Divine Ethics: Torah's Code of Conduct in Warfare

הרב שי טחןיח תמוז, תשפד24/07/2024

Today, wars must also adhere to moral standards known as the code of conduct, which was agreed upon at the Geneva Convention

תגיות:תפילהמלחמהחרבות ברזל

The narrative involving Bilaam, Zimri ben Saluh, and the subsequent command to Moshe to take vengeance on Midian in Parashat Pinchas raises several complex questions about the biblical perspective on the actions of various nations towards Israel.

When examining the actions of Moav in Parashat Balak, it is indeed understandable from a human perspective why Moav would be fearful and take defensive measures

against Israel. The Moabites had seen Israel's military successes and, fearing for their own survival, sought to protect themselves. Therefore, Hashem's anger towards the nations who fought against Israel, specifically Moav and Ammon, which the command states: “You shall never concern yourself with their welfare or benefit them as long as you live,” needs an explanation.

Moreover, another question arises: it goes to the extent that Hashem commands us not to ever marry any men from Moav and Ammon: "No Ammonite or Moabite shall be admitted into the congregation of Hashem; no descendants of such, even in the tenth generation, shall ever be admitted into the congregation of Hashem." One might wonder why, then, Hashem permits marrying Edom, who declared war against Israel, and also allows marrying from Egypt, who enslaved and tortured Israel for many generations.

Indeed Chazal (Bamidbar Raba 21, 4) already addressed this question and said: “Assail the Midianites and smite them” (Bamidbar 25:17).

“Assail the Midianites” – Why? “For they assailed you” – from here the Sages said: One who comes to kill you, kill him first. Rabbi Shimon says; from where is it derived that one who causes a person to sin is worse than one who kills him? It is because one who kills, kills in this world, but he has a share in the World to Come, but one who causes him to sin kills him in this world and in the World to Come. Two nations greeted Israel with the sword, and two with a transgression. The Egyptians and the Edomites greeted them with the sword – (the Egyptians said: “I will pursue, I will overtake…I will draw my sword”).

Regarding those who greeted them with the sword, it is written: “You shall not despise an Edomite…you shall not despise an Egyptian” (Devarim 23:8). However, regarding those who greeted them with transgression to cause Israel to sin: “An Amonite or a Moavite shall not enter…even the tenth generation…forever” (Devarim 23:4).

Today, wars must also adhere to moral standards known as the code of conduct, which was agreed upon at the Geneva Convention. Among them are the prohibitions of murder, mutilation, torture, the taking of hostages, unfair trials, and cruel, humiliating, and degrading treatment. It seems that the Torah was already sensitive to such rules way before the Geneva Convention, and this is the reason for the difference in the way Hashem directs us to treat nations based on their conduct in wars, specifically in relation to treating our people with immorality and inappropriate violations. When Hashem tells us to take vengeance on Midian, saying, "Assail the Midianites and defeat them," He explains it is because "they assailed you by the trickery they practiced against you." Rashi explains this to mean that they sent their girls to cause Israel to sin with them and also led them to worship the idol of Peor. In Hashem's eyes, this is a form of war that goes against the code of conduct.

This is also what happened with Moav and Ammon. The pasuk says that they did not offer you food and water on your journey after you left Egypt (Devarim 23, 5), but there is another pasuk (Devarim 2, 29) that clearly states that Moav did offer food and water. The mefarshim (See Or Hachayim) explain that Moav did not initially offer any food or drink, but when they wanted to cause the Jewish men to sin, they invited them to their tents to buy food, and that is when they lured them.

Also, Amalek was guilty of a similar crime, as the pasuk warns us: "Remember what Amalek did to you on your journey, after you left Egypt." Rashi explains that Amalek immorally violated the men of Israel, specifically the weak and defenseless. Again, we see that when nations use immorality as a conduct of war, Hashem does not forgive them and commands us to take full revenge on them and never accept them into our nation.

Now we clearly understand the different way the Torah tells us to treat the nations. Those who merely fought a war with us, even if it was brutal and deadly, are not to be rejected, including the Egyptians who enslaved us for so many years and killed our firstborns. But those who violate the rules of conduct, specifically regarding morality, are not forgiven.

Needless to say, today's enemies of the Jewish people are in violation of all the above and more. They are guilty to the extent that they are even proud of their abominations. Such people are the worst enemies of Hashem, who obviously hates them even more than He hates Amalek, as Amalek at least did not boast about their misconduct and violations against humanity the way the Arabs of Gaza do today.

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