FOR IT IS THE LORD YOUR GOD WHO

MARCHES WITH YOU TO DO BATTLE FOR YOU AGAINST YOUR ENEMY, TO BRING YOU VICTORY.

(Devarim 20:4)

Since

enemies to you, let your camp be holy; let Him not find anything unseemly

among you and

turn away from you.

(Devarim 23:15)

For it is the

Lord Your God who marches with you – They come with the might of flesh and blood, while you

come with the might of the Omnipresent. The Philistines came with the might of

Goliath, what was his end? In the end he fell by the sword together with his

people. You are not like that, For it is the

Lord Your God who marches with you to do battle for you etc.

– that is the encampment of the Ark.

(Sotah 42a)

Who marches with you – this does not refer to the Ark, but to God Himself. The proof

appears below: Since the Lord your God moves

away from you.

(ShaDaL Devarim 20:4)

Since the Lord

your God moves about in your camp. It has also included another notion, saying: let

Him not find anything unseemly among you and turn away from you, this being against that which,

as is well known, is widespread among soldiers in a camp after they have stayed

for a long time away from their homes. Accordingly He, may He be exalted, has

commanded us to perform actions that make us call to mind that the Indwelling

has descended among us so that we should be preserved from those actions, and

has said: let your camp be holy; let Him

not find anything unseemly among you, and so on. He has even commanded that a

man who has polluted himself by night should go out of the camp until the

sun sets; and afterward he may come into the camp. Accordingly everyone

should have in his mind that the camp is like a Sanctuary of the Lord and not

like the camps of the gentiles destined only to destroy and to do wrong and to

harm the others and to rob them of their property. On the contrary, our purpose

is to make people apt to obey God and to introduce order into circumstances.

(RaMBaM: Guide of the Perplexed III:41,

pp. 566-7 in Pines translation)

Who is Mighty? One Who Conquers his Inclination

Ariel Rathaus

The laws of war are a central

topic in parashat Shoftim. It

would not be unreasonable to say that they reflect concern to preserve the

value of human life even in times when it is natural for human values to be

pushed aside.

The address to the troops made

by the Mashua'ah Milhama

fiancée, or enjoyed his new house or vineyard – as well as anyone who is

simply afraid (and thus liable to spoil his comrades' mettle) – to return to

their homes. This is an excellent example of a system of considerations

that does not neglect or repress the human side of things, the natural and

sometimes unheroic feelings of the person as individual,

even in times of war. The aspiration for peace also finds expression in the

laws of war in our parasha, as the verse proclaims: When

you come near a town to do battle against it, call forth to it to make peace (Devarim 19:10). The greatest exegetes and halakhic authorities were in disagreement regarding this

passage. Some, like Rashi (ad loc) think that it

applies only to a milhemet rishut [optional war], while others say that it applies

to a milhemet mitzvah [a war required

by the Torah] as well (see RaMBaN ad loc, and RaMBaM Hilkhot Melakhim 6:1). According to the second opinion, even in a war against the

Seven Nations for the conquest of the Land of Israel, we are required to attempt to

achieve negotiated agreement before turning to hostile action. The RaMBaM summarizes this approach in a statement which we

should commit to memory: "Do not go to war against any person in the world

without first calling to him to make peace, both in the case of a milhemet rishut as

well as in a milhemet mitzvah" (ibid).

These words are being written as

the second war in Lebanon still rages. Hundreds of

thousands of Israeli citizens remain in bomb-shelters and many fighters risk

and sacrifice their lives. One can only hope that by the time this article is

published, the war will be behind us and we will all be able to breathe freely,

like someone who has awoken from a nightmare and rejoices in seeing the

familiar four walls of his bedroom and his clothing folded neatly over the

chair. At this moment of difficult trial, it is perhaps hard to adhere to the

spirit of RaMBaM's words quoted above. However,

despite the difficulty, it is incumbent upon us as Jews who are loyal to our

tradition – a tradition that includes R. Akiva's

dictum, "Beloved is man for he was created in the Divine image" – to

view the events of the past weeks – and especially the public atmosphere and

discourse that developed around them – by the light of our faith and religious

world-view.

