The Book of Wars

Parashat Shoftim (Deut. 16:18–21:9) resonates with Moses’ admonition to Israel that they appoint leaders who will “...judge the people according to judgment and justice.” These officials must have a clear-eyed assessment of their task, viewing the accused without consideration of social or economic status.

That responsibility falls to the nation’s king, judges, priests, and prophets. In Hebrew, the first letters of their titles—Melekh, Shoftim, Kohanim, and Nevi’im—spell out Mishkan—the Tabernacle.

Torah law is anchored in the holiness of the Sanctuary.

It does not separate justice from belief in HaShem and His Torah. It infuses justice with sanctity. The duties, and even the pitfalls, of these offices are outlined in this Torah portion.

Moses tells Israel, “Justice, justice shall you pursue, so that you may live and possess the land which your God is giving you.” Rav Samson Raphael Hirsch, commenting on Shoftim, teaches that the nation must promulgate the Torah ideal of justice. He further states that this is a “monumental truth”: “the Jewish State must take possession of the Land, ever anew, through the full realization of Justice.”

This doesn’t ignore the ugly reality of geopolitical players who hate the God of Israel.

The Talmud refers to Torah as a “book of wars” (Moed Katan 25b), using the expression from Numbers 21:14, “the Book of the Wars of the Lord.” Thus, it is appropriate that this same parashah concludes with instructions concerning the wars Israel must fight.

There are two kinds of wars: milchemet mitzvah and milchemet reshut. The former is an obligatory war, while the latter is a discretionary war. Deuteronomy 20:1–9 lists exemptions for those going to war. And, those exemptions apply to a milchemet reshut. Deuteronomy specifically exempts a man who has built a house but not dedicated it, planted a vineyard but not enjoyed its fruit, or become betrothed but not yet married.

Interestingly, the Torah grants exemption from military service to the fearful soldier. It is compassionate and practical; a frightened soldier’s panic will spread to his comrades. Better to let him honorably stay home rather than have his terror unravel the ranks.

Israel's modern warriors, the IDF, is known for placing great emphasis on minimizing civilian harm. The same concern for restraint can be seen in Torah laws for Israel’s military. Few, if any armies, in antiquity were governed by principles such as the prohibition against cutting down fruit trees during a siege, while allowing non-fruit-bearing trees to be felled when necessary for siege works.

There is also a requirement in this parashah, found in Deuteronomy 20:10–11, that commands Israel to offer peace terms before attacking a city. If the city accepts, the inhabitants become subject to Israel.

According to the traditional understanding, they were also required to accept the Sheva Mitzvot B’nei Noach—the Seven Noahide Laws. When Joshua crossed the Jordan River, those living in Eretz Israel could have avoided war by accepting the Noahide Laws.

There have been wars since the beginning of society. According to Chazal, Nimrod was the first king after the Flood. He wasn’t a benevolent ruler. Not surprising since his name comes from merod, the original root that gave us the word “marauder”.

Historically, his conquests included most the Fertile Crescent and Egypt.

However, the first time anyone is actually described in the Torah text as going to war it is the peace-loving patriarch Avraham who took up arms when his nephew Lot was taken hostage during the Battle of the Four Kings. They stormed down from the north to extract the annual tribute the five kings in Canaan had refused to pay.

“Now, when King Amraphel of Shinar, King Arioch of Ellasar, King Chedorlaomer of Elam, and King Tidal of Goiim made war on King Bera of Sodom, King Birsha of Gomorrah, King Shinab of Admah, King Shemeber of Zeboiim, and the king of Bela, which is Zoar.” —Genesis 14:1

The four monarchs came to represent the great imperial powers that would trouble Israel through the ages: Babylon, Persia, Greece, and Rome.

The angels of those nations are seen ascending and descending the ladder-like sulom, in Jacob’s dream while he slept on Mount Moriah. These Four Kingdoms also appear prominently in the prophecies of Daniel. The Ramban, commenting on Genesis 14:1 states that the forces brought by the Four Kings against Avraham foreshadow the nations that will eventually attack Israel in the war of Gog and Magog in Ezekiel, chapter 38.

Iran backs Hamas and Hezbollah, and the larger geopolitical alignment bears a provocative resemblance to the ancient Battle of the Four Kings. And, like Avraham’s heroic contest against the Four Kings, this current war also began with the taking of hostages.