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Deuteronomy 20:14 - War spoils: permitted or problematic?

Deuteronomy 20:14 - דברים 20:14

Hebrew Text

רַק הַנָּשִׁים וְהַטַּף וְהַבְּהֵמָה וְכֹל אֲשֶׁר יִהְיֶה בָעִיר כָּל־שְׁלָלָהּ תָּבֹז לָךְ וְאָכַלְתָּ אֶת־שְׁלַל אֹיְבֶיךָ אֲשֶׁר נָתַן יְהוָה אֱלֹהֶיךָ לָךְ׃

English Translation

but the women, and the little ones, and the cattle, and all that is in the city, all the spoil of it, shalt thou take to thyself; and thou shalt eat the spoil of thy enemies, which the Lord thy God has given thee.

Transliteration

Rak hanashim vehataf vehabehema vechol asher yihyeh ba'ir kol-shlalah tavoz lakh ve'achalta et-shalal oyvecha asher natan Adonai Eloheicha lakh.

Hebrew Leining Text

רַ֣ק הַ֠נָּשִׁ֠ים וְהַטַּ֨ף וְהַבְּהֵמָ֜ה וְכֹל֩ אֲשֶׁ֨ר יִהְיֶ֥ה בָעִ֛יר כׇּל־שְׁלָלָ֖הּ תָּבֹ֣ז לָ֑ךְ וְאָֽכַלְתָּ֙ אֶת־שְׁלַ֣ל אֹיְבֶ֔יךָ אֲשֶׁ֥ר נָתַ֛ן יְהֹוָ֥ה אֱלֹהֶ֖יךָ לָֽךְ׃
רַ֣ק הַ֠נָּשִׁ֠ים וְהַטַּ֨ף וְהַבְּהֵמָ֜ה וְכֹל֩ אֲשֶׁ֨ר יִהְיֶ֥ה בָעִ֛יר כׇּל־שְׁלָלָ֖הּ תָּבֹ֣ז לָ֑ךְ וְאָֽכַלְתָּ֙ אֶת־שְׁלַ֣ל אֹיְבֶ֔יךָ אֲשֶׁ֥ר נָתַ֛ן יְהֹוָ֥ה אֱלֹהֶ֖יךָ לָֽךְ׃

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Parasha Commentary

Context of the Verse

The verse (Devarim 20:14) appears in the context of the Torah's laws regarding warfare, specifically addressing the treatment of a non-Canaanite city that refuses to make peace with Israel. Unlike the strict cherem (total destruction) commanded for the seven Canaanite nations, this verse permits taking spoils—including women, children, and livestock—from other enemy cities.

Rashi's Explanation

Rashi (Devarim 20:14) clarifies that this leniency applies only to cities outside Eretz Yisrael, as the Canaanite nations were subject to a divine decree of annihilation due to their extreme moral corruption (based on Devarim 20:16-18). He emphasizes that the permissibility to take spoils is a concession for wars of necessity (milchemet reshut), not an endorsement of cruelty.

Rambam's Legal Perspective

In Mishneh Torah (Hilchot Melachim 6:1-4), the Rambam codifies this law, stating that non-Canaanite cities must first be offered terms of peace before engaging in battle. If they refuse, only then may the spoils be taken. He stresses that this is contingent on following the ethical guidelines of Jewish warfare, including prohibitions against wanton destruction (based on Devarim 20:19-20).

Moral and Ethical Considerations

  • Treatment of Captives: The Talmud (Kiddushin 21b) discusses the laws of yefat to'ar (a beautiful captive), demonstrating that even in war, the Torah imposes moral restraints, requiring time for reflection and humane treatment.
  • Purpose of Spoils: The Midrash (Tanchuma Shoftim 15) teaches that spoils are permitted only as a means of sustaining the Jewish people in their mission, not for greed or exploitation.

Ibn Ezra's Insight

Ibn Ezra (Devarim 20:14) notes that the phrase "which the Lord your God has given you" underscores that victory and spoils are ultimately divine gifts, not the result of human strength. This frames the entire passage as a lesson in humility and reliance on Hashem.

Contemporary Application

While this law pertains to ancient warfare, Orthodox Jewish thought (e.g., Rav Soloveitchik) often derives broader principles, such as the ethical limits of conflict and the importance of distinguishing between obligatory wars (milchemet mitzvah) and discretionary ones. The verse reminds us that even in war, Jewish conduct must reflect divine sanctity.

📚 Talmud Citations

This verse is quoted in the Talmud.

📖 Chullin 17a
The verse is referenced in a discussion about the permissibility of eating the spoils of war, particularly focusing on the ethical and halachic implications of taking spoils from enemies as permitted by the Torah.

Frequently Asked Questions

Q: What does Deuteronomy 20:14 mean?
A: Deuteronomy 20:14 discusses the laws of war in the Torah. It states that when conquering a city outside the land of Israel, certain spoils—such as women, children, animals, and other property—may be taken, unlike cities within the land of Israel, which have stricter rules (Rambam, Hilchot Melachim 6:1). This verse emphasizes that victory and spoils come from Hashem.
Q: Why does the Torah allow taking spoils of war?
A: The Torah permits taking spoils from enemy cities outside Israel as a means of sustaining the Jewish people during wartime, recognizing that war is costly. However, this is strictly regulated—only non-idolatrous cities (as per Rashi on Deuteronomy 20:15) and with proper ethical conduct (Talmud Sotah 44b). The spoils are seen as a gift from Hashem to support His people.
Q: Does this verse apply today?
A: Since the laws of obligatory war (milchemet mitzvah) and permitted war (milchemet reshut) are tied to the Sanhedrin and Jewish sovereignty (Rambam, Hilchot Melachim 5:1), these specific war laws are not practically applied today. However, the ethical principles—such as recognizing that victory comes from Hashem and avoiding unnecessary cruelty—remain timeless lessons.
Q: Why are women and children mentioned separately in this verse?
A: The Torah specifies women and children to clarify that they are not to be harmed indiscriminately. While they may be taken as captives, Jewish law requires treating them with basic human dignity (Rambam, Hilchot Melachim 8:2). This contrasts with the harsher laws for cities within Israel that practiced idolatry (Deuteronomy 20:16-18).
Q: What lesson can we learn from this verse?
A: This verse teaches that even in war, the Torah sets ethical boundaries. Spoils are permitted only under strict conditions, emphasizing that material gains must be seen as coming from Hashem (Devarim Rabbah 5:13). It also reminds us that compassion must guide our actions, even toward enemies, as seen in the distinction between combatants and non-combatants.