כי ה' אלוקיך עמך, “for the Lord your G-d is with you.” The Torah refers to the Holy Ark, and the trumpets, both of which are instruments representing the presence of the Lord among the Jewish people which will give them courage when fighting a war.

והיה כקרבכם אל המלחמה, “and it will be when you will be close to the battle, etc.” once the soldiers have approached the borders of the enemy, before actually engaging him in battle, Moses informs them of all the conditions which must be observed during active warfare. They are, of course, reserved for the men actually engaged in the fighting. This is clear from the wording in verse three, where only those men are being addressed. [Seeing that the Torah speaks not of a defensive war, but of a war designed to enlarge the borders of Israel, with the approval of G-d of course. Ed.]

ונגש הכהן ודבר אל העם, “the priest shall approach and address the people. The soldiers are being addressed separately by the priest, representing the spiritual voice of the people, and the mundane authorities, officers, charged with ensuring success in battle, According to the Talmud, what is written from the words: ונגש in verse three, until verse five, when the secular authorities the commander continues. [There are different opinions about these sequences. Seeing that we cannot prove which is correct, it does not pay to go into further details. Ed.]

אל תיראו, “do not be afraid;” these words address the heart.

ואל תחפזו, “and do not be alarmed,” resulting in fleeing;.

”ואל תערצו, “and do not display fear, [even if you feel it. Ed.]

אשר בנה, “who has built;” the Torah here teaches the correct order in which young men are to approach the subject of matrimony; first they have to make a commitment to the woman they have chosen; then they have to provide for their bride a place to live in; then they have to establish a sound economic base, such as planting a vineyard. Having done so, they may proceed to complete the wedding ceremonies. The reason why such people are excused from fighting in an expansionary war, is that their worries about if they will be able to complete their plans for the future will distract them from performing their military duties to the best of their abilities. They will worry that in spite of promises from G-d they may be or have been guilty of sins which will be used by G-d to withdraw His protection from them when they are facing danger.

ילך וישוב לביתו פן ימות, “he would not be much use in battle if he is too preoccupied with his personal concerns.” [As to the fainthearted soldiers, they are excused so that their low morale does not infect and undermine the confidence of their comrades in arms. Therefore they are best sent home.]

יחנכנו, “will dedicate it.” The letter ח in this word has the semi vowel sh’va under it.

ולא חללו, “and has not been able to enjoy the fruit of it.” The word describes dancing of a kind. It was customary at the end of the fourth year after planting a vineyard for the owner to give a party seeing that up to then the fruit of that vineyard was not at his free disposal. (Compare Judges 21,21, about the daughters of Shiloh.)

מי האיש הירא, “who is the man who is afraid?” The first part of this verse speaks about people whose fear is based on becoming the victim of painful injuries, or worse.

The second part of the verse describing “fear,” speaks of someone who is uncomfortable about having to inflict pain, injury or worse, on opponents that have never done him any harm or even threatened to do so. Such a person is described by the Torah as רך הלבב , “faint hearted.” (Ibn Ezra)

ילך וישוב לביתו, “let him go and return to his house.” He is not released from every duty, but is assigned to support the troops in the frontline by keeping the lengthening lines of supply open. This is as opposed to the previous three categories of mobilized men, who are released from any participation.

Any war which involves defending the land of Israel against an invasion by Gentiles is to be resisted without any reservations such as listed above. In fact, according to the Talmud in tractate Sotah folio 44, even a bridegroom just after the vows have been completed must join his unit to defend the country and its people.

ופקדו, “and they shall appoint, etc.” This takes place after all those that have been allowed to return home have done so. The use of the root פקד to describe making appointments is first found in the advice Joseph gave to Pharaoh in Genesis 41,34.

למס ועבדוך, “shall become liable to be taxed by you and become subservient.” Rashi explained that it is sufficient that they make an oral declaration to do so. Seeing that some of their cities may be a long distance away from you, it is unlikely that they will teach you and your children their pagan culture; this is why the rule that you must not allow a soul to survive in the lands captured by Joshua does not need to be applied in such situations as described here. Conversion to Judaism by any of the members of the seven Canaanite nations whose territory would form the first Jewish state is out of the question.

