Mattos/Masei: Leaving an Out for Your Enemy

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Artwork: Assemble the Legion, by Eric Deschamps

Mattos/Masei: Leaving an Out for Your Enemy

Hashem commands Moshe to wage a war of vengeance against Midian: 

Hashem spoke to Moshe saying, “Take vengeance for the Children of Israel against the Midianites. Afterward you shall be gathered to your kin.” Moshe spoke to the people, saying: “Arm men from among yourselves for the army, for them to be against Midian to exact Hashem’s vengeance from Midian …” Moshe sent them out … and they arrayed against Midian, as Hashem had charged Moshe, and they killed every male. (Bamidbar 31:1-7) 

The phrase “as Hashem had charged Moshe” implies that Hashem gave Moshe special instructions, but these instructions are not explicitly stated. The Sages expound on this in Sifre [1]: 

and they arrayed against Midian – [The Tanna Kamma says:] they surrounded it from all four sides. Rebbi Nosson says: he gave them a fourth side [open and unobstructed] so that they could escape. 

According to the Tanna Kamma, Bnei Yisrael were commanded to surround Midian on all four sides. The fact that they were given these specific instructions implies that under ordinary circumstances they would not (or might not) have done so. The Malbim [2] explains the rationale behind this anomaly: 

The Tanna Kamma held that based on what was written [earlier, when Bnei Yisrael were first commanded to go to war with Midian], “Be foes to the Midianites and smite them” (Bamidbar 25:17), the commandment [here to Moshe] was to not leave them any means of escape, as it was explicitly stated, and this was in order to take vengeance from them. 

In other words, in an ordinary war the only objective is victory, and as long is Israel wins, it doesn't matter if the enemy flees. In the war with Midian, however, victory was not enough. The siege had to result in total annihilation of the enemy. Midian had to be completely surrounded in order to make sure that no one escaped.

The second opinion cited in Sifre, that of Rebbi Nosson, stands in direct opposition to the Tanna Kamma’s view: Bnei Yisrael were specifically instructed to leave the Midianites an escape route, so they could flee. The Rambam [3] codifies this view as halacha: 

When laying siege to a city to capture it, we do not surround it on four sides, but only on three, and we leave a place to flee and for one who wants to save himself, as it is stated: “they arrayed against Midian as Hashem commanded Moshe” – from the Oral Tradition we learn that this is what he was commanded. 

The Ramban [4] agrees that we follow Rebbi Nosson’s view, and even goes so far as to count this as one of the 613 mitzvos, which he includes in his list of “mitzvos that the Rambam forgot”: 

When laying siege to a city we are commanded to leave one of the directions without siege so that those who want to flee will have a way to flee through there, because in this we will learn to conduct ourselves with compassion even with our enemies at a time of war. Furthermore, there is an additional benefit in leaving them an opening to flee, so that they do not strengthen themselves to meet us [in war]. It is stated: “they arrayed against Midian as Hashem commanded Moshe,” and [the Sages] expounded in Sifri: “surround it on three sides; Rebbi Nosson says: give them a fourth side so they can flee.” [5] This was not a temporary mitzvah in Midian, but is a mitzvah for all generations in every optional war (i.e. not in obligatory wars), as the Rabbi (i.e. Rambam) wrote in his great composition in the Laws of Kings and their Wars. 

The Ramban mentions two reasons for this mitzvah: (1) to train ourselves to exercise compassion, even towards our enemies, and even during a war in which we are permitted to kill them, and (2) because if we don’t leave the enemy an out, there’s a chance they’ll fight back with even more strength. The Torah Temimah [6] elaborates on this second reason: 

The reason we leave an opening on one of the four sides is because if we don’t leave them any opening, they would all go to war like those who have given up until they deplete the last of their strength, and it would be difficult for Israel to conquer them, but this would not be the case if we left them an out to escape. 

In other words, if the enemy knows that there’s no escape and no hope, they’ll summon up all of their remaining strength and go all out, knowing that they have nothing to lose because the battle has already been lost. Du Mu, the 9th century commentator on Sun Tzu’s The Art of War, refers to this phenomenon as “the courage of despair.” [7]

On the surface, these two reasons appear to be contradictory in character. The first reason is ethical in nature: we leave our enemy an out as an act of compassion, showing our willingness to spare lives. The second reason is tactical: we leave our enemy an out in order to make them easier to vanquish, and to save our own lives. Are these reasons incompatible? 

In my opinion, the two reasons are not incompatible – and that is precisely the point. 

There are certainly cases in which showing compassion is not in one’s own best interests, and will lead to harm. Perhaps one of the most famous cases of this is Shaul’s decision to have compassion on Agag, King of Amalek, concerning which the Sages say: “anyone who is merciful on the cruel will ultimately be cruel to the merciful.” [8]

In this case, however, the Ramban is pointing out that being compassionate is also tactically advantageous. One need not refrain from displaying compassion out of the feeling that this will lead to harm or loss. And if a general or a soldier feels compelled to block the enemy’s path of escape in violation of the halacha, this can only stem from military incompetence or from a misguided impulse of cruelty. 

Although most of us will never find ourselves in a position to implement this halacha, we can still take its lesson to heart and apply it in other areas of life. For example, I once mentioned to my Mishlei rebbi that an atheistically inclined student posed a number of “heretical” objections to a lesson of mine, and I refuted every one of them. My rebbi said: 

“Maybe that was the right move, but sometimes it’s good to let the student ‘score’ a point against his rebbi. If you crush him by taking away all of his 'outs,' he might turn away and close himself off because his ego can’t handle it. It’s important to throw him a bone every once in a while.” 

The same advice applies to many relationships: showing compassion by giving the other person an out is often tactically advantageous to the long-term success of the relationship. 

Footnotes

[1] Sifre Bamidbar 31:7. It should be noted that there are two versions of Sifre. I believe the one cited here is based on the more accurate manuscript. The other version says: “[The Tanna Kamma says:] they surrounded it from all four sides. Rebbi Nosson says: he gave them a fourth side [open] so that they could escape.” In other words, in our version Rebbi Nosson argues with the Tanna Kamma, but in this other version he merely explains his reasoning. 