From its very inception, the

present war has been described as "just" or "justified." Indeed,

we were attacked suddenly on the international boundary by an extremist and

murderous organization which calls for the destruction of the State of Israel;

we reacted as a sovereign state must react to such venomous aggression. In our parasha, Rashi also deals with

the connection between "war" and "justice," but he is

concerned with a different aspect of the connection between them. Rashi explains the verse When you go to war against your

them, for the Lord your God is with you (Devarim20:1) in the light of the fact that it

follows immediately upon the heels of a legal passage dealing with false

witnesses (19:15-21). He writes:

This comes to tell you that if

you performed fair judgment you are guaranteed to win when you go out to war,

as David said: I have done what is just and right; do not abandon me to

those who would wrong me (Psalms 119:121).

In other words, Rashi is saying that a society which practices justice and

fairness can look forward to God's help and victory in war. From this we learn

that the question whether we went to war as a just society is no less important

than the question whether we had just cause for going to war.

This is not the place to

determine to what extent Israeli society is in fact just. Today, the utopian

dreams of the early pioneers who believed that they were building a model

society that would spread light unto the nations brings a half-amused/half-bitter

smile to our faces. Nevertheless, we must ask ourselves whether in the past

weeks of fighting we knew how to comport ourselves as a society which is

sensitive to the Jewish values of justice, fairness, and morality.

The answer to this question is

not unequivocal. Our communities were attacked from the first day of fighting

and our heavy bombing in Lebanon was meant to help protect them

(besides being intended to bring about a substantial change in regional

politics). But if the prohibition upon destroying the fruit trees of a city

under siege (see

our parasha, Devarim

20:19-20) points – at

least indirectly – towards the desire to limit the destruction that takes place

in times of war, it is clear that that goal was not present to the minds of our

decision-makers. The destruction caused to Lebanon, and in particular to Beirut (from which missiles were not

fired at Israel) was so great that its

necessity is difficult to explain.

Even if the destruction can be

justified by solid military-political arguments and we reach the conclusion

that there was no other way to defend the residents of northern Israel and to win the battle, it remains

difficult to come to terms with the outbreak of foul winds that have blown

throughout our land these past weeks. Various experts and spokesmen interpreted

the war in the newspapers and on the television screen with uncompromising

vigor and even with genuine verbal violence, lowering public discourse to the

lowest depths. From the childish newspaper headline "Smash Them" to

the "wise" advice to completely destroy entire villages and the claim

– disgusting by any measure of morality – that "There are no innocents in

southern Lebanon, only people who give cover to crime," we came to know

that some speakers would not only destroy fruit trees without compunction, they

are also willing to destroy conscience, language, and common sense.

In opposition to the screaming

blast of trumpets we must sound the clear and pure voice of our Grandfather

Jacob, of whose voice the Torah says the voice is the voice of Jacob but the

hands are the hands of Esau. When Jacob went forth to meet his brother Esau

– his greatest enemy – and feared that he would have to fight him, the Torah

tells us that he was both fearful and anxious (Bereishit 32:6), and as Rashi famously explains: "fearful

– lest he be killed; anxious – lest he kill the others."

We do not live in an imaginary

world of parables nor in a world of pleasant midrashim. We have no illusions about our enemies'

atrocious murderousness. Even so, we must repress our inclinations to vengeance

and to aggression for its own sake in order to preserve the Divine image within

us as individuals and as a society. It is particularly to times such as these

and to situations such as that in which we find ourselves that Ben Zoma spoke his words which are quoted in Pirkei Avot (4:1):

"Who is

forbearing than mighty to have self-control than to conquer a city" (Proverbs 16:32).

Dr. Ariel Rathaus

is a cultural researcher and translator

Choosing

Context-Dependent?

And

you say, "I will set a king over me…" (Devarim 17:14):

Rabbi Nehorai says: This verse speaks ill of Israel, as

it is said, for it is not you that they have rejected; it is Me they have rejected as their king (I Samuel 8:7).

