WHEN THOU GOEST FORTH TO BATTLE AGAINST THINE ENEMIES, AND SEEST HORSES, AND CHARIOTS etc. This is a new commandment which he now declared to them as they came into battles. The purport of the verse, For the Eternal your G-d is He that goeth with you, to fight for you against your enemies, to save you²⁹³ is to admonish them against becoming faint-hearted and that they should not fear their enemies. He states that they are not to rely in this matter on their own strength, thinking in their hearts: We are mighty men, and valiant men for the war,²⁹⁴ but instead they are to turn their hearts only to G-d and rely on His help, thinking that He delighteth not in the strength of the horse, and He taketh no pleasure in the legs of a man,²⁹⁵ for The Eternal taketh pleasure in them that fear Him, in those that wait for His mercy.²⁹⁶, Verse 11. He states to fight for you against your enemies²⁹³ meaning that He will make them fall before you by the sword. He states to save you²⁹³ meaning that they will be spared in battle and that not a man among them will be missing,²⁹⁷ for it would be possible that they vanquish their enemies and that many of them, too, would die, as is the way of battles. Therefore Joshua cried out²⁹⁸ when about thirty and six men²⁹⁹, Verse 5. fell in [the battle of] Ai, for in His commandatory war not one hair of their heads should have fallen to the ground,³⁰⁰ for the battle is the Eternal’s.³⁰¹, 17:47. Now the priest who serves G-d is to admonish [the warriors] to fear Him, and give them assurance [of His help]. The officers, however, speak in the customary way of the world, lest he die in the battle,³⁰² for in the normal course of events even some people of the group of the victors die. He commanded that these three categories [of people] return³⁰³ because one’s heart is on his [new] house, vineyard, and wife and he will [be the first to] flee.

footnotes: ²⁹³ Verse 4. ²⁹⁴ Jeremiah 48:14. ²⁹⁵ Psalms 147:10. ²⁹⁶ Ibid. ²⁹³ Verse 4. ²⁹³ Verse 4. ²⁹⁷ See Numbers 31:49. ²⁹⁸ Joshua 7:7. ²⁹⁹ Ibid. ³⁰⁰ I Samuel 14:45. ³⁰¹ Ibid. ³⁰² Verse 5. ³⁰³ Verses 5-7.

V’LO CHIL’LO’ — the fourth year [since the vineyard was planted] had not yet arrived. For the custom regarding a vineyard used to be that when the produce was ripe they would dance there and walk in it with chalilim (flutes). Now, Scripture commanded that all the fruits thereof [of the fourth year] shall be holy, for giving praise unto the Eternal,³⁰⁴ that they should praise the Glorious Name³⁰⁵ at that celebration. It is possible that the meaning of v’lo chil’lo is “that he has not made it chulin (secular),” this referring to the “redemption” [i.e., exchanging the fruits for money in case he cannot transport them to Jerusalem] which our Rabbis have mentioned,³⁰⁶ it being similar to the expressions: for Judah ‘chileil’ (hath profaned) the holiness of the Eternal³⁰⁷ [which means Israel has exchanged Him for other gods]; and he shall not ‘yechaleil’ (profane) his seed³⁰⁸ [which also means that he shall not exchange his holy seed by taking a woman forbidden to him].

footnotes: ³⁰⁴ Leviticus 19:24. ³⁰⁵ Further, 28:58. ³⁰⁶ Maaser Sheini 5:2. ³⁰⁷ Malachi 2:11. ³⁰⁸ Leviticus 21:15. — Here too, by not being able to bring the fruits to Jerusalem, he exchanges their holiness for the redemption money.

