Deuteronomy 20:12 - War when peace fails?

Deuteronomy 20:12 - דברים 20:12

Hebrew Text

וְאִם־לֹא תַשְׁלִים עִמָּךְ וְעָשְׂתָה עִמְּךָ מִלְחָמָה וְצַרְתָּ עָלֶיהָּ׃

English Translation

And if it will make no peace with thee, but will make war against thee, then thou shalt besiege it:

Transliteration

Ve-im lo tashlim imakh ve-as'ta imkha milkhama ve-tzarta aleyha

Hebrew Leining Text

וְאִם־לֹ֤א תַשְׁלִים֙ עִמָּ֔ךְ וְעָשְׂתָ֥ה עִמְּךָ֖ מִלְחָמָ֑ה וְצַרְתָּ֖ עָלֶֽיהָ׃

🎵 Listen to leining

Parasha Commentary

Context in Devarim (Deuteronomy)

The verse (Devarim 20:12) appears in the Torah's discussion of the laws of war, specifically regarding the conduct of Bnei Yisrael when approaching a city to engage in battle. The Torah mandates first offering terms of peace before besieging a city. This verse outlines the scenario where the city rejects peace and chooses war.

Rashi's Explanation

Rashi (Devarim 20:12) emphasizes that the Torah requires offering peace terms before engaging in warfare, even for cities outside the Land of Israel (as opposed to the seven Canaanite nations, where no peace terms were offered). He derives this from the phrase "וְאִם־לֹא תַשְׁלִים עִמָּךְ" ("if it will make no peace with thee"), which implies that peace must first be proposed.

Rambam's Halachic Perspective

In Hilchot Melachim (Laws of Kings 6:1), the Rambam codifies this law, stating that when approaching any city in war (except the seven Canaanite nations or Amalek), one must first offer peace under the condition that they accept the seven Noahide laws and pay tribute. Only if they refuse may war be waged. The Rambam stresses that this is a mitzvah (commandment) to offer peace first.

Midrashic Insight

The Midrash Tanchuma (Shoftim 15) teaches that this law reflects the Torah's overarching value of pursuing peace ("דְּרָשׁוּ הַשָּׁלוֹם"). Even in war, the Jewish people must demonstrate a commitment to peace by first extending an offer. This aligns with the principle that "great is peace, for even in war, peace is sought" (Vayikra Rabbah 9:9).

Practical Implications

  • Peace as Priority: War is only permissible after exhausting peaceful alternatives.
  • Conditions of Peace: The offer includes subjugation to Jewish sovereignty and acceptance of basic moral laws (Noahide laws).
  • Moral Restraint: The Torah limits warfare to necessary cases, avoiding wanton destruction.

📚 Talmud Citations

This verse is not quoted in the Talmud.

Frequently Asked Questions

Q: What does Deuteronomy 20:12 mean?
A: Deuteronomy 20:12 discusses the laws of war in the Torah. It states that if a city does not accept terms of peace and instead chooses to fight, then Israel is commanded to besiege it. This verse is part of a larger passage outlining the ethical conduct of warfare according to Jewish law (halacha). Rashi explains that this applies specifically to optional wars (milchemet reshut), not mandatory wars like those against Amalek.
Q: Why is Deuteronomy 20:12 important in Jewish tradition?
A: This verse is important because it establishes the Torah's guidelines for warfare, emphasizing the value of pursuing peace first. The Rambam (Hilchot Melachim 6:1) derives from here that we must always offer terms of peace before engaging in battle. This reflects the Jewish principle of seeking peaceful resolutions whenever possible, even in times of conflict.
Q: What can we learn from Deuteronomy 20:12 today?
A: We learn that peace should always be the first option, even when dealing with enemies. The Talmud (Sanhedrin 96a) discusses how this principle was applied historically. Today, this teaches us to exhaust all peaceful solutions before resorting to conflict, whether in personal disputes or national matters. The verse reminds us that war is only permitted when peace efforts fail.
Q: How does Deuteronomy 20:12 apply to modern Israel?
A: While modern warfare differs from biblical times, the principle of offering peace first remains relevant. Jewish authorities discuss how these laws apply to contemporary conflicts. The verse teaches that defensive wars are permitted when peace is rejected, but must be conducted ethically. This aligns with Israel's historical practice of extending peace offers before military actions.
Q: What does 'besiege it' mean in Deuteronomy 20:12?
A: The term 'besiege it' refers to surrounding a city to cut off supplies and force surrender. However, Jewish law places restrictions on sieges to minimize suffering. The Talmud (Eruvin 45a) and Rambam discuss ethical limitations, such as not completely surrounding a city on all sides to allow escape for those who wish to flee (based on Deuteronomy 20:10-12). This shows Judaism's concern for humane warfare.