WHEN, IN YOUR WAR AGAINST A CITY, YOU HAVE TO BESIEGE IT A LONG TIME
IN ORDER TO CAPTURE IT, YOU MUST NOT DESTROY ITS TREES, WIELDING THE AX AGAINST
THEM. YOU MAY EAT OF THEM, BUT YOU MUST NOT CUT THEM DOWN. ARE TREES OF THE
FIELD HUMAN TO WITHDRAW BEFORE YOU INTO THE BESIEGED CITY?

 (Devarim
20:19)

MAN AND THE TREE

Eliyahu 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
tranquillity 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)

THOUGHTS
ABOUT THE FULL REDEMPTION

Shaya
Rothberg

This week's parasha begins with the
commandment "You shall appoint magistrates and officials for your
tribes … and they shall govern the people with due justice … Justice,
justice shall you pursue, that you may thrive and occupy the land… ."
This means that the establishment of government which rules with
justice is a condition for inheriting the land. This condition is in effect not
only for the generation of the wilderness, but also for the future:

… that you may thrive and occupy the
land" – teaches us that the appointment of judges provides
justification for keeping Israel alive and settling them on their land …" (Sifri,
144).

Isaiah said it as follows: "Zion will
be redeemed through justice" (1:27) Upright
government is the key to the return to Zion.

The connection between justice and return
also finds expression in Maimonides's vision of the geula (redemption): "
… The Sanhedrin will be reestablished before the revelation of the messiah;
it will be one of its signs. It is written "I will restore your
magistrates as of old, and your counselors as of yore. After that you shall be
called City of Righteousness, Faithful City." This will undoubtedly
come to pass when God will prepare men's souls, and they will perform more and
more good deeds, and their yearning for God and His Torah will grow and their
integrity will increase…" (Commentary on
the Mishna, Sanhedrin 1:3, Isaiah 1:26) The establishment of the rule of
justice in the land is the atchalta d'geula – the commencement of the
redemption.

The continuation of the geula,
according to the Rambam's approach, as described in the Laws of Kings, seems
like the realization of the ideal political constitution of all mankind, as
depicted in The Guide for the Perplexed. (Rambam's
philosophy, of course, is subject to more than one interpretation. His ideas
are presented here simply and unequivocally, for the sake of economy.)
Towards the end of the Guide (III, 54), Rambam clarifies that the
perfect man not only contemplates the wonders of God, but also strives to
emulate God through perfect human behavior. Thus was conceived the perfect
leader. This leader will legislate a perfect constitution, based on the
principles of lovingkindness, charity and justice (chessed, tsedakah,
mishpat), and will strive to achieve two goals: a) provision of man's
physical and social needs, and b) guidance towards the knowledge of God (Guide, II, 40). This code is the ideal
political constitution.

Thus
far regarding mankind in general. Now Maimonides turns to Israel: Moshe, our
teacher, is the perfect man who strives to resemble God (I:54). Moshe (at God's instruction) legislates a perfect
constitution, based on the 13 Attributes (which parallel lovingkindness,
charity, and justice – see end of III, 54) and endeavors to achieve two goals: tikkun
[repair, reform] of the body (man's social and physical needs) and tikkun of
the soul (guidance to knowledge of God). Thus Moshe's Torah is the ideal
political constitution. Against this background we understand the continuation
of the geula as described in "The Laws of Kings."

Implementation
of the mitzvah of appointing judges by the renewal of the Sanhedrin
facilitates (along with the appearance of a prophet) the appointment of a king (Laws of Kings 1:3). The primary
responsibilities of the king and the Sanhedrin are the tikkun of the
Jewish political ingathering according to the Torah (Book of Mitzvoth, Positive Commandment 176, Laws of Kings
11:4). A king from the House of David who will succeed in this
assignment (which includes the gathering-in of the Diaspora, the erection of
the Temple, and the conduct of Israel's wars) will be none other than the Melech
Hamashiach – the Anointed King. Maimonides explains that the Melech
Hamashiach will lead not only Israel to state reform and to the knowledge
of God, but also the entire world (ibid., and
also 12:5). Thus the process of geula which began with the
realization of the mitzvah of appointing judges will be complete upon the
fulfillment of the ideal political constitution for all humanity, the
complete geula.

It
is surprising to note that in all the above there is no mention of the view that
the Torah commands conquest of Eretz Yisrael within specified boundaries
(appearing in parashat Massey) as an essential component in the process of geula
– a view known today as the ideology of Eretz Yisrael HaSheleima,
the Complete Eretz Yisrael. There have been attempts to ‘discover' the doctrine
of Eretz Yisrael HaSaheleima in the writing of Maimonides, but an
unbiased reading of the relevant texts reveals no hint of such a doctrine.

The
explanation of this situation is quite simple. The Eretz Yisrael HaSheleima
doctrine is an innovation of the Ramban – Nachmanides – who was born towards
the end of Maimonides's life. There is no
source predating Ramban unequivocally indicating a mitzvah to conquer Eretz
Yisrael within specified boundaries.