AND THE OFFICERS SHALL SPEAK FURTHER UNTO THE PEOPLE, AND THEY SHALL SAY: ‘WHAT MAN IS THERE THAT IS FEARFUL.’ According to the opinion of Rabbi Yosei the Galilean [who says, the fearful is someone who is afraid that he will fall in battle as punishment for his transgressions],³⁰⁹ after the priest had assured them that G-d would help them and that not one man of them will be lacking, it was fitting that the righteous put their trust in Him, [that He will help them not to be overthrown in battle]. Then, the officers warn those that are afraid [to go into battle] because of the transgressions they had committed. The Torah, therefore, gave everyone the opportunity of attributing his return home because of his house, his vineyard, or his wife, in order to serve as a pretext for others who are returning home because they are afraid of their transgressions. And the meaning of the expression lest he die in the battle [mentioned in each of the three categories]³⁰³ is that he will think so in his heart and he will flee [despite the fact that the priest had already assured them that no one would be lacking after the battle]. But in the opinion of the Rabbi Akiba [who says that fearful is he who cannot endure a pitched battle or bear to see a drawn sword,]³⁰⁹ the verse is to be understood in its simple meaning, that whoever is still afraid after the assurance of the priest, does not trust in G-d properly and the miracle [of being saved] will not be done for him [and therefore the Torah gave him the opportunity to return home].

footnotes: ³⁰⁹ Sotah 44a. ³⁰³ Verses 5-7. ³⁰⁹ Sotah 44a.

FAINT-HEARTED. The meaning thereof is that it is not in his nature to see the stroke of the sword, and slaughter,³¹⁰ for the fearful is he who does not trust, and Scripture commands him to return to his home because of his deficient trust. The faint-hearted is sent home because of the weakness of his nature, for he will flee or faint. Now the Rabbis have said in the Yerushalmi³¹¹ that “all who return home need to bring proof for their words,” that is to say, they are to bring proof concerning the [new] house, the vineyard, or the wife before the captain of the host who then gives him permission to return home. Similarly they also said according to the opinion of Rabbi Yosei the Galilean [who says the fearful is he that is afraid because of his transgressions] that he needs to bring proof concerning the transgression he committed, for otherwise most of the people would have been returning home under false pleas. But according to Rabbi Akiba, the faint-hearted cannot endure pitched battle or bear to see a drawn sword,³⁰⁹ [the Yerushalmi states] he need not bring proof, “for his witnesses are with him” [i.e., everybody sees that he is fearful and faint-hearted].

footnotes: ³¹⁰ Esther 9:5. ³¹¹ Yerushalmi Sotah VIII, 9. ³⁰⁹ Sotah 44a.

LEST HIS BRETHREN’S HEART MELT AS HIS HEART. The author of the Hilchoth Gedoloth³¹² considered this verse a negative commandment, meaning that [if he is fearful and faint-hearted] he should not avoid returning home, lest he melt his brethren’s heart like his own.³¹³ (melt) is to be understood as a transitive verb [‘lest he cause his brethren’s heart to melt’ “] — Ramban’s intent is to differ with Ibn Ezra who interpreted the word yimas as a passive [lest his brethren’s heart ‘be melted’] and the particle eth [yimas ‘eth’ l’vav echav] is redundant. Ramban’s opinion, as based upon the Hilchoth Gedoloth, is that yimas is a transitive verb and the particle eth is a necessary part of the verse. It is similar to the verse, and its flesh shall not be eaten³¹⁴ [which is counted among the negative commandments].³¹⁵

footnotes: ³¹² See Vol. II, p. 350, Note 70. ³¹³ In his Supplementary List of the negative commandments to Rambam’s Sefer Hamitzvoth, Ramban comments on the opinion of the Hilchoth Gedoloth: “In that case the word yimas ³¹⁴ Exodus 21:28. ³¹⁵ See “The Commandments,” Vol. II, pp. 185-186.

AND CAPTAINS OF HOSTS SHALL BE APPOINTED AT THE HEAD OF THE PEOPLE. He so commanded because the Torah enjoins in accordance with the way of the world while G-d does miracles for those who fear Him secretly. There is no desire before Him to change the natural order of the world, unless there is no other way for salvation, or in order to make His Name known to His adversaries³¹⁶ at certain times as at the splitting of the Red Sea and similar events.

footnotes: ³¹⁶ Isaiah 64:1.

