Numbers 31:9 - War spoils' moral dilemma?

Numbers 31:9 - במדבר 31:9

Hebrew Text

וַיִּשְׁבּוּ בְנֵי־יִשְׂרָאֵל אֶת־נְשֵׁי מִדְיָן וְאֶת־טַפָּם וְאֵת כָּל־בְּהֶמְתָּם וְאֶת־כָּל־מִקְנֵהֶם וְאֶת־כָּל־חֵילָם בָּזָזוּ׃

English Translation

And the children of Yisra᾽el took all the women of Midyan captives, and their little ones, and took the spoil of all their cattle, and all their flocks, and all their goods.

Transliteration

Va'yishvu v'nei Yisra'et et-n'shei Midyan v'et-tapam v'et kol-b'hemtam v'et kol-miknehem v'et kol-cheilam bazazu.

Hebrew Leining Text

וַיִּשְׁבּ֧וּ בְנֵי־יִשְׂרָאֵ֛ל אֶת־נְשֵׁ֥י מִדְיָ֖ן וְאֶת־טַפָּ֑ם וְאֵ֨ת כׇּל־בְּהֶמְתָּ֧ם וְאֶת־כׇּל־מִקְנֵהֶ֛ם וְאֶת־כׇּל־חֵילָ֖ם בָּזָֽזוּ׃

🎵 Listen to leining

Parasha Commentary

Context of the Verse

The verse (Bamidbar 31:9) describes the aftermath of the battle between Bnei Yisrael and Midyan, following Hashem's command to avenge the harm Midyan caused through the incident of Ba'al Pe'or (Bamidbar 25:17-18). The capture of women, children, and spoils raises ethical and halachic questions, which are addressed by classical commentaries.

Rashi's Explanation

Rashi (Bamidbar 31:9) notes that the initial capture of Midyanite women was problematic because these women were the very ones who had enticed Bnei Yisrael to sin at Ba'al Pe'or. Moshe later commands (Bamidbar 31:17) the execution of all non-virgin women, as they were complicit in the seduction. The children were spared only if they were below the age of discernment (not yet capable of idol worship).

Halachic Considerations

  • Treatment of Captives: The Rambam (Hilchot Melachim 8:1-2) derives from this episode that in a milchemet mitzvah (obligatory war), the usual restrictions on harming non-combatants do not apply when dealing with a nation like Midyan, which sought Israel's spiritual destruction.
  • Booty in War: The spoils taken were permitted to Bnei Yisrael, but required purification (Bamidbar 31:21-24). The Gemara (Chullin 17a) discusses the kashering process for Midyanite utensils.

Moral Lessons

The Midrash (Bamidbar Rabbah 22:4) emphasizes that this war was not for material gain but to eliminate a dire spiritual threat. The Netziv (Ha'amek Davar) adds that the sparing of young children who were not yet corrupted reflects the Torah's mercy even in judgment.

Contrast with Amalek

Unlike Amalek, where total annihilation was commanded (Devarim 25:19), Midyan's punishment was targeted—only those directly involved in the sin were destroyed. This distinction is noted by the Kli Yakar (Bamidbar 31:2), who explains that Midyan's primary crime was seduction, not outright genocide.

📚 Talmud Citations

This verse is quoted in the Talmud.

📖 Yevamot 60b
The verse is referenced in a discussion about the permissibility of marrying captive women and the ethical considerations surrounding the treatment of war captives.
📖 Sanhedrin 106a
The verse is mentioned in the context of discussing the actions of the Israelites during the war with Midian and the ethical implications of their conduct.

Frequently Asked Questions

Q: Why did the Israelites take the women and children of Midyan captive?
A: According to Rashi (Numbers 31:9), the Israelites were commanded to wage war against Midyan because the Midyanites had led Israel into sin through the incident of Ba'al Pe'or (Numbers 25). The Torah emphasizes taking the women captive because they were specifically involved in seducing the Israelites into idolatry and immorality. However, the Talmud (Yevamot 60b) discusses the laws of how to properly treat captives according to Jewish law.
Q: What does this verse teach us about war in the Torah?
A: This verse shows that when Israel fought wars commanded by Hashem, they followed specific Divine instructions. The Rambam (Hilchot Melachim 6:1) explains that wars like this were milchemet mitzvah (obligatory wars) to eliminate a threat to the Jewish people. However, Jewish law always emphasizes ethical conduct in war, including proper treatment of captives.
Q: Why does the Torah mention spoiling the cattle and flocks of Midyan?
A: The mention of taking the animals as spoils teaches that everything belongs to Hashem, and He determines who merits to receive wealth. The Midrash (Bamidbar Rabbah 22:4) explains that the spoils were ultimately purified and became permissible for Israel to use, showing that when following Hashem's commands properly, even war spoils can become sanctified.
Q: How does this verse relate to the concept of 'middah k'neged middah' (measure for measure)?
A: The Midrash (Tanchuma Matot 3) explains that since the Midyanites used their women and wealth to lead Israel astray (through the sin of Ba'al Pe'or), they were punished specifically through these same means - their women and wealth being taken. This demonstrates the Torah principle that punishment often mirrors the transgression.
Q: What lesson can we learn today from how Israel treated the Midyanite captives?
A: The Talmud (Gittin 38a) derives from this and other passages that Jewish law requires humane treatment of captives. While this was a specific war situation, the underlying principles teach us about ethical conduct even towards enemies. The Rambam (Hilchot Melachim 8:1) later codifies detailed laws about properly treating captives according to Torah values.