Frequently Asked Questions
Q: What does Numbers 31:11 mean when it says they took 'all the spoil and all the prey'?
A: This verse describes how the Israelites, after their battle against Midian, took all the captured goods (spoil) and living captives (prey), including both people and animals. According to Rashi, this was done under Moshe's command as part of the war's aftermath, with everything later being divided and purified according to Torah law.
Q: Why was taking spoils of war permitted in this battle?
A: The Torah permits taking spoils in specific wars commanded by Hashem, like this battle against Midian (which was retaliation for their role in leading Israel to sin). The Rambam (Hilchot Melachim 8:1) explains that in a 'milchemet mitzvah' (obligatory war), certain spoils may be taken, but they must be handled according to Torah laws of purity and distribution.
Q: How were the spoils divided according to Jewish tradition?
A: The very next verses (Numbers 31:25-27) explain that the spoils were divided equally between the warriors and the rest of the community, with portions set aside for the Kohen and Levi'im. The Talmud (Bava Kama 38b) discusses the detailed laws of how war spoils must be distributed fairly.
Q: What is the significance of mentioning both human and animal captives?
A: The Torah specifies both to teach that different laws applied to each. Human captives required special treatment (potential conversion or humane treatment), while animals needed kosher slaughter if eaten. The Midrash (Bamidbar Rabbah 22:4) also sees this as showing the completeness of the victory - nothing of value was left behind.
Q: Does this verse have any relevance to ethical behavior today?
A: Yes, the principles derived from this episode teach about ethical conduct even in warfare: 1) Spoils must be taken only when permitted by Torah law 2) Everything must be properly distributed and shared 3) Captives must be treated humanely. The Sefer HaChinuch (Mitzvah 527) derives from here that we must follow Torah laws even when victorious in battle.
Context of the Verse
This verse appears in the context of a battle where the Israelites took spoils from their enemies, including both human captives and animals. The taking of spoils is a recurring theme in Tanakh, often governed by specific halachic (Jewish legal) guidelines.
Rashi's Commentary
Rashi (on similar verses, such as Bamidbar 31:11) explains that the term שָׁלָל (shalal) refers to inanimate spoils like gold, silver, and garments, while מַלְקוֹחַ (malkoach) refers to living captives—both humans and animals. This distinction is crucial for understanding the different categories of war spoils in Jewish law.
Halachic Considerations
According to Rambam (Hilchot Melachim 8:1-2), the laws of spoils in war depend on whether the war is milchemet mitzvah (an obligatory war, such as against Amalek) or milchemet reshut (a discretionary war). In obligatory wars, spoils are permitted only after explicit divine instruction, whereas in discretionary wars, spoils may be taken under certain conditions.
Moral and Ethical Lessons
The Midrash (Tanchuma, Shoftim 15) emphasizes that even in war, Jews must uphold moral standards. The spoils of war are not a license for greed or cruelty; rather, they are governed by divine commandments. The Talmud (Sotah 44b) further discusses the ethical responsibility of soldiers to avoid unnecessary harm, even to enemy property.
Spiritual Implications
The Kli Yakar (on Devarim 20:14) teaches that the spoils of war should remind the Jewish people of their dependence on Hashem’s mercy. Victory and material gain in battle are not achievements of human strength alone but are granted by divine will.