WHEN THOU DRAWEST NEAR UNTO A CITY TO FIGHT AGAINST IT, THEN PROCLAIM PEACE UNTO IT. “Scripture is speaking of a permissible war [rather than a war required by the Torah, such as the invasion of the seven nations of Canaan], as it is expressly stated in this section, Thus shalt thou do unto all the cities which are very far off from thee.”³¹⁷ This is Rashi’s language. The Rabbi [Rashi] wrote this based on the Sifre where a similar text is taught:³¹⁸ 199. “Scripture is speaking of a battle waged of free choice.” But the intent of our Rabbis with reference to this verse [before us, was not to say that the requirement of proclaiming peace applies exclusively to permissible, but not to obligatory, wars; rather, their teaching in the Sifre] refers only to the later section wherein there is a differentiation between the two kinds of wars [i.e., in Verses 13-14 declaring that if the enemy insists on war, then only the men are to be killed, but the women and children are to be spared — that law applies only to a permissible but not to an obligatory war]. But the call for peace applies even to an obligatory war. It requires us to offer peace-terms even to the seven nations [of Canaan], for Moses proclaimed peace to Sihon, king of the Amorites,³¹⁹ and he would not have transgressed both the positive and negative commandments in this section: but thou shalt utterly destroy them,³²⁰ and *thou shalt save alive nothing that breatheth!*³²¹ Rather, the difference between them [i.e., obligatory and permissible wars] is when the enemy does not make peace and continues to make war. Then, in the case of the cities which are very far off,³²² Scripture commanded us to smite every male thereof³²³ and keep alive the women and male children,³²⁴ but in the cities of these peoples³²¹ [i.e., the seven nations of Canaan in the event they refuse the call to peace], it commanded us to destroy even the women and children. And so did our Rabbis say in the Midrash of Eileh Hadevarim Rabbah,³²⁵ and it is found also in Tanchuma³²⁶ 18. and in the Gemara Yerushalmi:³²⁷ “Rabbi Shmuel the son of Rabbi Nachmani said: Joshua the son of Nun fulfilled the laws of this section. What did Joshua do? Wherever he went to conquer, he would send a proclamation in which he wrote: ‘He who wishes to make peace let him come forward and make peace; he who wishes to leave, let him leave, and he who wishes to make war, let him make war.’ The Girgashite left. With the Gibeonites who made peace, Joshua made peace. The thirty-one kings³²⁸ who came to wage war — the Holy One, blessed be He, cast them down etc.” And so indeed Scripture states with reference to all cities [including those of the seven nations], There was not a city that made peace with the children of Israel, save the Hivites the inhabitants of Gibeon; they took all in battle. For it was of the Eternal to harden their hearts, to come against Israel in battle, that they might be utterly destroyed.³²⁹, 11:19-20. Obviously, if they had wanted to make peace, the Israelites would have made peace with them. It appears that regarding the terms of peace, there were differences [between what was offered the very far off cities and what was offered the seven nations], for, with reference to the distant cities, we ask that they make peace and become tributary to us and serve,³³⁰ but, regarding the cities of these peoples [the seven nations] we request of them peace, tribute and service, on the condition that they agree not to worship idols. Scripture does not mention it in this section, because concerning idolators, it has already given the prohibition, They shall not dwell in thy Land, lest they make thee sin against Me, for thou wilt serve their gods.