Mishneh Torah, Kings and Wars 7

Sugya Map

The passage under scrutiny from Rambam's Mishneh Torah, Hilchot Melachim u'Milchamot Perek 7, delineates the intricate laws of military conscription and deferment (חוזרים מעורכי המלחמה) and total exemption (נקי לביתו) in the context of both milchemet mitzvah (obligatory war) and milchemet reshut (discretionary war).

Issue

The central issue is the precise application of the Biblical deferment categories (house, vineyard, wife, and fear) and the absolute one-year exemption, distinguishing between their roles and scope in milchemet mitzvah versus milchemet reshut. Additionally, the Rambam details the unique role and pronouncements of the meshuach milchamah.

Nafka Minas

1. Scope of Deferment: Who is eligible for deferment and under what conditions? The nafka mina is whether the house, vineyard, or wife exemptions apply to milchemet mitzvah (Rambam rules no) or only milchemet reshut.
2. Role of Meshuach Milchama: Understanding the dual nature of his address and the distinction between his direct speech and subsequent proclamations by other officers.
3. Definition of "Fearful": The interpretation of "ירא ורך לבב" (Devarim 20:8) – whether it refers to literal fear, fear of sins, or simply a lack of bravery, and its implications for deferment.
4. Absolute Exemption: The comprehensive nature of the one-year exemption (נקי לביתו) and its practical implications beyond direct combat.
5. Consequences of Cowardice: The severity of a soldier's moral obligation to fight courageously in milchemet mitzvah.

Primary Sources

• Devarim 20:1-8 (Laws of war and deferments)
• Devarim 24:5 (The one-year exemption for a newly married man)
• Mishnah and Gemara Sotah 43a-44b (Elaborates on the meshuach milchamah and deferments)
• Mishneh Torah, Hilchot Melachim u'Milchamot 5:1 (Definition of milchemet mitzvah vs. reshut)

Text Snapshot

The Rambam, in Mishneh Torah, Hilchot Melachim u'Milchamot Perek 7, lays out the comprehensive framework:

בֵּין בְּמִלְחֶמֶת מִצְוָה בֵּין בְּמִלְחֶמֶת רְשׁוּת מַמְנִין כֹּהֵן שֶׁיְּדַבֵּר אֶל הָעָם קֹדֶם הַמִּלְחָמָה. וּמוֹשְׁחִין אוֹתוֹ בְּשֶׁמֶן הַמִּשְׁחָה וְהוּא הַנִּקְרָא מְשׁוּחַ מִלְחָמָה.

Kings and Wars 7:1¹ In both a milchemet mitzvah and a milchemet hareshut, a priest is appointed to address the nation before the battle. He is anointed with the oil of anointment and is called, the meshuach milchamah.

בְּאֵיזֶה דְּבָרִים חוֹזְרִין אֵלּוּ הָאֲנָשִׁים מֵעוֹרְכֵי הַמִּלְחָמָה. בְּמִלְחֶמֶת הָרְשׁוּת. אֲבָל בְּמִלְחֶמֶת מִצְוָה הַכֹּל יוֹצְאִין אֲפִלּוּ חָתָן מֵחֶדְרוֹ וְכַלָּה מֵחֻפָּתָהּ.

Kings and Wars 7:10² In which instances are the above-mentioned individuals sent away from the battlefront? In a milchemet hareshut. By contrast, in a milchemet mitzvah, the entire nation must go out to war, even a groom from his chamber, and a bride from her pavilion.

כָּל הַיּוֹצֵא מִמַּחֲנֵה הַצָּבָא חוֹזֵר כְּשֶׁיִּשְׁמַע הַכֹּהֵן. וְהוּא מַסְפִּיק לַאֲחֵי הַצָּבָא מַיִם וּמָזוֹן וּמְתַקֵּן לָהֶם הַדְּרָכִים.

Kings and Wars 7:9³ All those who return from the army camp, return when they hear the proclamation of the priest. They must supply food and water to their brethren in the army and fix the roads for them.

וְאֵין מַטְרִיחִין אוֹתָן לְשׁוּם דָּבָר בָּעוֹלָם.

Kings and Wars 7:10⁴ They are not conscripted until the completion of one year... During this entire year, he is not obligated to supply the troops with food or water. He should not fix the roads, guard the walls or pay the levy for beams for the gates of the city, as ibid. states: 'He shall not enter military service or be assigned any duties.'