Of
course Maimonides was acquainted with the sources employed by Ramban to
buttress his doctrine. But the nature of a ‘chiddush' – an innovation –
is that its supporting sources alone do not substantiate the conclusion. A
degree of audacity on the innovator's part is also required. Study of Ramban's
proofs brought in his reservations [hasagot] to Maimonides's "Sefer
HaMitzvot" reveals that this great innovator was indeed endowed with the
necessary daring.

Ramban
quotes "And you shall take possession of the land and settle in it"
(Devarim 33:53) as proof for his
doctrine. Rashi, however explained differently: The passage refers to the
annihilation of the seven nations (consistent with the context). Ramban knew
well that his understanding of the passage constituted a chiddush, and
therefore he added "in my opinion
this is a mitzvah". Ramban cites other passages in support of his
position, such as "Go, take possession of the land …" (Devarim
1:8). It is, however, possible to understand that the intention of those
passages is that the time has arrived for the realization of the promise of the
land; there is no command here for all future generations. (See the classical
commentators on this passage and on Devarim 1:21 and 9:23). The fact is that
prior to Ramban no one understood the passages as a mitzvah to conquer.
Ramban knew that his readers were not used to seeing in these passages a mitzvah,
and therefore he emphasized: "Mitzvah, not a goal or
promise." Ramban also explained that God's rebuke of the people after
the sin of the spies was a consequence of their abolition of the positive
commandment to conquer the land; according to simple reading of the text, the
sin was one of slandering the land and of lack of trust in God (see
commentaries).

According
to Ramban's view, the mitzvah of conquering Eretz Yisrael within the
boundaries delineated in Massay is a "milchemet mitzvah" – an
obligatory war, as is written in Sota 44b: "Yehoshua's war of conquest
was, according to all authorities, obligatory" (Cf. Sifri, Shofetim 17:14) According to Maimonides, however, there
is no milchemet mitzvah to conquer Eretz Yisrael within these, or any
other, boundaries. There are only three kinds of milchemet mitzvah: against
the seven nations, against Amalek, the delivery of Israel from foreign
oppressors. (Maimonides's Commentary on the
Mishna, Sanhedrin 1:5, 2:4, Sotah 8:6, Laws of Kings 5:1, kibbush, – conquest
– is not at all mentioned in the Sefer HaMitzvoth). According to
Maimonides, the mitzvah in Yehoshua's wars was the destruction of the
seven nations (because of their idolatry). It can be reasonably assumed that Ramban
wrote in his reservations "and do not err and say that this mitzvah
[Yehoshua's war of conquest] was the mitzvah of annihilating the seven
nations…" because he knew that this was the accepted reading!

Ramban
brings further support from an additional passage in Devarim, which he
summarizes as follows: "The Torah said that when you will have conquered
Eretz Yisrael, you will then be permitted to conquer outside of Eretz Yisrael."
In other words, one may not conquer territory outside of Eretz Yisrael as long
as all Eretz Yisrael is not yet under Israel's domination.

But
Maimonides understood the Sifri differently. Jewish law declares that territories
outside Eretz Yisrael which were conquered by a king on the decree of the Bet
Din are subject to the law of Eretz Yisrael. Maimonides learns from the above
Sifri that Eretz Yisrael law is imposed upon such territories only after all of
Eretz Yisrael – as delineated in the Torah – has already been occupied (Laws of Kings 5:6, and Kessef Mishneh). The
justification for Maimonides's reasoning is to be found in the words of Sifri
which the Ramban omitted in his reservations: "… so that Eretz
Yisrael not be defiled by the abominations while you go back and conquer land
outside of Eretz Yisrael … but when Eretz Yisrael has been conquered, you
will be permitted to conquer outside of Eretz Yisrael." This is to
say that it is unthinkable that the Jewish people should engage in conquest of
foreign lands instead of uprooting idolatry in Eretz Yisrael. And thus writes
Maimonides explicitly: "[Lands conquered by David are not covered by the
laws of Eretz Yisrael] because he conquered them before he conquered all of
Eretz Yisrael. Remnants of the seven nations were still to be found" (Laws of Terumot 1:3). Note carefully: the
rationale for the commandment to destroy the seven nations is the eradication
of idolatry (Sefer HaMitzvot, Positive mitzvah
187).

At
the end of his reservations, Ramban argues that Chazal's praises of dwelling in
Eretz Yisrael derive from the mitzva of conquest of all of Eretz Yisrael. But
Maimonides, ruling that it is forbidden to emigrate from Eretz Yisrael, quotes
from the very same praises of dwelling in Eretz Yisrael (Laws of Kings 5:9-12), despite the fact that he does not
espouse a doctrine of Eretz Yisrael HaSheleima . To sum up: Where the Ramban
finds a mitzvah to conquer, Maimonides detects other mitzvoth.