[2] Rav Meir Leibush ben Yechiel Michel (Malbim), Commentary on Sefer Bamidbar 31:7. The Malbim held that our version of the Sifre is correct, and that there is a machlokess between the Tanna Kamma and Rebbi Nosson. 

[3] Rabbeinu Moshe ben Maimon (Rambam / Maimonides), Mishneh Torah: Sefer Shoftim, Hilchos Melachim 6:7. There’s a whole to-do about how we can paskin like Rebbi Nosson against the Tanna Kamma. The easy way out is to say that our version of the Sifre is correct, and both the Tanna Kamma and Rebbi Nosson hold that we leave an escape route. If you’re interested in how the other approach is resolved, consult the Nosei Kelim on the Rambam. 

[4] Rabbeinu Moshe ben Nachman (Ramban / Nachmanides), Critique of the Sefer ha’Mitzvos of the Rambam: Mitzvos Aseh “that the Rambam forgot” #5 

[5] Note that the Ramban had the other version of the Sifre, without the machlokess Tanna Kamma Rebbi Nosson. 

[6] Rav Baruch ha'Levi Epstein, Torah Temimah: Sefer Bamidbar 31:7, footnote 9 

[7] Sun Tzu writes: “When you surround an army, leave an outlet free” (7:32). Whether Sun Tzu’s intent actually corresponds to our halacha is an open question. He might very well mean what the Ramban wrote as his second reason. However, Du Mu writes that “this does not mean that the enemy is to be allowed to escape.” Rather, "[the object is] to make him believe that there is a road to safety, and thus prevent his fighting with the courage of despair … After that, you may crush him." 

[8] Tanchuma, Metzora 1; Yalkut Shimoni I Shmuel 15 (Remez 121)

Chukas/Balak : Ethnic Retribution in Torah

Truthfully, this is more about Ki Seitzei, but I kept the heading since that’s where my investigation started. And to my regular readers: my apologies for the unusual the length of this post!

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Artwork: Campaign of Vengeance, by Igor Kieryluk

Chukas/Balak: Ethnic Retribution in Torah 

Introduction 

Should the descendants of one nation or ethnic group be held accountable for the wrongdoings of their ancestors, or treated differently on the basis of their predecessors’ conduct? 

The answers given to this broad and multifaceted question tend to be opinionated and heated, especially at this particular juncture in American history. For instance, there are those who maintain that the descendants of white slave owners share in the guilt of their ancestors’ crimes and are obligated by the principles of justice to make reparations to the descendants of Black slaves. Some extend this principle even further, regarding slavery as a sin shared by all white people and demanding restitution for all Black people, regardless of their actual familial connection to the institution of American slavery. Others argue that enough time has passed that the descendants of the criminals and victims of American slavery bear no connection to their ancestors – or at least, not enough of a connection to warrant the enactment of transgenerational justice – and that any attempt to enact such justice would be as unjust as punishing a child for his father’s sins. Similar questions have been raised about the wrongs committed against Native Americans by the American government, the crimes committed by the Nazis against the Jews of Europe, and other cases of oppression around the world. 

This article was born out of a desire to explore such cases of “ethnic retribution” in Torah – cases in which the descendants of one nation or ethnic group are subject to some form of discrimination on account of who their ancestors were or what their ancestors did. In this article we will focus on three such groups, each comprised of two nations or ethnicities: (a) Amonites and Moabites, (b) Edomites and Egyptians, (c) Amalekites and Canaanites; the latter includes seven specific nations – the Canaanites, Amorites, Girgashites, Hittites, Hivites, Jebusites, and Perizzites – but we’ll refer to them collectively as “Canaan” for simplicity’s sake. 

Each of these nations is singled out by the Torah on the basis of decisions made by their forebears and are subjected to laws which can be characterized as “retaliatory” in nature. We’ll begin with an overview of how each of these nations is treated according to halacha, as codified by the Rambam. [1] We will then raise some questions on these laws, examine some answers, and discover that the answers generate more questions and problems than they solve. 

Ethnic Discrimination in Marriage 

Four out of the six aforementioned nations are subject to the prohibition of “entering into the congregation of Hashem.” The prohibitions and their reasons are stated in Parashas Ki Seitzei: 

An Amonite or Moabite shall not enter the congregation of Hashem, even their tenth generation shall not enter the congregation of Hashem, to eternity, because of the fact that they did not greet you with bread and water on the road when you were leaving Egypt, and because he hired against you Bilaam son of Beor, of Pesor, Aram Naharaim, to curse you. But Hashem, your God, refused to listen to Bilaam, and Hashem, your God, reversed the curse to a blessing for you, because Hashem, your God, loved you. You shall not seek their peace or their welfare, all your days, forever.

 

You shall not reject an Edomite, for he is your brother; you shall not reject an Egyptian, for you were a sojourner in his land. Children who are born to them in the third generation may enter the congregation of Hashem. (Devarim 23:4-9) 

We will delay our analysis of the reasons given in these pesukim (verses) and will focus instead on the halachic parameters of these restrictions. The Rambam [2] codifies them as follows: 

12:17 – Regarding every [member of] every nation: when they convert and accept upon themselves all the mitzvos of the Torah, and [likewise] slaves upon being freed, they become like an Israelite in every respect, as it is stated: “there shall be one statute for the congregation” (Bamidbar 15:15). And it is permissible for them to enter into the congregation of Hashem immediately – namely, that a male convert or freed slave may marry a native-born Jewish woman, and a native-born Jewish man may marry a female convert or freed slave – except for four nations alone, and they are: Amon, Moav, Egypt, and Edom; regarding these nations, when a member of one of them converts, they are like an Israelite in every respect except with regards to entering the congregation [by marrying a native-born Jew]. 

12:18 – What is their law? The prohibition on Amon and Moav is for all time, on the males but not the females, as it is stated: “no Amoni (literally, male Amonite) or Moavi (literally, male Moabite) may enter” and it is a law given to Moses from Sinai that only a male Amonite and a male Moabite is forever prohibited to marry a native-born Jewish woman – even the son, of a son, of a son, until the end of time – but a female Amonite or Moabite is permitted [to marry a native-born Jew] immediately, like the other nations. [Note: a male Amonite or Moabite may marry another convert or freed slave without restriction.] 

