah, should not be waged against anyone until they are offered the opportunity of peace," sets a powerful ethical tone. This is not a reluctant concession but a foundational principle, echoing Deuteronomy 20:10. For Sephardi and Mizrahi hakhamim throughout the ages, this wasn't just a legal formality but a moral imperative, reflecting the Torah's ultimate aspiration for universal harmony. Maimonides, in his comprehensive codification, grounds this in the "seven mitzvot that were commanded to Noah's descendents" (Steinsaltz, 6:1:2). These Noahide Laws – prohibitions against idolatry, blasphemy, murder, sexual immorality, theft, and eating flesh torn from a living animal, and the commandment to establish courts of justice – represent a universal moral code applicable to all humanity.

For communities living in diverse societies, often as minorities, Maimonides's clear articulation of these laws was profoundly significant. It provided a framework for understanding their non-Jewish neighbors, recognizing their inherent moral standing, and fostering a path for coexistence. Sephardi poskim, such as Rabbi Yosef Caro (author of the Shulchan Aruch, a work deeply influenced by Maimonides and widely adopted by Sephardim), often cited Maimonides in affirming the validity and importance of Noahide observance for non-Jews. This intellectual tradition cultivated an outlook that, while distinct, was not insular, promoting respectful engagement and a shared moral foundation. The concept of "subjugation" and "tribute" (Steinsaltz, 6:1:4, 6:1:5) in the text, while appearing harsh, is presented as an alternative to war, a means of establishing a secure, albeit hierarchical, peace, rather than outright destruction. It reflects a pragmatic engagement with the realities of ancient statecraft, always prioritizing the cessation of bloodshed. The Steinsaltz commentary on "do not heed their offer" (6:1:3) clarifies that if the peace conditions are not met, war must be waged, underscoring the seriousness of these terms as the only alternative to conflict.

Bal Tashchit: A Sephardi/Mizrahi Ethical Imperative

Perhaps one of the most enduring and universally applicable ethical teachings derived from this chapter is the prohibition of bal tashchit – "Do not destroy its trees" (Deuteronomy 20:19). Maimonides expands this beyond a wartime directive: "This does not apply only in a siege, but in all situations. Anyone who cuts down a fruit tree with a destructive intent, should be lashed." This Maimonidean ruling, emphasizing the sanctity of creation and the prohibition against wanton waste, became a cornerstone of environmental ethics within Sephardi and Mizrahi communities.

The Steinsaltz commentary (6:10:1, 6:10:2) further illuminates Maimonides's nuance: "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.' However, he is not lashed. Instead, he receives stripes for rebellious conducts instituted by the Sages." This distinction highlights that while the Torah explicitly links lashes to the destruction of fruit trees, the spirit of bal tashchit extends to all forms of destructive waste. For Sephardi and Mizrahi communities, often living in arid lands where resources were precious, this halakha was not abstract. It translated into practical minhagim:

• Resourcefulness: A strong tradition of repairing items rather than discarding them, mending clothes, and reusing materials.
• Food Waste: A profound aversion to wasting food, carefully collecting crumbs, and ensuring no food goes uneaten, reflecting a deep appreciation for sustenance as a Divine gift. The hakhamim would often speak of the spiritual implications of wasting food.
• Respect for Nature: While not always formalized into explicit "environmentalism" in modern terms, the underlying respect for fruit-bearing trees and natural resources was ingrained. Planting trees, tending gardens, and utilizing water judiciously were seen as virtuous acts, embodying the spirit of bal tashchit.

This ethical framework, derived from Maimonides, shaped a worldview where responsible stewardship of the world was a religious obligation. It fostered a practical piety that saw holiness not just in ritual but in the careful and considered interaction with the material world.

The Melody of Maimonides: Yigdal and Intellectual Piety

While there isn't a specific piyut directly referencing the laws of war, the profound influence of Maimonides on Sephardi and Mizrahi piyut and liturgy is undeniable. The most prominent example is the piyut "Yigdal Elokim Chai," a liturgical poem that encapsulates Maimonides's Thirteen Principles of Faith. This piyut, sung daily in many Sephardi and Mizrahi synagogues, often with a range of beautiful and diverse melodies (from North African maqamat to Syrian-Jewish pizmonim), serves as a constant reaffirmation of the Maimonidean theological foundation that underpins all halakha, including the laws of war.

The singing of "Yigdal" in a vibrant communal setting, with its diverse melodies, is a profound act of intellectual piety. It teaches that halakha is not merely a set of rules but an expression of a coherent, rational, and divinely ordained worldview. The principles articulated in "Yigdal" – God's unity, incorporeality, eternality, omniscience, and the belief in prophecy, the divine origin of Torah, reward and punishment, the coming of Messiah, and resurrection – provide the theological context for understanding why these laws, even those as complex as war, are given and how they lead to a just and holy society. The emphasis on God's wisdom and justice, as enshrined in these principles, implicitly guides the detailed halakhot presented in Kings and Wars 6, reminding the worshipper that even in the most challenging scenarios, divine wisdom provides a path. The melodies themselves, often passed down through generations within specific communities (e.g., the melodies of Aleppo, Jerusalem, or Baghdad), add a layer of spiritual depth, transforming theological tenets into a heartfelt, communal expression of faith. This deep engagement with Maimonides, through both study and piyut, exemplifies how Sephardi and Mizrahi traditions weave intricate legal details into a rich tapestry of ethical and spiritual living.