לא תחיה כל נשמה, “you must not allow to remain for anyone to be alive;” if you were to ignore this commandment, the survivors would stir up trouble internationally, even, over having been deprived of their ancestral land. The validity of this commandment is limited to the generation Moses is addressing, i.e. the period during which the Israelites will be engaged in fighting the Canaanites in order to settle in the land promised by G-d to their patriarchs, Avraham, Yitzchok, and Yaakov. If members of these tribes had emigrated voluntarily, and at some future date return individually, and even wish to convert to Judaism this is acceptable. According to this interpretation, the Israelites under Joshua did not sin when they accepted the conversion of the Givonim, even though these had misrepresented themselves.

כי החרם תחרימם, “but you shall utterly destroy them.” You might think that also their belongings would be out of bounds to you, (as the booty from Jericho); in order to assure you that this is not so, the Torah wrote in Deut. 6,11, that you will capture (and keep) their houses and contents intact.

כי תצור אל עיר ימים רבים , “when you lay siege to a city for a long time;” from this we learn that one does not lay siege to a city for less than three days before the Sabbath. If the city had been encircled and the Sabbath occurs before the city surrenders, this is not a reason to cease military activity on the Sabbath. This rule is one of three that the sage Shammai, (contemporary of Hillel) had stated. The three are: one does not engage in an ocean voyage less than three days before the Sabbath. This rule applies when the destination is further way than a three day voyage. If it closer, under normal circumstances, it may be undertaken closer to the Sabbath. (Sifri) These restrictions apply to those who travel for voluntary matters but not to those whose travel is for a matter of mitzva; the latter can leave on any day. All the rules concerning how to conduct a siege are valid only during expansionary wars. [Defensive wars when the land of Israel has been attacked, are not subject to any of these restrictions. Such defensive action may be commenced on any day of the week. Ed.]

לא תשחית את עצה, “You must not destroy its (fruitbearing) trees;” this applies to trees near the town under siege.

כי ממנו תאכל, “for you will be able to eat their fruit once you have conquered the town.”

כי האדם עץ השדה, according to Rashi, the word כי here means :”perhaps” and is used as a question, i.e. “did you think perhaps that rules that apply to human beings are the same as those applying to fruitbearing trees?” Why should the tree which is giving man of its fruit suffer and endure the hardships of the population of the town you have laid siege to? Seeing that these trees are not guilty of anything why would you destroy them?

כי לא עץ מאכל הוא, “for it is not a tree providing food; the Torah suggests that once a fruitbearing tree has reached a stage when it no longer bears fruit, it may be treated as if it had never born fruit. Another interpretation: you must not cut down any fruitbearing tree on the field; the exception are those trees that serve as cover for your enemies and help them escape you and continue in their fight against you. If such trees make it impossible for you to reach the walls of the city which you are besieging, you may remove such an obstacle by cutting it down even if it still does bear fruit.

רק עץ אשר תדע כי לא עץ מאכל הוא וגו, “only a category of tree of which you know that it does not bear edible fruit, you may destroy even it is far from the walls of the city which you are besieging. ”Why did this line have to be written here? If it is permissible to cut down a fruit-bearing tree under certain conditions, is it is not simple logic that you may cut down non fruit bearing trees? The answer is something that we have come across repeatedly. Punishment for a sin committed may never be imposed based only on logic. Unless the Torah has specifically spelled out such punishment, it is not for us human beings to determine appropriate penalties for violating laws made by the Creator.

An alternate interpretation: The text has to be understood literally, “It you must not cut down.” If you wish to understand the rationale: for man is similar to the tree of the field; for just as the people who lay siege to a city and the living beings inside are compared here to the tree of the field. In order to illustrate this better, let us compare it to Deuteronomy 24,6, כי נפש הוא חובל, “for this would be equivalent to taking that person’s life;” where the Torah compares vital household utensils taken by a creditor to secure his loan as the creditor taking the debtor’s life. The human being owing the money can continue to exist only as long as he is not deprived of these vital utensils. The fruit-bearing trees around a city are similarly a basic utensil ensuring the inhabitants’ economic survival. Since the object of the siege is not to kill all its inhabitants,but to make them subservient to you, depriving them of their fruit bearing trees would be neither in your interest and certainly not in their interest.