12:19 – Regarding Egyptians and Edomites, whether males or females, the first and second generation are prohibited from entering [the congregation] of Israel, but the third generation is permitted, as it is stated: “children who are born to them in the third generation” … 

To summarize: all gentiles who convert to Judaism are allowed to marry any Jew with the exception of gentiles from four specific nations: Amonite and Moabite men may never marry native-born Jewish women; Edomite and Egyptian men and women are not allowed to marry native-born Jews, nor may their children, but their grandchildren may. 

In the cases of Amonite and Moabite male converts the prohibition is expressed in terms of marriage and is violated through the act of sexual intercourse. However, in the cases of Edomites and Egyptians, although it is prohibited to marry or have relations with 1st and 2nd generation converts, the prohibition is expressed in terms of rejection: “You shall not reject an Edomite … You shall not reject an Egyptian.” What does this mean practically? Rambam [3] writes: 

We are prohibited from rejecting the descendants of Eisav (i.e. the Edomites) after they convert. In other words, we are forbidden to avoid marrying them after they convert … 

We are prohibited from rejecting the Egyptians and avoiding marrying them after they convert … 

In other words, for a native-Jew to reject a first or second generation Edomite or an Egyptian on the basis of their ethnicity is not only permitted, but is actually backed by force of a Torah prohibition – and yet, if a person were to avoid marrying a third generation Edomite or Egyptian convert on the basis of their ethnicity, then they would be in violation of a different Torah prohibition. In this sense it may be said that the Torah legislates the exact parameters of our ethnic discrimination towards Edomites and Egyptians. 

What about Amalek and Canaan? One might assume that the effort to distance ourselves from these nations would be even more extreme – and yet, the opposite is true. According to the Rambam, there is no Torah prohibition to marry an Amalekite or a Canaanite convert whatsoever. The Rambam explicitly states in 12:22: “One who converts from the seven [Canaanite] nations is not prohibited by the Torah to enter into the congregation.” Why mention Canaanites at all if they’re all permissible? Because, as the Rambam goes on to explain, Yehoshua and David subsequently imposed Rabbinic marriage restrictions on the Gibeonites – the only Canaanite community that actually converted. The fact that the Rambam doesn’t even mention Amalekite converts [4] clearly implies that they were included in his statement in 12:17, namely, that they are no different than a convert from any other non-Jewish nation, and “it is permissible for them to enter into the congregation of Hashem immediately.” 

Are these laws observed today? The Rambam concludes the chapter with an answer: 

12:25 – When Sancheriv, King of Assyria, arose, he confounded [the identity of] all the nations, intermingling them with one another and exiling them from their place. [Consequently,] these Egyptians that are presently in the land of Egypt are other people; likewise, the Edomites in the field of Edom. And since these four prohibited nations have assimilated into all of the nations of the world which are permissible, all of them are [now] permissible, since if [a member of] one of them separates himself for conversion, it is assumed that he separated from the majority. [5]

Therefore, when anyone converts in the present era in any location – whether an Edomite, an Egyptian, an Amonite, a Moabite, an Ethiopian, or any other ethnicity, whether male or female – they are permitted to enter the congregation immediately. 

In other words, despite the fact that these Torah prohibitions are still in effect, they are practically not observed anymore because there is no way for us to tell which individuals descended from these nations, thanks to Sancheriv’s campaign of forced international exile and assimilation. [6] Due to the principle of “whoever separates is assumed to have separated from the majority,” every convert is now permitted to marry a native-born Jew because it is assumed that that convert did not come from one of those four nations. 

Ethnic Discrimination in War and Peace 

It is well-known that the Jewish people were commanded to wipe out the seven nations of Canaan upon our initial conquest of the Land of Israel so that we would not be influenced by their corrupt behavior, practices, and beliefs. The Torah states this explicitly: 

But from the cities of these peoples that Hashem, your God, gives you as an inheritance, you shall not allow any person to live. Rather, you shall utterly destroy them – the Hittite, the Amorite, the Canaanite, the Perizzite, the Hivvite, and the Jebusite – as Hashem, your God, has commanded you, so that they will not teach you to act according to all their abominations that they performed for their gods, so that you will sin to Hashem, your God. (Devarim 20:16-18) 

Likewise, it is well-known that we are commanded to wipe out the nation of Amalek in retaliation for their ambush on the Jewish people as we left Egypt: 

Remember what Amalek did to you, on the way, when you were leaving Egypt, that he happened upon you on the way, and he struck those of you who were hindmost, all the weaklings at your rear, when you were faint and exhausted, and did not fear God. It shall be that when Hashem, your God, gives you rest from all your enemies all around, in the Land that Hashem, your God, gives you as an inheritance to possess it, you shall wipe out the memory of Amalek from under the heaven – you shall not forget! (ibid. 25:17-19) 

However, the parameters of these seemingly sweeping genocidal mandates are not as well-known. In order to understand how we are supposed to relate to Amalek and Canaan, and in order to understand the aforementioned commandment regarding Amon and Moav of “you shall not seek their peace or their welfare,” we must familiarize ourselves with the laws of waging war and making peace. Rambam [7] writes: 

6:1 – We do not wage war with anyone in the world unless we first make overtures for peace, whether in an optional war or an obligatory war, as it is stated: “When you approach a city to wage war with it, you shall call out to it in peace” (Devarim 20:10). If they make peace and accept the seven Noahide commandments, we do not kill a single soul, and they become a tributary, as it is stated: “they shall be for you as a tributary and shall serve you” (Devarim 20:11) … 

6:4 – But if they do not make peace, or if they make peace but do not accept the seven commandments, then we make war with them; we kill all of the adult males and take their property and children as spoils, but we do not kill neither woman nor child, as it is stated: “and the women and children” (Devarim 20:14; 2:34) – this refers to males who are minors. 

When does this [law of sparing women and children] apply? To an optional war with other nations. But [in the case of an obligatory war] with the seven [Canaanite] nations and Amalek, if they do not accept peace, then we do not spare any soul, as it is stated: “thus shall you do to all of the cities … but of the cities of the [seven Canaanite] nations … you shall not allow any soul to live” (Devarim 20:15-16). Likewise, it says about Amalek: “you shall wipe out the memory of Amalek” (Devarim 25:19). 