Rabbi Yehudah said: But is it not a commandment of

the Torah that they request a king for themselves, as it says set a king

over yourself, one chosen by the Lord your God (Devarim 17:15)? And why were they punished in

Samuel's days? Because they brought him early by their own efforts like all

the peoples that surround us Rabbi Nehorai says:

They asked for a king only in order that he have them worship idols, for it is

said, that we may be like all the other nations: Let our king rule over us

and go out at our head and fight our battles (I Samuel 8:20).

 (Sifri Shoftim 156)

We left world politics by

duress, yet willingness is hidden inside it [i.e., the Jews abandoned politics

with a degree of hidden willingness] – until that happy time comes when it will

be possible to govern a state without evil and barbarity; that is the day we

look forward to. It is understood that in order to realize this we must awaken

with all our powers, to use all means the times may bring: all is directed by

the hand of God, creator of all worlds. The delay is necessary, as our souls

are disgusted by the terrible sins involved in ruling a state in evil times.

And behold, the time has arrived, [it is] very close, the world shall be

well-established and we shall be able to prepare ourselves, for we shall then

be ready to manage our state on foundations of goodness, wisdom, honesty and

the clear divine illumination.

(Rabbi A. I.

Kook, ztz"l, Orot,

pg. 14)

…and it seems because the

governing of the state varies, whether governed as a monarchy, or in accordance

with the opinion of the people and those chosen by them. There is a country

that cannot tolerate monarchy, and there is a country which, when lacking a

king, is like a ship without a captain. This matter cannot be decided by a

commandment, since a matter belonging to the governing of general society

involves life and death issues which take precedence over a positive

commandment…Therefore, it is not possible to absolutely command the

appointment of a king as long as the people do not agree to tolerate the yoke

of monarchy…

(The NeTziV, Ha-Amek Davar on Devarim 17:14)

…rather this is a positive

commandment relating to an optional matter, as if to say, "If you want to

do this – even though it is unworthy – do it only in this manner." It is

similar to the passage if you go out to war… and see a beautiful woman

among the captives; there is no commandment to desire her and have sex with

her, rather it is a permitted deed that derives from the evil inclination, and

the commandment is: take her into your home… Here too, there is no

commandment to ask for a king; on the contrary, it is thought of as

rebelliousness. However, if despite all of this they ask for it, the prophets,

elders, and judges of Israel are

commanded not to interfere; rather, they should place a king upon them.

(R. Yitzhak Shemuel Reggio Devarim 17:15)

…it may be stated that all the

textual sources of Judaism agree that one is never to see the governance of the

state as a fundamental value of the human reality of Torah observance. Rather,

it constitutes the satisfaction of a necessary need, which requires governance,

monarchy or authority. These involve a great risk, and one must always consider

whether its disadvantages might outweigh its advantages.

(Prof. Y. Leibowitz, Sheva Shanim shel Sihot

al Parashat Ha-Shavua,

pg. 847)

Human

and Tree

When

human to withdraw before you into the besieged city?

(Devarim 20:19)

Elijah the prophet comes to announce peace – also

the peace between the holiness in the material and the holiness which is in the

supernatural – and in the inner soul of the nation, a vital stream of nature

bursts forth, and it approaches the holy. We all come closer to nature, and

nature comes closer to us, succumbing to our noble demands which emanate from

the source of the holy. From the depths of nature grows a great demand for

sanctity and purity, for refinement of soul and purification of life.

(Rabbi Avraham Y.

Kook, zt"l, based on Moadei

Reaya)

Halacha

favors restraint. It favors reduction

over expansion, it is prepared to sacrifice a degree

of energy and courage in society for the sake of stability and peace, to

acquire tranquility of the soul and rest of the body in return for moderation

in the standard of living, especially in the economic and technological

spheres. It seeks to improve the quality of life, not only because of social

aims but – perhaps primarily – in order to shape the moral image of every

individual. At this point we reach equilibrium in man's soul, a spiritual

balance between man's demands and his obligations. Jewish ethics stand firm on a foundation of

self-control and restraint. Without this basis, all ecological efforts in the world will not avail.

At the foundation of every approach to ecological problems must be the diminishing

of desire, sensitivity to the needs of

others – both

those of society and of all God's creations.

(Rabbi Aharon

Lichtenstein, Hagut IV, Judaism in

Contemporary Society)

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