Friday, August 29, 2025

Devarim 20:10 -15 – Are optional wars permitted in the Torah?

The Rambam (Mishnah Torah, Laws of kings, 5:1) writes that there are two types of wars in Jewish law, a war that fulfills a mitzvah, milchmet mitzvah, and an optional war, milchmet reshut. The Rambam gives three examples of a war that is a mitzvah to fight: To fight the seven nations who lived in the land of Canaan, to fight Amalek and to defend the Jewish people from enemies who attack the Jewish people. There is support for each of these examples from the Torah. For example, Devarim 7:1,2 refers to fighting the seven nations, Devarim 25:17-19 refers to fighting Amalek and Bemidbar 10:9 refers to fighting a nation that attacks the Jewish people. Note, the wars with Arad (Bemidbar 21:1-3), Og (Bemidbar 21:33-35) and the war with Midyan (Bemidbar 25:17,18; 31:1-8, see our discussion on Bemidbar 25:14-18, “The battle with Midyan: Kozbi”) also were wars to stop these nations from attacking the Jewish people. Also, Avraham’s war with the four kings to save Lot (Bereshit 14) would fall into this category of being a war that is a mitzvah. On the other hand, the war with Sihon (Bemidbar 21:21-31) was under the category of a war with the seven nations, the Amori, but since the war was fought outside the land of Israel, Moshe was able to offer Sihon peace, which he refused, see Nachshoni 1987, pp. 657, 659.

The Rambam then gives two examples of an optional war, to increase the boundaries of the nation and to add prestige to the king. These wars do not seem to have any source in the Torah.

The Mishnah (Sotah 8:7, Talmud Sotah 44b) takes it as a given that there is a concept of an optional war, and in the discussion about the types of war, the Talmud quotes Rava that for sure an optional war was the wars fought by David to expand the borders of his kingdom. (Shmuel Rubinstein, 1975, p. 374, in his notes on Rambam 5:1, explains that the wars by David was when he fought with Aram Tzova, which I think is the reference to the wars recorded in Shmuel II chapter 10. Could it also refer to the war mentioned in Shmuel II 7:3-5 or is this the same war as in chapter 10? Other optional wars by David could be his war with Moav, Shmuel II 7:2, and/ or his wars before he was a king, Shmuel I 27:8,9.)

One possible source in the Torah for an optional war is the laws of warfare recorded in 20:10-15, as Rashi (on 20:10) writes that the laws in these verses are applicable to optional wars. Yet, as noted by Luzzatto (on 20:11), the Torah does not give any explanation for the source of the war referred to in 20:10-15. Luzzatto suggests that the context of the war in 20:10-15 can be known from the beginning of chapter 20, 20:1, which refers to the people going to fight an enemy, and Luzzatto argues that an enemy is a nation that harmed the Jewish people either by trying to conquer the land of the people to take possessions of the people. Accordingly, Luzzatto argues that the war referred to in 20:10-15 was not an optional war, but one to defend the people, the third example of the Rambam’s example of obligatory wars.  One could add to his argument by noting that the last law in the section on wars, the law of the captive women, also begins with the phrase when you fight your enemy, 21:10. Thus, both the beginning and the ending of the section on war refer to fighting an enemy and not some peaceful nation, and then all the laws within the section, which includes 20:10-15, are also referring to fighting an enemy. Note Shimon and Levi’s massacre of the people of Shekhem (Bereshit 34) was a case where they were “fighting” a war with a peaceful “nation” since the people of Shekhem made a deal with the family of Yaakov and this can explain why Yaakov was so furious with them, see our discussion on Bereshit 34:25-35:5, “The brothers of Dina go amok.”

If there is no source for an optional war, then participating in such a war should be forbidden since a person is killing other people for money or prestige. This “right” to fight such a war was the common understanding until the 20th century, but should people be allowed to kill for material gain or glory? My guess is that this concept in Judaism either derives from the culture and mind set of ancient times or to defend the actions of King David, as occurs in his actions with Uriah and Bat Sheva (see Shabbat 56a), but has no basis in the Torah.

Bibliography

Nachshoni, Yehuda, 1987, Notes on the parashot of the Torah, Tel Aviv: Sifrati.

Rubinstein, Shmuel, 1975, Commentary on Rambam’s Mishnah Torah, Rambam La’am, Vol. 17, Jerusalem: Mossad Harav Kook.

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