And from where do we know that this [mandate to kill every man, woman, and child] only applies to those who don’t make peace? As it is stated: “There was not a city that made peace with the Children of Israel except for the Hivvite inhabitants of Gibeon; they took everything in battle. For it was from Hashem, to harden their hearts toward battle against Israel, in order to destroy them” (Yehoshua 11:19-20) – this implies that they made peace overtures which were not accepted … 

6:6 – We do not make peace overtures to Amon and Moav, as it is stated: “you shall not seek their peace or their welfare” (Devarim 23:10). The Sages said: Since it was stated, “you shall call out to it in peace” one might think that this is the case with Amon and Moav; therefore, the verse says: “you shall not seek out their peace.” Since it was said: “he shall dwell with you in your midst … for his benefit” (ibid. 23:17) one might think that this is the case with Amon and Moav; therefore, the verse says: “or their welfare.” But even though we do not make peace overtures towards them, if they initiate overtures for peace on their own, we accept them. 

Note which nations are omitted from these laws: Edom and Egypt. Despite the fact that we single them out when it comes to entering the congregation of Hashem, we treat them the same as any other nation when it comes to waging war and making peace. 

To summarize: we offer peace to almost every nation – including Amalek, Canaan, Edom, and Egypt – but not to Amon and Moav; however, if they offer peace, we accept it. And if a nation doesn’t accept our offers for peace, we only kill the adult males but spare the women and children – except in the case of Amalek and Canaan, in which case we kill everyone. 

We will conclude this section with a chart summarizing how each of these six nations is treated in marriage and in war, with the anomalies emphasized in bold and red: 

Questions, Answers, and Problems 

There are two overarching questions on all of the foregoing laws: (1) On what basis do we discriminate against these six nations? (2) How is it justifiable to discriminate against these people based on what their ancestors did? 

We will begin by reviewing the pesukim – this time with an emphasis on the reasons given: 

An Amonite or Moabite shall not enter the congregation of Hashem, even their tenth generation shall not enter the congregation of Hashem, to eternity, because of the fact that they did not greet you with bread and water on the road when you were leaving Egypt, and because he hired against you Bilaam son of Beor, of Pesor, Aram Haraim, to curse you. But Hashem, your God, refused to listen to Bilaam, and Hashem, your God, reversed the curse to a blessing for you, because Hashem, your God, loved you. You shall not seek their peace or their welfare, all your days, forever. 

You shall not reject an Edomite, for he is your brother; you shall not reject an Egyptian, for you were a sojourner in his land. Children who are born to them in the third generation may enter the congregation of Hashem. (Devarim 23:4-9) 

The Sefer ha’Chinuch [8] explains why the Torah prohibits us from marrying Amonite and Moabite converts based on the reasons mentioned in the pesukim: 

At the root of this mitzvah lies the reason explicitly given in the parshah: “because of the fact that they did not greet you with bread and water etc. and because he hired against you etc.” Scripture here informs us of the greatness of the quality of gemilus chasadim (acts of kindness) and repulsion towards the qualities of villainy and stinginess. Therefore He commanded us to establish a permanent hatred for them, for they (i.e. the Amonites and Moabites) became so corrupt and abominable as to show the utmost degree of their wickedness and villainy, not meeting with even bread and water a great congregation of weary travelers passing through their borders; and because Moav hired Bilam to curse them. 

According to the Sefer ha’Chinuch, it’s not that the Torah has anything against Amonites and Moabites per se. Rather, the Amonites and Moabites embodied bad middos (character traits) which are antithetical to Jewish values. By prohibiting them from marrying native-born Jews, we highlight our opposition to the bad middos associated with those nations – even if the particular Amonite or Moabite doesn’t exhibit them. In other words, our exclusion of Amonites and Moabites is didactic (i.e. intended to teach and reinforce values) and not xenophobic (i.e. stemming from a prejudiced judgment of this particular person based on his nation of origin). 

In light of this explanation one might ask: Why does the prohibition only applies to Amonite and Moabite men, but not women? If these are national traits, shouldn’t we exclude all Amonites and Moabites, as we do with Edom and Egypt? The Sefer ha’Chinuch [9] answers this question: 

The Sages (Talmud Bavli: Yevamos 76b) said as a reason for this: “because it is the derech (lit. way) of a man to meet [oncoming strangers with hospitality] but not of women”; in other words, the women had no hand in the villainy when the Israelites were not met with bread and water, since it is not a woman’s way to go out, and God will not pervert justice to penalize a woman for the villainy of her man. “Far be it from God that He should do wickedness” (Iyov 34:10). 

According to the Sefer ha’Chinuch, the Amonite and Moabite women did not participate in the “villainy” of refusing to provide the Jews with bread and water, which is why they are not included in the prohibition. Excluding them from marriage would not achieve the didactic aim.

Rav Hirsch, citing the same Gemara, takes a slightly different approach: 

The reason for this halacha (of distinguishing between men and women) is attributed to the reason the Torah gives for this prohibition: because they did not practice international humaneness; they did not offer food and drink to the people who were passing by their territory and who were exhausted from traveling in the wilderness. Such international humaneness is exercised primarily by men. Hence, the women were not to blame … 

The later prophets continued to reprove Moav for this attribute of harshness toward other nations and inhumane coarseness. When the time came for Moav’s destruction, Yeshayahu described the cause of its fall (Yeshayahu 15-16). All the nations bordering on Moav were crying out about the Moabites’ actions (ibid. 15:8). From far off one heard only tales of this nation’s arrogance, pride, and blind fury (ibid. 16:6). The only way for Moav to avert the evil decree is to turn to kindness. While still at the height of its success, while its light shines like the sun at noon, it must show kindness to unfortunate refugees. As Yeshayahu calls out to Moav: “Give thought, imagine the shades of night had already fallen in bright midday. Hide the outcasts, betray no wanderer, let my outcasts find a home with you. Moav, be their protector against the spoiler. For extortion must cease; spoiling must be brought to an end; oppressors must disappear from the land. A throne shall be established through mercy” (ibid. 16:3-5). 

According to the halacha, the Moabite women had no part in these attributes; they did not banish from their hearts humane feelings toward other nations and did not cultivate singular national pride. This was credited to them as a double merit, since they had to overcome the influence of the men. 