³³¹ It is possible that we must inform them only of the peace offer, tribute and service; after they are subject to us, we tell them that we execute judgment upon idols and their worshippers, whether individuals or the community. Similarly, that which is stated here, That they teach you not to do after all their abominations,³³² and with reference to it the Rabbis said in the Sifre,³³³ 202. “But if they repent [of their idol-worship] they are not to be killed” — this refers to the seven nations. The “repentance” is that they accept upon themselves the seven commandments³³⁴ in which “the sons of Noah”³³⁵, Note 147. were commanded, but not that they must convert to become righteous proselytes. Now, in Tractate Sotah the Rabbis have said³³⁶ that “they [i.e., the Israelites upon coming into the Land] inscribed the Torah upon stones in seventy languages³³⁷, 32 a. and that, below, they wrote, That they teach you not to do.³³² However, [we deduce,] if the peoples were to repent, the Israelites would accept them.” Rashi explained this text as follows: “[This verse was written upon the stones below] to inform the nations that dwelled outside the border of the Land of Israel that they [i.e., the Israelites] were not commanded to destroy [populations] except for those [the seven nations] that dwell within the borders in order that they [the Canaanites] should not teach them their perverted practices. But as to those who dwell outside [the boundaries] we tell them, ‘If you repent, we accept you.’ Those who dwell within the Land we do not accept because their repentance was due to fear.” This is the language of the Rabbi [Rashi]. But it is not correct, for it was with reference to the cities of these peoples, that the Eternal thy G-d giveth thee for an inheritance³²¹ — it was of them that he said that they teach you not³³² thus indicating that if they do repent [thereby negating the fear that they may teach you] they are not to be slain. Similarly He said of them, They shall not dwell in thy Land, lest they make thee sin against Me, for thou wilt serve their gods,³³¹ which indicates that if they abandon their gods they are permitted to dwell there. This is the project of Solomon concerning which it is written, And this is the account of the levy which King Solomon raised; to build the House of the Eternal, and his own house, and Millo, and the wall of Jerusalem etc.³³⁸ All the people that were left of the Amorites, the Hittites, the Perizzites, the Hivites, and the Jebusites, who were not of the children of Israel; even their children that were left after them in the Land, whom the children of Israel were not able utterly to destroy, of them did Solomon raise a levy of bondservants, unto this day. But of the children of Israel did Solomon make no bondservants.³³⁹, Verses 20-22. This project he did in accordance with the Law, for they accepted the observance of the seven commandments³³⁴ upon themselves. Now it is clear that since Solomon was able to draft them as his laborers, he had power over them and he could have destroyed them, except that it was permissible to let them live, as we have written.