Dikduk/Leshon Nuance

The Rambam's precise language in 7:10, "בְּאֵיזֶה דְּבָרִים חוֹזְרִין אֵלּוּ הָאֲנָשִׁים מֵעוֹרְכֵי הַמִּלְחָמָה. בְּמִלְחֶמֶת הָרְשׁוּת," explicitly restricts all the deferment categories (house, vineyard, wife, and "ירא ורך לבב") to milchemet reshut. This stands in stark contrast to the explicit recitation of all these categories by the meshuach milchamah (7:5-8). Furthermore, the severity of the language in 7:16 regarding the prohibition against fear in battle ("עובר בלא תעשה") underscores that while fear might grant deferment in reshut, it is a grave moral failing in milchemet mitzvah, not an excuse to leave. The distinction between "חוֹזְרִין מֵעוֹרְכֵי הַמִּלְחָמָה" (returning from battle lines) and "אֵין מַטְרִיחִין אוֹתָן לְשׁוּם דָּבָר בָּעוֹלָם" (not bothering them at all) highlights the two tiers of military exemption.

Readings

Maggid Mishneh on Kings and Wars 7:10

The Maggid Mishneh⁵ (Rabbi Vidal of Tolosa, 14th century) often functions as a critical textual commentary, elucidating the Rambam's sources and resolving apparent discrepancies. Regarding Rambam's statement in 7:10 that all deferments apply only to milchemet reshut, the Maggid Mishneh points to the Gemara in Sotah 44a-b as the primary source. The Gemara explicitly contrasts milchemet mitzvah ("כולם יוצאין") with milchemet reshut, where the deferments apply.

• Chiddush: The Maggid Mishneh's contribution here is solidifying the halakhic bedrock of the Rambam's distinction. He clarifies that the Rambam's categorical exclusion of deferments in milchemet mitzvah is not an innovation but a direct derivation from the Talmudic discussion, particularly concerning the yerah v'rach levav (fearful and faint-hearted) clause. This underscores that the meshuach milchamah's recitation of the psukim is universal, but their halakhic application is not.

Steinsaltz on Kings and Wars 7:10:5

Rabbi Adin Steinsaltz's commentary⁶ offers a concise yet profound insight into the legal basis of the one-year exemption:

נָקִי יִהְיֶה לְבֵיתוֹ וכו’ . הכתוב מדבר על הנושא אישה חדשה שבשנה הראשונה לנישואיו לא יוצא בצבא ולא טורח בשאר צרכי הצבא והעיר (ראה הלכה הבאה), ונלמד במסורת שהוא הדין למי שחנך בית או חילל כרם.

He must remain free for his home, etc. The verse speaks of one who marries a new wife, who in the first year of his marriage does not go out to war and is not bothered with other needs of the army and the city (see next halacha), and it is learned by tradition that the same applies to one who dedicated a house or redeemed a vineyard.

• Chiddush: Steinsaltz highlights that the deferment for building a house or redeeming a vineyard is not explicitly stated in Devarim 24:5 but is rather a halakha l'Moshe miSinai (a law given to Moses at Sinai) derived by Oral Tradition. This reveals a critical aspect of Torah Sheb'al Peh: expanding the scope of a Biblical mitzvah through tradition. It implies that the spirit of the law—allowing a person a year of focus on their new significant life event—is paramount, and the specific instances mentioned in the pasuk are illustrative, not exhaustive. This elevates the house and vineyard exemptions to the same fundamental plane as the marital exemption, emphasizing the importance of establishing a stable home and livelihood before fulfilling military obligations.

Ohr Sameach on Kings and Wars 7:11:1

The Ohr Sameach⁷ (Rabbi Meir Simcha of Dvinsk, 19th-20th century) on the Rambam’s specification that the one-year exempt individual is free from even "לא נותן לפסי העיר" (paying the levy for beams for the city gates) provides a direct source:

ולא נותן לפסי העיר: נ"ב תוספתא סוטה: And does not pay for the city's beams: See Tosefta Sotah:

• Chiddush: The Ohr Sameach directly traces the Rambam's comprehensive definition of the one-year exemption, particularly its extension to civic duties like contributing to city defense infrastructure, back to the Tosefta Sotah⁸. This is a subtle yet significant chiddush because it demonstrates the full breadth of "לא יצא בצבא ולא יעבור עליו כל דבר" (Devarim 24:5), indicating that the exemption is not merely from direct combat but from any communal burden related to the city's security or military support. It underscores the absolute nature of this year of "purity" (נקי) for the individual to establish his new home life, free from any public imposition.