So, too, we should appreciate Ruth, woman of Moav, a woman of exquisite humanity, who was mother of the Davidic kingdom. In her heart burned a flame of love for people, a love that bridges the barrier that separates nation from nation. Surely she had a part in the spirit that, in the tones of the harp of her great-grandson [David], sings of a future morning when nations will be united around God and heralds the break of that dawn. 

According to Rav Hirsch, it’s not just that the women of Moav happened to not participate in villainy. Rather, there was a completely different culture and value system among Moabite men and Moabite women. Moabite men were cruel, arrogant, and unkind, whereas Moabite women exhibited none of these traits. This distinction is reflected in the structure of the halacha. 

What about the additional reason given for Moav: “because he hired against you Bilaam son of Beor, of Pesor, Aram Haraim, to curse you”? This is somewhat problematic. The Sefer ha’Chinuch only mentions this reason as an afterthought. Based on the pasuk here, which says “because he hired,” the hiring of Bilaam sounds like the decision of one man: Balak, King of Moav. If so, why should it affect our judgment of Moav as a whole? And if the king’s decision was driven by his people, then why does the pasuk speak in the singular? 

Other than that minor issue, the Sefer ha’Chinuch seems to be well on his way to answering our questions. But then he is forced to confront a glaring conundrum: If the Torah distances us from Amonite and Moabite men for all generations because they didn’t provide us with bread and water (and secondarily because of the hiring of Bilaam), then certainly we should treat Egypt the same way, since they enslaved us for 210 years – and yet, we only keep Egypt at a distance for two generations! The Sefer ha’Chinuch then provides a problematic answer: 

Now, even though [the people of] Egypt enslaved us and afflicted us for a long time, we are only kept away from them until the third generation. With this we know that it is better for a person to commit many sins than one great act of villainy. By deciding to do a vile act of villainy, without any concern about exposing his mind and his shame before many nations, one thus shows the evil of his temperament and the utter degree of his baseness, and that there is no longer any corrective measure to make himself worthy and to improve his action. His depravity has become so entrenched that it cannot be fixed. A man like that is not fit to intermingle with the blessed people of holiness. 

This answer is baffling on a number of levels. First, does this reasoning even make sense? Are 100 acts of moderate violence always better than one act of severe wrongdoing? It’s debatable, at the very least. Second, enslaving us and embittering our lives wasn’t the only thing Egypt did. They also participated in a state-sponsored extermination of all Jewish boys! Does that not qualify as “one great act of villainy”? Doesn't that show a far more reprehensible national character than neglecting to provide a nation with food and water? Third, what about Amalek? Amalek ambushed us in a cowardly manner, preying upon “the weaklings at [our] rear” when we “were weak and exhausted,” and intended to annihilate us completely. Does that not warrant a prohibition against marrying Amalekite converts on par with Amon and Moav? Fourth, his final few sentences suggest that our refusal to marry Amonite and Moabite men is not just didactic, but actually stems from three assumptions: (a) that Amonite and Moabite men actually possess these bad middos, (b) these qualities are so entrenched they are beyond hope of correction, and (c) allowing them to marry native-born Jews will “corrupt” the nation of Israel. These assumptions are highly problematic! Nations and cultures change. Individuals can choose to rise above the trends of their societies. Who is to say that every Amonite or Moabite will embody an incurable condition of cruelty and villainy, to the extent that the Torah needs to impose a blanket prohibition on them to prevent them from “infecting” our people? If the barbaric and lawless Assyrian capital of Nineveh did teshuvah when rebuked by Yonah, how can we say that Amon and Moav are beyond hope?

But wait: it gets even more problematic. In his presentation of the prohibition against rejecting an Edomite and an Egyptian, the Sefer ha’Chinuch raises our initial question and offers his own answer: 

The root reason for this mitzvah is obvious: it is to inform us that we should not behave with a prohibition toward the descendants of Edom, and should not reject them by kal va’chomer (i.e. reasoning from less to more) from the Amonites, saying: “If Amon and Moav, because of one time that they did not meet us with bread and water, were distanced from us by God, how much more so the Edomites and the Egyptians, who made the Israelites suffer so much!” Therefore, the admonition was given us about them, not to refrain from intermarrying with them. For the periods of servitude to which they subjected us were a decree of Hashem for us, and we ought not to set a permanent hatred in our heart for that. They are rather called our brothers when they undergo conversion and come to shelter under the wings of the shechinah (divine presence). With Amon and Moav, though, there is another reason for hatred toward them: that is the matter of the enormous villainous outrage which they found in their heart to commit, as I wrote shortly above. 

What? The first time around he acknowledged that the Egyptian enslavement of Bnei Yisrael really did involve wrongdoing, but because it involved “many sins” rather than “one great act of villainy,” Egypt didn’t warrant the same treatment as Amon and Moav. Now he’s saying that because the servitude was “a decree of Hashem for us,” then we shouldn’t harbor a permanent hatred. On its surface, this would seem to somewhat excuse the Egyptians for their mistreatment of their Hebrew slaves, and opens up a huge can of worms as to the justice (or injustice) of the divine punishment of Egypt through the ten plagues. 

We are left with mixed feelings about the Sefer ha'Chinuch. The crux of his approach has a lot of merit, but in his efforts to consistently explain the discriminatory laws concerning these four nations, he raises new problems, the solutions to which are not readily apparent.