Contrast

One of the most significant yet respectful distinctions between Sephardi/Mizrahi minhag and some Ashkenazi practices lies in the approach to psak halakha (halakhic ruling) and the foundational authority of Maimonides. While Maimonides is universally revered across Jewish communities, his role as the primary posek differs considerably.

Maimonides as the Unifying Halakhic Authority

For most Sephardi and Mizrahi communities, Maimonides's Mishneh Torah holds a singularly authoritative status. It is often considered the direct and primary source for halakha, influencing not only legal rulings but also the very structure of study and the communal ethical framework. The Shulchan Aruch by Rabbi Yosef Caro, a Sephardi posek from Safed, largely bases its rulings on Maimonides, along with Alfasi (Rif) and Asher ben Yehiel (Rosh), with Maimonides often given precedence. As a result, when a Sephardi Hakham or a member of the community encounters a question of halakha, the first port of call is frequently the Mishneh Torah or the Shulchan Aruch with a strong Maimonidean lens. This leads to a relatively unified and consistent halakhic approach across the diverse Sephardi and Mizrahi world, often referred to as "following the Rambam." This text, Kings and Wars, would be studied directly and its principles deeply integrated.

In contrast, within Ashkenazi communities, while Maimonides is highly esteemed and studied, his Mishneh Torah is one of several foundational works that contribute to psak halakha. The primary legal code for Ashkenazim is generally considered to be the Shulchan Aruch along with the glosses (Mappah) of Rabbi Moshe Isserles (Rema). The Rema's glosses often incorporate the opinions of Ashkenazi poskim (like the Tosafists, Rosh, and others) who sometimes differed from Maimonides. This creates a more pluralistic halakhic landscape where various opinions are weighed, and the final ruling might reflect a synthesis or a preference for an Ashkenazi tradition that diverged from Maimonides. For example, while Maimonides's rulings on bal tashchit (like the specifics of which trees can be cut down or the distinction between lashes for trees and makkot mardut for other objects) are respected, an Ashkenazi posek might also consider other medieval authorities whose interpretations, while similar in spirit, might have nuanced differences in application or emphasis.

This difference in primary authority leads to distinct approaches to halakha. For Sephardim/Mizrahim, the clarity and comprehensive nature of Maimonides's code fostered a tradition of direct engagement with his text, viewing it as the definitive guide. For Ashkenazim, the synthesis of multiple authorities, particularly through the Rema's glosses, led to a tradition that balanced different schools of thought. Both approaches are deeply rooted in their respective histories and intellectual lineages, both striving for truth and adherence to Torah, but they manifest in different pathways to halakhic decision-making and communal practice. Neither is superior, but they represent a rich tapestry of Jewish legal thought.

Home Practice

Drawing from the profound ethical teachings embedded within Mishneh Torah, Kings and Wars 6, especially the principle of bal tashchit and the emphasis on peace, we can adopt a small, yet impactful, home practice.

Mindful Stewardship and the "Peace Offering" of Everyday Life

The Rambam's expansion of bal tashchit beyond wartime, to include breaking utensils, tearing garments, destroying buildings, or ruining food with destructive intent, offers a powerful lens through which to view our daily actions. This practice invites us to extend the spirit of offering "peace" not just to people, but to the world around us.

The Practice: For one week, consciously adopt a "mindful stewardship" approach to your possessions and resources, particularly food and household items. Before discarding something, ask yourself:

1. Can it be repaired? (Like mending a garment or fixing a broken dish, rather than immediately replacing it.)
2. Can it be repurposed? (Can a worn-out item find a new use before being thrown away?)
3. Am I wasting food? (Be hyper-aware of your food consumption. Finish your plate. Store leftovers carefully. Plan meals to minimize spoilage. If you see food going to waste, consider what steps you could take next time to prevent it.)
4. Am I using resources judiciously? (Mindful use of water, electricity, paper, etc.)

This practice is a modern embodiment of the Rambam's teaching. It transforms the abstract legal concept of bal tashchit into a tangible, personal commitment. Just as Maimonides stresses offering peace before war, this "peace offering" to our environment and resources acknowledges their inherent value and our responsibility as stewards. It cultivates an appreciation for what we have, promotes sustainability, and aligns our daily habits with a deep reverence for God's creation, reflecting a core Sephardi/Mizrahi ethical value of careful, considered living.

Takeaway

The study of Mishneh Torah, Kings and Wars 6, through the lens of Sephardi and Mizrahi tradition, reveals a profound, nuanced, and ultimately hopeful vision. It teaches us that even in the contemplation of conflict, the Torah's ultimate aspiration is peace, dignity for all humanity through the Noahide Laws, and an unwavering respect for the sanctity of creation. This Maimonidean heritage, meticulously preserved and vibrantly lived in our communities, reminds us that halakha is not merely law, but a divine blueprint for an ethical, just, and harmonious world, guiding us to seek wisdom, cherish peace, and steward our planet with profound care.