Friction

The Conundrum of "ירא ורך לבב" in Milchemet Mitzvah

Kushya: Rambam presents a significant tension regarding the "ירא ורך לבב" (fearful and faint-hearted) clause. In Hilchot Melachim 7:10, he states unequivocally that all deferments, including that for the fearful, apply only to milchemet hareshut: "בְּאֵיזֶה דְּבָרִים חוֹזְרִין אֵלּוּ הָאֲנָשִׁים מֵעוֹרְכֵי הַמִּלְחָמָה. בְּמִלְחֶמֶת הָרְשׁוּת." Yet, in 7:15, he defines "ירא ורך לבב" as one "whose heart is not brave enough to stand in the throes of battle," and immediately following, in 7:16, he asserts that anyone who "begins to feel anxious and worry in the midst of battle... violates a negative commandment, as it is written... 'Do not be faint-hearted. Do not be afraid...'" This strong moral condemnation, applying to any soldier in battle, seems most acute in the context of milchemet mitzvah. If deferment for fear is only for milchemet reshut, why is the Rambam so emphatic about the prohibition against fear, implying its applicability even when there's no legal deferment? This appears to be a disconnect: if one cannot return from a milchemet mitzvah due to fear, why is the specific prohibition necessary, and what is its practical implication beyond the absence of deferment?

Terutz: The Mishneh Lamelech⁹ (Rabbi Judah Rosanes, 18th century) addresses this by delving into the Gemara in Sotah 44a. The Gemara discusses two interpretations of "ירא ורך לבב":

1. One who is literally afraid ("ירא מעורכי המלחמה").
2. One who is afraid due to sins in his hand ("ירא מעבירות שבידו"). The Gemara concludes that in milchemet mitzvah, even one afraid due to sins does not return, let alone one literally afraid. Rambam, in 7:10, consolidates this by stating all deferments, including the fearful, are only for milchemet reshut.

The resolution lies in understanding the dual nature of the meshuach milchamah's proclamation and the distinct roles of deferment versus moral obligation.

1. Proclamation vs. Application: The meshuach milchamah recites the psukim from Devarim 20 universally (7:5-8), regardless of the type of war. However, their halakhic application for deferment is restricted by the Torah Sheb'al Peh to milchemet reshut. Thus, the phrase "ירא ורך לבב" is indeed proclaimed, but it does not grant a legal right to return from milchemet mitzvah.
2. Legal Deferment vs. Moral Prohibition: In milchemet mitzvah, there is no legal deferment for fear. Instead, as the Rambam emphasizes in 7:16, fear becomes a severe moral failing and a transgression of a negative commandment ("לא תיראו"). This prohibition is not about returning from battle but about one's conduct within battle. A soldier in a milchemet mitzvah is obligated to fight, and once engaged, he must overcome fear due to the sanctity of the mission. The Rambam's strong language in 7:16 serves as a profound ethical and spiritual imperative for the soldier, distinct from the legal framework of deferment. He argues that such fear harms the entire nation and is akin to shedding innocent blood. The pasuk "Let him go home, lest he demoralize the hearts of his brethren like his own" (Devarim 20:8) is interpreted by Rambam in 7:16 not as a legal permission to leave in milchemet mitzvah, but as a reason why the fearful should have been sent home in milchemet reshut, and why their presence in milchemet mitzvah is so detrimental if they succumb to fear.

Therefore, the Rambam consistently differentiates between the legal right to return (absent in milchemet mitzvah for fear) and the moral and spiritual obligation to overcome fear (paramount in milchemet mitzvah).

Intertext

Jeremiah 48:10 and the Ethical Imperative

Rambam himself explicitly references Jeremiah 48:10 at the end of 7:16: "אָרוּר עֹשֵׂה מְלֶאכֶת ה' רְמִיָּה וְאָרוּר מֹנֵעַ חַרְבּוֹ מִדָּם."¹⁰

Cursed be he who does God's work deceitfully. Cursed be he who withholds his sword from blood. This powerful prophetic curse underscores the moral gravity of military service, especially in milchemet mitzvah. The Rambam applies this not just to outright desertion but to fighting "deceitfully" or "withholding one's sword from blood" by being faint-hearted or anxious. It transforms military duty from a mere physical engagement into a spiritual undertaking, where one's inner disposition (fear vs. faith) is a direct measure of one's commitment to God's work. The Meshech Chochma¹¹ on Devarim 20 likewise emphasizes that the war is for "קידוש השם" (sanctification of God's Name), lending profound spiritual weight to every soldier's actions.