The Abravanel [10] has a completely different take on the Torah's exclusion of Amon and Moav from the congregation of Hashem based on the background information provided way back in Sefer Bereishis. Amon and Moav descended from Lote, Avraham Avinu’s nephew. Avraham saved Lote on two occasions: by rescuing him after he had been taken captive (Bereishis 14:12-16), and by sending messengers to save him from being destroyed along with the other inhabitants of Sedom and Amora (ibid. Chapter 19). Lote’s wife perishes in the escape and he and his two daughters take shelter in a cave. Under the severely mistaken impression that all human civilization had been destroyed, Lote’s daughters ply their father with wine and sleep with him in an effort to repopulate the earth. The resulting offspring become the progenitors of Amon and Moav. On this basis the Abravanel writes: 

The Amonites and Moabites did not greet [the Children of Israel] with bread and water, nor did they allow them to pass through their land. Since Amon and Moav were descendants of Lote, who received tremendous kindness from Avraham who saved him from the sword and from capture, and in whose merit he escaped from the upheaval of Sedom and Amora, they (i.e. Amon and Moav) were indebted to do so (i.e. to give provisions and allow passage) to Israel – but they did the opposite. Therefore, it is fitting that their punishment be excessive and severe. Additionally, Moav added a rebellious offense to its sin by hiring Bilaam to curse Israel, and although his counsel was thwarted, this is only because Hashem (exalted is He) did not listen to Bilaam and transformed his curse to blessing out of His love for Israel. Therefore, it was fitting that even though [the Children of Israel were commanded] not to provoke war [with Moav] and not to take their land, since they descended from Lote [and were given the Plains of Moav as an inheritance], they were also [commanded] not to seek out their peace and welfare, for just as they were inhospitable to you by not providing you with bread and water, so too, you should not be hospitable to them by allowing them to marry the daughters of Israel. And since they possess a corrupt nature and such a deteriorated character, it is not fitting that they should illicitly intermingle [11] with the seed that Hashem has blessed. For this reason it was stated: “even their tenth generation shall not enter the congregation of Hashem” – meaning to say that this [exclusion] is eternal, which is why it said “all your days, forever.” 

According to the Abravanel, the sin of Amon and Moav was not merely that they refused to provide us with bread and water; rather, it’s that they refused to provide us with bread and water despite being doubly indebted to us, on account of the kindness shown to their forefather Lote by our forefather Avraham. This was more than an act of international inhospitality. It was also an ungrateful refusal to recognize and repay the descendants of Avraham for the acts of kindness which resulted in their very existence. 

The Abravanel then contrasts Amon and Moav with Edom and Egypt: 

It is not fitting to reject [the Edomites and the Egyptians] completely, like Amon and Moav – the Edomite because of his familial relation, “for he is your brother,” and it is appropriate for a person to love his relative even if he is wronged by him, and the Egyptian because “you were sojourners in his land,” and Yaakov went down to Egypt because of the “fevers of famine” (Eichah 5:10) and found [relief] at the time of his trouble, as the Sages said: “they provided lodging at a time of pressing need.” Therefore, even though they did evil to you, it is appropriate for you not to reject them [entirely] and not to withhold their reward. This is [the reason why] “children who are born to them in the third generation” may marry [native-born Jewish] women and enter into the congregation of Hashem. 

Although we were wronged by Edom, we should be more forgiving because they are our brothers. Although we were wronged by Egypt, we were also saved by them at a time when our forefathers were in danger of dying of starvation. Indeed, we owe our existence to Egypt in the same way that Amon and Moav owe their existence to us.

Next, the Abravanel addresses two problems: (1) We are related to Amon and Moav, so why not treat them like Edom? (2) Edom refused to provide us with bread and water, as the pesukim in Bamidbar 20:14-21 [12] imply, so why don’t we treat them like Amon and Moav? He writes: 

But why didn’t it mention a “brotherly covenant” with Amon and Moav as it did with Edom? And why didn’t it mention the fact that Edom didn’t greet us with bread and water, as it mentioned by Amon and Moav? The answer, according to me, is as follows: 

Although Edom harbored animosity [towards Israel] and didn’t allow Israel to pass through its territory and didn’t greet them with bread and water, they had a huge claim against us, because Yaakov took the birthright from Eisav, his older brother, and also took his blessings through deception. It would have been enough for Edom if they didn’t greet Israel with war, as did Amalek. Therefore it said: “do not reject an Edomite, for he is your brother” – in other words, there is a strong relationship between you, and he didn’t harm you, despite having a huge claim against you. 

However, Amon and Moav did not have a claim [which would constitute a valid reason] to hate Israel and harm them. [To the contrary,] they should have granted them a double benefit, in accordance with the benefit that Avraham gave their father. Neither Lote nor his descendants were subjected to insults from Avraham and his descendants, as Eisav received from Yaakov. Therefore, Amon and Moav were deserving of great punishment for refusing to benefit Israel, whereas Edom was deserving of great reward for not harming them. Additionally, our relatedness to Edom was great and powerful, since Eisav and Yaakov were the sons of Yitzchak and Rivkah. However, even though Lote was related to Avraham, that [relationship] was distant, since he was his nephew; also, the descendants of Lote came about in an improper manner from his two daughters. For this reason, Edom is called “brother” in Scripture (see Malachi 1:2), whereas Amon and Moav are never referred to as [our] “brothers” in any place. 

According to the Abravanel, Edom had every right to hate us, to deny us provisions, to refuse passage through their territory, and – remarkably – to go to war with us, on account of our forefather Yaakov’s taking of the birthright and blessings from their forefather Eisav. Although Edom’s wrongdoing towards Israel still warrants a reprisal, this long-standing claim combined with our kinship mitigates the punishment that they would have otherwise deserved. Amon and Moav may participated in the same international relations misconduct, but their crime is considered far worse on account of their indebtedness to Avraham. That, combined with the fact that they are only “distant cousins” rather than “brothers,” is why the Torah gave them the full degree of punishment they deserved. 

Let us assess the Abravanel’s approach. On the one hand, he avoids many of the problems we raised on the Sefer ha’Chinuch’s explanations. The Abravanel's approach is firmly grounded in the pesukim and even sheds light on the background information about Amon and Moav provided in Sefer Bereishis. 

However, there is one major problem: according to the Abravanel, the Torah is effectively punishing descendants for the wrongdoings of their ancestors. According to the Sefer ha’Chinuch, the Torah excludes Amon and Moav from the congregation in order to reinforce our rejection of the bad middos associated with their nations, and this didactic exclusion from the congregation is equally relevant to any and every generation of Amonites and Moabites. In contrast, the Abravanel's explanation only accounts for why those particular groups of Amonites, Moabites, and Edomites who actually committed these crimes against the Children of Israel in the Wilderness were worthy of punishment. Why should their offspring be similarly punished for all generations? If, for example, the son of a Holocaust survivor had the opportunity to repay the offspring of his father’s liberator and neglected to do so, he would certainly be worthy of censure – but would this justify punishing all of his offspring until the end of time? Lehavdil, when North Koreans commit crimes against the regime which are punishable by life imprisonment, they are subject to the "three generations of punishment" policy established by Kim Il-Sung, by which their children and grandchildren are also imprisoned for life. We recognize this as inexcusably unjust - so how can the Torah punish future generations of Amonites, Moabites, Edomites, and Egyptians for the crimes of a particular generation of their ancestors? “Far be it from God that He should do wickedness” (Iyov 34:10).