footnotes: ³¹⁷ Verse 15. Thus according to Rashi we were not required to offer peace before invading the land of Canaan. Ramban will differ with this opinion. ³¹⁸ Sifre, Shoftim ³¹⁹ Above, 2:26. ³²⁰ Verse 17. ³²¹ Verse 16. ³²² Verse 15. ³²³ Verse 13. ³²⁴ See Verse 14. ³²¹ Verse 16. ³²⁵ Devarim Rabbah 5:13. ³²⁶ Tanchuma, Shoftim ³²⁷ Yerushalmi Shevi’ith VI, 1. ³²⁸ Joshua 12:9-24. ³²⁹ Ibid. ³³⁰ Verse 11. ³³¹ Exodus 23:33. ³³² Verse 18. ³³³ Sifre, Shoftim ³³⁴ See Vol. I, p. 417, Note 148. ³³⁵ See ibid. ³³⁶ Sotah 38 b. ³³⁷ Ibid. ³³² Verse 18. ³²¹ Verse 16. ³³² Verse 18. ³³¹ Exodus 23:33. ³³⁸ I Kings 9:15. ³³⁹ Ibid. ³³⁴ See Vol. I, p. 417, Note 148.

TRIBUTARIES UNTO THEE, AND THEY SHALL SERVE THEE. “[Their surrender is not to be accepted] until they accept tribute and servitude upon themselves.” This is the language of Rabbeinu Shlomo [Rashi]. And in the Sifre the Rabbis have said:³⁴⁰ 200. “If they say ‘We accept tribute upon ourselves but not servitude’, or ‘servitude but not tribute,’ they are not to heed them until they accept both upon themselves.” Now the purport of the tribute was that the king of Israel or the Sanhedrin could impose a levy upon them, [drafting men] to build the king’s palace and his store-cities, also the House of G-d. The servitude was that any Israelite could take one of them to be the hewer of his wood and the drawer of his water and pay him proper wages. This is the sense of what is written in connection with Solomon a levy of bondservants,³⁴¹ meaning that they took upon themselves [both] tribute and servitude as is the law of the Torah. [However, the law of the Torah is] not as is written, And it came to pass, when Israel was waxen strong, that they put the Canaanites to tribute, but did not drive them out entirely,³⁴² for “servitude” is not mentioned there. Instead it was like a king who bribes a more powerful king not to wage war against him. Know that the matter of the Gibeonites³⁴³ came to pass because they did not know the law of Israel with respect to proclaiming peace, and therefore they put forward their plan, before Joshua’s proclamation arrived. Hence they said, and we were sore afraid for our lives.³⁴⁴, Verse 24. Or it may be that, at first they did not wish to hearken to Joshua’s offer [thus laying themselves open to invasion], and in the end they became frightened and disguised themselves as strangers, as it is written, And when the inhabitants of Gibeon heard what Joshua had done unto Jericho and to Ai, they also did work wilily.³⁴⁵, Verses 3-4. Their trickery helped them yet in that they did not become their servants, but their confederates. The Israelites were irritated at them and would have killed them had it not been for the oath of the princes³⁴⁶, Verse 19. because the Gibeonites should have taken upon themselves tribute and servitude, as we have said, while they [the princes] made a covenant with them to be equal and to be their confederates helping each other in their wars. They made peace with them [the Gibeonites] because they had thought that they were [from] very distant cities, from the peoples against whom they [the Israelites] had no intention of advancing. Therefore, Joshua cursed the Gibeonites, saying, Now therefore ye are cursed,³⁴⁷, Verse 23. meaning that they are of the accursed peoples whom the Eternal had cursed, and he did to them according to the law appropriate to be applied to them, to fulfill that which is written concerning them, tributaries unto thee, and they shall serve thee, that they be hewers of wood and drawers of water for the congregation, and for the altar of the Eternal,³⁴⁸, Verse 27. this being the tribute and the servitude, as we have explained. And some scholars³⁴⁹ say that the meaning of the verse, And it shall be, if it make thee answer of peace etc.³³⁰ is [that it applies only to an answer given] at the time of the proclamation [of peace]. But if at first they refused to make peace, we no longer accept them. The Gibeonites refused at first to hearken to Joshua’s proclamation and the law therefore did not require the Israelites to accept them. And Harav Rabbi Moshe [ben Maimon] wrote³⁵⁰ that “they were irritated at them because [they tricked the Israelites into] making a covenant with them, when it is said, Thou shalt make no covenant with them, nor with their gods.”³⁵¹ But this does not appear to be correct, for the Gibeonites had surely taken upon themselves not to worship idols, as they said, thy servants are come because of the name of the Eternal thy G-d.³⁵² Therefore, Joshua did not have to tell them afterwards that they must take upon themselves to worship G-d. And if so, it was permissible for the Israelites to make that covenant with them, just as they were permitted to dwell in the Land, for both, [the making of a covenant, and the dwelling in the Land] were prohibited only before repentance [from the sin of idolatry], as He said, lest they make thee sin against Me,³³¹ and so also He said, Thou shalt make no covenant with them, or with their gods.³⁵¹ But the explanation of the Gibeonite affair is as we have said.

footnotes: ³⁴⁰ Sifre, Shoftim ³⁴¹ I Kings 9:21. ³⁴² Judges 1:28. ³⁴³ Joshua 9:3-27. ³⁴⁴ Ibid. ³⁴⁵ Ibid. ³⁴⁶ Ibid. ³⁴⁷ Ibid. ³⁴⁸ Ibid. ³⁴⁹ This opinion is found in Tosafoth, Sotah 35b. ³³⁰ Verse 11. ³⁵⁰ Hilchoth Melachim 6:5. ³⁵¹ Exodus 23:32. ³⁵² Joshua 9:9. ³³¹ Exodus 23:33. ³⁵¹ Exodus 23:32.