Kiddushin and the Priority of Building a Home

The concept of "נקי יהיה לביתו שנה אחת" (Devarim 24:5)¹², providing a one-year exemption for a newly married man, finds its echo throughout Halakha regarding the priority of establishing a home. This exemption from military service, along with other communal burdens as noted by Rambam (7:10-11), highlights the profound value placed on the initial year of marriage for building a stable family unit. This idea is foundational to the very purpose of the Jewish nation – to be fruitful and multiply, and to establish households based on Kedushah. The expansion of this exemption to include building a new home or completing a vineyard, as derived from Oral Tradition, further reinforces the societal recognition of these foundational acts of settlement and productivity.

The Shulchan Aruch, Even HaEzer 1:1,¹³ in discussing the mitzvah of pru u'rvu (be fruitful and multiply), emphasizes the critical role of marriage in society. The military exemption for a year after marriage, as detailed by Rambam, directly supports this core value, ensuring that the initial period of marital bonding and establishing a home is protected from external pressures. It’s a halakhic affirmation that individual well-being and family formation are prerequisites for, or at least equal in importance to, national defense, reflecting a holistic approach to national strength.

Psak/Practice

The specific categories of deferment for house, vineyard, and wife, as well as the anointing of a meshuach milchamah, are largely theoretical in contemporary halakhic practice, given the absence of a Beit HaMikdash and the lack of a universally recognized, divinely ordained milchemet mitzvah in the traditional sense. While the State of Israel's wars are often framed in terms of milchemet mitzvah by some halakhists, the application is generally not to the specific deferment rules of Devarim 20.

However, the meta-psak heuristics and underlying principles remain profoundly relevant:

1. Distinction between Obligatory and Discretionary Warfare: The Rambam's rigorous categorization of milchemet mitzvah vs. milchemet reshut (Hilchot Melachim 5:1) still informs discussions about the nature of contemporary conflicts and the level of national obligation.
2. Moral Imperative for Courage: The strong condemnation of fear in battle (7:16) and the emphasis on fighting for Kiddush Hashem provide a powerful ethical framework for soldiers in any conflict. This translates into a meta-halakhic expectation of self-sacrifice and unwavering commitment.
3. Prioritization of Home and Family: The one-year exemption (נקי יהיה לביתו) underscores the halakhic recognition of the importance of establishing a stable home and family unit. While not literally applied to military service today, this principle influences halakhic perspectives on balancing communal obligations with individual and familial needs.
4. Leadership and Proclamation: The role of the meshuach milchamah highlights the importance of spiritual leadership and morale-building before engagement. Modern military chaplaincy and rabbinic guidance often draw on these principles, providing spiritual encouragement to soldiers.

Takeaway

Rambam meticulously details the nuanced laws of military deferment, sharply distinguishing between obligatory and discretionary wars, while simultaneously imbuing the act of warfare with profound moral and spiritual imperatives that transcend mere legal categories. The text emphasizes that genuine national strength is built upon courageous commitment to a sanctified cause, balanced with foundational respect for individual family and livelihood.

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¹ Mishneh Torah, Kings and Wars 7:1. ² Mishneh Torah, Kings and Wars 7:10. ³ Mishneh Torah, Kings and Wars 7:9. ⁴ Mishneh Torah, Kings and Wars 7:10. ⁵ Maggid Mishneh on Mishneh Torah, Kings and Wars 7:10. ⁶ Steinsaltz on Mishneh Torah, Kings and Wars 7:10:5. ⁷ Ohr Sameach on Mishneh Torah, Kings and Wars 7:11:1. ⁸ Tosefta Sotah 7:22. ⁹ Mishneh Lamelech on Mishneh Torah, Kings and Wars 7:10. ¹⁰ Jeremiah 48:10. ¹¹ Meshech Chochma on Devarim 20:1. ¹² Devarim 24:5. ¹³ Shulchan Aruch, Even HaEzer 1:1.