Concluding Thoughts 

In this article we set out to answer the question: Should the descendants of one nation or ethnic group be held accountable for the wrongdoings of their predecessors? Our ultimate objective was to shed light on the similar questions being asked in America and around the world today. 

Did we emerge from our investigation with a clear answer to this question? Absolutely not! We now have more questions and problems than we did when we started. 

But does that mean that our investigation was a failure? Not at all! If anything, it has become abundantly clear that the answer to this question is not simple or clear cut by any stretch of the imagination. For example, if one believes that descendants of slave owners should not be held accountable to pay reparations to the descendants of slaves, then why does the Torah hold the descendants of the Amonites and Moabites accountable for their ancestors' injustices towards our ancestors, as the Abravanel explained? And if one maintains that such reparations should be made, due to the centuries of oppression that African American slaves suffered at the hands of their masters, what about the Sefer ha'Chinuch's statement that "it is better for a person to commit many sins than one great act of villainy" or the fact that Egypt's punishment for enslaving Israel is mitigated by the fact that they provided for us in our time of need? Perhaps there is a statute of limitations on this transgenerational justice in the case of slavery as there is in the case of Egypt? And for those who either support or condemn the rioting and looting in the name of BLM, what about the Abravanel's view that the Edomites were somewhat justified in their mistreatment of the Israelites on account of what Yaakov did to Eisav hundreds of years earlier? 

And perhaps someone will object to our entire endeavor to draw parallels and inferences from these Torah laws to other historical cases and current events. That, too, is a legitimate possibility. Perhaps only Hashem, in His Omniscience and love of righteousness and justice, is in the position to enact such transgenerational measures of justice and retribution, but for human beings to even attempt to do so would be sheer folly.

This is precisely the type of confusion that I believe we need in this country right now. In an era plagued by extremism, absolutism, and "us versus them" politics, it is a step in the right direction to acknowledge that the problems with which we are confronted are far more complex and nuanced than we'd like to think. The difficulties we encountered in our analysis should give us pause, and in that pause, we should reassess whether the feelings of certainty we have on current events are backed by reason or merely by passion.

Footnotes:

[1] There are certainly other views on these topics, but I’m most familiar with the Rambam, and I’m sticking to him. 

[2] Rabbeinu Moshe ben Maimon (Rambam / Maimonides), Mishneh Torah: Sefer Kedushah, Hilchos Issurei Biah 

[3] Rabbeinu Moshe ben Maimon (Rambam / Maimonides), Sefer ha’Mitzvos: Lo Taaseh #54-55 

[4] Some want to argue that according to the Rambam it is prohibited for an Amalekite to convert to Judaism at all. This argument falls apart when one considers the fact that the Rambam doesn’t mention Amalek at all in the laws of conversion and doesn’t mention conversion in the laws of Amalek. The pasuk says: “David then asked the young man who was telling him, ‘Where are you from?’ and he replied, ‘I am the son of an Amalekite convert’” (II Shmuel 1:13), and we have every indication to believe that the Rambam would take that pasuk at face value. 

[5] This is a general principle in halacha: whenever there is a mixture of indistinguishable entities and one of them separates from the mixture, we assume that it came from the majority component. 

[6] It is for this reason that I decided to characterize these laws as “ethnic retribution” rather than “national retribution.” The Rambam does not say that these marriage restrictions are null and void because the national identities or cultures of Amon, Moav, Edom, and Egypt have ceased to exist. Rather, he says that Amonite, Moabite, Edomite, and Egyptian individuals are still out there – even though their nations have long since vanished – but the problem is that we just can’t tell who they are. In other words, the prohibition focuses on ethnicity, not national identity. Theoretically (albeit not halachically), if we knew for certain that a particular male convert was an ethnic Amonite or Moabite, he would not be allowed to marry a native-born Jewish woman. 

[7] ibid. Mishneh Torah: Sefer Shoftim, Hilchos Melachim u’Milchamos 

[8] Sefer ha’Chinuch: Ki Seitzei Mitzvah #561 

[9] This passage actually comes later on. I’m citing it here to maintain the flow of the article. 

[10] Don Yitzchak Abravanel, Commentary on Sefer Devarim 23:4-9 

[11] Here the Abravanel uses the word “kilayim” which means “forbidden mixture.” 

[12] See? I told you this connected to Chukas and Balak!

Chesed Hashem in the Messianic Era

Originally posted in December 2008, during my Rabbi Sacks period. Please pardon the somewhat jargon-heavy writing style.

Artwork: Rush of Knowledge, by Eric Peterson

Chesed Hashem in the Messianic Era

The shortest perek (chapter) in Sefer Tehilim (The Book of Psalms) is perek 117, which says:

Praise Hashem, all peoples; praise Him, all the nations! For His chesed (kindness) has overpowered us, and the truth of Hashem is eternal, Halleluyah! 

The phrase "His chesed has overpowered us" is peculiar. We don't typically describe chesed as something that "overpowers" the one who receives it. "Overpowered" implies resistance on the part of the recipient. Why should there be any resistance to Hashem's chesed?

To answer this question we must define the term "chesed" and understand what chesed our pasuk (verse) is referring to. The Rambam [1] explains that the term "chesed" literally means "excess," and is typically used to denote an excess of tov (good). According to the Radak [2] this chapter is about the Messianic Era. What chesed (excess) will Hashem bestow upon humanity in the Messianic era?

The Rambam answers this question in two places in the Mishneh Torah. The first is in the Laws of Repentance [3]:

In those days [of the Messianic Era] there will be an increase of knowledge, wisdom, and truth, as it is stated, "For the entire world will be filled with knowledge of Hashem" (Yeshayahu 11:9), and it is stated, "They will no longer teach - each man his fellow, each man his brother" (Yirmiyahu 31:33), and it is stated, "I will remove the heart of stone from your flesh" (Yechezkel 36:26), because that king who will arise from the offspring of David will be a master of wisdom, greater than Solomon, and a great prophet, close to Moses our teacher. Therefore, he will teach all of the nation and instruct them in the path of Hashem, and all of the nations will come to hear, as it is stated, "It will happen in the end of days: the mountain of the Temple of Hashem will be firmly established as the head of the mountains" (Yeshayahu 2:2).

