Walter Jacob

Maimonides(1135-1204) used these discussions as the basis for his chapters on warfare in his Mishneh Torah(“Kings and War” ­Hillkhot Melakhim 5:1 ff). It is the only discussion of war in the halakhic literature till recent Israeli efforts. It mixes theoretical and very practical considerations. The other halakhic codifications such as the Tur and Shulhan Arukh did not include warfare along with all discussion of the ancient Temple worship as they were purely theoretical and these codifiers concentrated on the practical. As Maimonides is the primary source for all later writers, I will summarize the contents of these brief chapters.

Maimonides removed the problems facing a milhemet mitzvah or milhemet hovah by declaring that the king could declare it and expanding his interpretation of a“commanded war” to include both expansive efforts and those which are purely defensive. Later commentaries continue this discussion, agreeing or disagreeing ­which echoes debates about the problems of contemporary Israel . Maimonides

discussed limitations placed upon the ruler in his conduct of war(Kings and Wars 5:1-6). He could initiate such a war if it was a“commanded war”(milhemet mitzvah) without the permission of a court and force his people to support it, expropriate property, build roads, etc. This was not the case with an optional war for which he needed the support of the Sanhedrin. A religious war (milhemet hovah) involved the destruction of the seven nations who opposed Israel ’s conquest(Deut 20:17) as well as their complete destruction; this included Amalek (Deut 25:19).

The next chapter(Kings and War 6) stated that a king could engage in an optional war only after making a peace offer to his opponent. If the terms were accepted and the people followed the seven Noahide commandments, paid tribute and accepted other conditions- some quite harsh, they would not be slain. These conditions did not apply to the conquest of the land of Israel , nor to Moab and Ammon.

When a city was besieged, the opportunity for flight had to be left(Nu 31.7) by surrounding it on only three of its four sides. The biblical injunction against cutting down fruit trees was to be observed and the water source also should not be damaged. All unnecessary