Of
course, a great and prominent sage such as Ramban may explicate and innovate as
he sees fit. But a chiddush remains a chiddush. For Maimonides
the boundaries of the Kingdom of Israel are not a goal in themselves, but only
a means which serve the process of geula which begins with the mitzvah
to appoint judges and ends with the redemption of Israel and the entire world.
In his view, the state of Israel's Torah worth is not measured by boundaries.

Despite
the relatively late birth of the concept of Eretz Yisrael HaSheleima, many have
adopted it today, and even consider it a mitzvah for which many other mitzvot
must make way; they identify this approach as a stage in the complete geula
– an identification which arouses amazement.

Would
that we merit the fulfillment of the promise: "I will restore your
magistrates as of old, and your counselors as of yore. After
that you shall be called City of Righteousness, Faithful City."
May this be His will.

Shaya Rothberg is a member of the Oz V'Shalom – Netivot Shalom
directorate.

Between Justice and Victory

"When you go out to wage war …"
– this is to teach us,
that if you have practiced true justice, be assured that when you go to war,
you will win. And so said David (Psalms
119:121) "I have done
what is just and right; do not abandon me to those who would wrong me."

(Rashi, Devarim 20:1)

"You Shall Not Let A Soul Remain Alive.
No, You Must Proscribe Them … Lest They Lead You …" The Ethics of War, Then and Now

It is a mitzvat asey – a positive commandment – to proscribe the
seven nations, as is written "proscribe, yes, proscribe them" and
if one has the opportunity to kill one of them and does not do so, he has
transgressed a negative precept, for it is written "You shall not let a
soul remain alive." But [today] none of them remains.

(Rambam, Laws of Kings, 5:4)

"Lest they
lead you …" – from this you learn that if they were to repent,
they would be accepted" (Sotah 35b). Destruction
was obligatory only if their idolatrous corruption presented an inciting
example; it was not a duty if they agreed to return to the duty of humanity's
ethics.

 (Rabbi Shimshon R. Hirsch, Devarim 20:18)

 "When you approach a town to
attack it, you shall offer it terms of peace" – Scripture speaks
in general terms – "When you approach a town" – certainly this
refers to every town and to every war. Be it an arbitrary war (milchemet
reshut), be it an obligatory war (milchemet chova), you must first
talk peace – with the exception of Ammon and Moav, for the Torah specified: "You
shall never concern yourself with their welfare or benefit as long as you live."
Even though you do not present them with terms of peace, if they, on their own
volition, wish to make peace, we accept them. This illustrates how great is the
power of peace.

 (Rabeinu Behayey, Devarim 20:10)

Leadership's
Indirect Responsibility

"Our hands did
not spill this blood, and our eyes did not see" – did we ever imagine
that the Bet Din sheds blood!? [Of course not!. The meaning is that] we did not
send him away without food, we did not see him and let him go unaccompanied.

(Sotah 46b)

The Sages of Eretz
Yisrael explain the passage "Our hands did not spill this blood" as
referring to the killer; the Sages of Bavel explain that it refers to
the victim.

The Sages of Eretz
Yisrael: That he was in our hands and we let him go and did not kill him, that
we did not see him and let him go and conceal his sentence.

The Sages of Bavel: We
did not send him on his way without company; we did not see him and leave him
without support.

 (Yerushalmi, Sotah 9:6)

"Our hands
did not spill this blood" – We were not the cause of this murder,
not by refusing food to the murderer – thereby forcing him to kill the victim,
to plunder his bread because he was hungry – nor by not providing company for
the victim, so that he need not travel alone in a dangerous place.                    

 (Malbim, Devarim 1:7)

"Whom You
redeemed" – On this condition did You redeem us, that we have not
murderers among us (Sifri, Shofetim, 200).

Our Sages explained
that that this teaches us that upon this condition did He redeem us, that there
not be found – in any generation – murderers; and now that murderers have been
found, it is revealed a priori that those who exited Egypt were not
deserving of redemption, and all the miracles performed on their behalf
were unnecessary.

                                                             (Malbim,
ibid., ibid.)

The Torah was given
only in order to sanctify his great name, as is written, "And
He said, You are my servant, Israel etc." (Isaiah
49:3) – from this they derived that one should distance himself from
theft, from both Jew and gentile, from anyone in the marketplace; for one
who steals from a gentile will eventually steal from a Jew, and one who robs a
gentile will eventually rob a Jew, whoever swears [falsely] to a gentile will
eventually swear [falsely]to a Jew, and who ever [falsely] denies to a gentile
will eventually deny to a Jew, whoever sheds the blood of a gentile will
eventually shed the blood of a Jew. But the Torah was not given for this
purpose, but in order to sanctify His great name "I will set a sign
among them, and send from them survivors to the nations, etc." (Isaiah 66:19). What is written at the end? "They
shall declare My glory among these nations."

(Tanna D'vey Eliyahu Rabba, 26)

Editorial Board: Pinchas Leiser (Editor), Miriam Fine (Coordinator),
Itzhak Frankenthal and Dr. Menachem Klein

Translation: Kadish Goldberg

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