The second source is in the Laws of Kings: 

The chachamim (wise men) and the prophets didn't desire the Messianic Era so they could rule over the entire world, or to dominate the nations, or to be exalted by the nations, or so that they could eat, drink, and rejoice - rather, [they only desired the Messianic Era] so that they could be free to occupy themselves with Torah and its wisdom, without any oppressor or nullifier, so that they can merit the World to Come. 

During that time there will not be any famine or war, jealousy or rivalry, for the tovah (good) will be abundantly bestowed, and all pleasurable things will be available like dust, and the sole occupation of the entire world will be to know Hashem. Therefore, the Jews will be exceedingly wise and will know hidden and deep ideas, and they will apprehend the knowledge of their Creator to the extent that is possible for humans, as it is stated, "For the world will be filled with knowledge of Hashem, like water covering the sea bed" (Yeshayahu 11:9). 

What tov will be bestowed in excess during the Messianic Era? The tov of knowledge of Hashem. This is the chesed which we will experience as "overpowering," as the pasuk states, "For His chesed has overpowered us, and the truth of Hashem is eternal, Halleluyah!" This "truth of Hashem" is the  chesed (i.e. excess of tov) that will be bestowed in the Messianic Era.

In order to understand why this excess of tov will be experienced as "overpowering," we must delve a little bit deeper into the idea of tov. 

Our lives are governed by the pursuit of two different types of tov. The first type is the tov of Bereishis, as it is stated, "God said, 'Let there be light,' and there was light. And God saw the light that it was tov" (Bereishis 1:3-4), and "God saw all that He had made and behold - it was exceedingly tov" (ibid. 1:31). This is the tov of God's wisdom as expressed in His universe - the tov of lawful existence. Our tov, as human beings, is the contemplation of this wisdom, which we experience as the ultimate pleasure of ahavas Hashem (love of God) and the ultimate humility of yiras Hashem (awe of God).

But there is another tov: the tov of the nachash (snake), as it is stated, "The nachash said to the woman, ‘You will surely not die, for God knows that on the day you eat of [the fruit of the tree] your eyes will be opened and you shall be like gods, knowers of tov and ra.’" (ibid. 1:4-5). The tov of the nachash is the tov of the god-fantasy: the self-centered, deep-seated belief that the universe revolves around "the Great, Mighty, and Awesome Me." The tov of the nachash is the source of the drive for pleasure and the drive for success, as it is stated, "And the woman saw that [the fruit of] the tree was tov for eating: tempting to the eyes and desirable as a means to success" (ibid. 1:6).

Why will we experience the excess tov of Bereishis in the Messianic Era as "overpowering"? Because the tov of Bereishis is a threat to the tov of the nachash. To recognize the Sovereignty of the Creator in the universe is to forfeit one's own claim of divine sovereignty. To acknowledge the reality of the Supreme Being is to admit that one's own feelings of supremacy and greatness are rooted in fantasy and falsehood. To behold the lawfulness governing the entire universe is to confront the terrifying fact that one's own life is governed by that same lawfulness. The mind's encounter with the objective reality of lawfulness forces one to confront the harsh truth that reality doesn't conform to me, but I must conform to reality.

Contemplation of the wisdom in God's universe leaves no room for feelings of greatness, as the Rambam [5] writes in his explanation of yiras Hashem:

What is the way of loving Him (ahavah) and being in awe of Him (yirah)? When a person ponders His great and wondrous works and creations he immediately loves, praises, and extols and is filled with a great desire to know the Supreme Being, as David said, “My soul thirsts for the living God” (Tehilim 42:3). And when he contemplates these things he immediately is drawn back with great reverence and he realizes that he is a small, insignificant, unenlightened creature standing with a frail intellect in the presence of a Being Who is Perfect in Knowledge, as David said, “[When I behold Your heavens, the work of Your fingers, the moon and stars that you have set in place, I exclaim,] ‘What is frail man that You should notice him, [and the son of mortal man that You should be mindful of him?']” (ibid. 8:4-5). 

This experience of yiras Hashem - the realization of one's small existence in the reality of God's lawful universe - is utterly despicable to our inner-nachash, as it is stated, "Yiras Hashem is the beginning of knowledge, but fools despise wisdom and discipline" (Proverbs 1:7). It is for this reason that influx of excess Bereishis-tov at the advent of the Messianic Era will be met with tremendous resistance and will be experienced as "overpowering" by all but the greatest chachamim.

But this struggle against reality will only be temporary, as the prophet states, "I will give you a new heart and put a new spirit within you; I will remove the heart of stone from your flesh and give you a heart of flesh. I will put My spirit within you, and I will make it so that you will follow My decrees and guard My ordinances and fulfill them" (Ezekiel 36:26). What is this "spirit of Hashem"? "The spirit of Hashem will rest upon him - a spirit of wisdom and understanding, a spirit of counsel and strength, a spirit of knowledge and yiras Hashem" (Yeshayahu 11:2). Hashem will assist His servants by releasing us from the shackles of the tov of the nachash and guiding us in the light of the tov of Bereishis.

The Rambam writes that ideally, we should all yearn for the coming of the Moshiach. This perek of Tehilim reminds us that we must begin by acknowledging the part of us which does not yearn for the coming of Moshiach. So long as we are unwilling to face that part of ourselves, we cannot truly yearn for the redemption. 

[1] Rabbeinu Moshe ben Maimon (Rambam / Maimonides), Guide for the Perplexed 3:53

[2] Rabbeinu David Kimchi (Radak), Commentary on Sefer Tehilim 117

[3] Rabbeinu Moshe ben Maimon (Rambam / Maimonides), Mishneh Torah: Sefer ha'Mada, Hilchos Teshuvah 9:2

[4] ibid. Sefer Shoftim, Hilchos Melachim 12:4-5

[5] ibid. Sefer ha'Mada: Hilchos Yesodei ha'Torah 2:2