THAT THEY TEACH YOU NOT TO DO AFTER ALL THEIR ABOMINATIONS, WHICH THEY HAVE DONE UNTO THEIR GODS. The purport thereof is that they will teach you to worship the Glorious Name³⁵³ with the burning of your sons and daughters and every abomination to the Eternal, which He hateth,³⁵⁴ and so ye sin against the Eternal your G-d³⁵⁵ Who has warned you against saying, How used these nations to serve their gods? even so will I do likewise.³⁵⁶ Now the Torah warned them, They shall not dwell in thy Land, lest they make thee sin against Me, for thou wilt serve their gods, for they will be a snare unto thee,³³¹ which is an admonition against idolatry, for if you make a covenant with them and their gods, they will dwell in your Land and many of them will entice you to worship the idols. He added here to explain that thou shalt save alive nothing that breatheth,³²¹ for even one of them that remains among you to serve you, will remind you of the worship of their gods and perhaps you will be persuaded to do so to the Glorious Name³⁵³ and you will sin against Him, blessed be He.

footnotes: ³⁵³ Further, 28:58. ³⁵⁴ Above, 12:31. ³⁵⁵ In Verse 18 before us. ³⁵⁶ Above, 12:30. ³³¹ Exodus 23:33. ³²¹ Verse 16. ³⁵³ Further, 28:58.

FOR IS THE TREE OF THE FIELD A MAN? Rabbi Abraham ibn Ezra has explained it well, that the purport of the verse is as follows: “for thou mayest eat of it, for the man is the tree of the field [i.e., man is dependent on the fruit-tree for food], and thou shalt not cut it down that it be used by you in the siege. And the meaning of the expression for the man is the tree of the field is like for he taketh a man to pledge”³⁵⁷ [which means, “when he takes away a man’s tools and means of earning a livelihood in security for a debt, it is as if the man’s very life is being taken from him,” and here too it means “for the tree of the field is man’s life” because his life depends on it]. But in the opinion of our Rabbis,³⁵⁸ it is permissible to cut down a fruit-tree to build a bulwark, and the statement of the Torah, Only trees which thou knowest that they are not trees for food etc.³⁵⁹ is to assign priority, meaning that a fruitless tree should be cut down prior to a fruit-tree. If so, the meaning of the section, in their opinion, is that the Torah warned, Thou shalt not destroy the trees to cut them down destructively, not for the purpose of the siege, as is the custom of armies [to cut down trees needlessly]. And the reason for it is that warriors destroy a city and its environs in the hope of conquering it, as it says, and ye shall fell every good tree, and stop all fountains of water.³⁶⁰ You are not to do so, to destroy it, for you are to trust in G-d that He will deliver it into your hand. For the man is the tree of the field, for you will eat of its fruit and live, and through it the city will be besieged by you, meaning to say, you will eat from it after conquering the city, and also when you are encamped, engaged in the siege, you should do likewise. And the meaning of the expression, them thou mayest destroy and cut down³⁵⁹ is that you are permitted to cut them down to build bulwarks and also to destroy them until it be subdued,³⁵⁹ for sometimes the destruction [of the trees] is for the purpose of capturing the city; for example, when the people of the city go out and fetch the wood thereof, or they hide there in the forest to fight against them, or when the trees are a refuge and a covert³⁶¹ to the city from stones of stumbling.³⁶², 8:14.

footnotes: ³⁵⁷ Further, 24:6. ³⁵⁸ Baba Kamma 91b. ³⁵⁹ Verse 20. ³⁶⁰ II Kings 3:19. ³⁵⁹ Verse 20. ³⁵⁹ Verse 20. ³⁶¹ Isaiah 4:6. ³⁶² See ibid.