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)

The Mentality of a Jewish Soldier

In light of recent events, I decided to repost something I wrote as a dvar Torah last summer - with some minor changes and additions. 

The Rambam's Mishneh Torah concludes with the section entitled, "The Laws of Kings and Wars." Chapters 5-8 detail the laws pertaining to the wars waged by Malchei Yisrael (Jewish kings) on behalf of Malchus Yisrael (Jewish monarchy). Although many of these laws do not apply to the battles fought by the Israeli Defense Force in service of the modern State of Israel, they still provide insight into the Torah's view of warfare, and the philosophical and ethical standards to which it holds Jewish soldiers. 

Once the soldiers are in formation and are about to enter into battle, they are addressed by two individuals: the Meshuach Milchamah – a Kohen appointed specifically for this purpose – and another high ranking officer. The Meshuach Milchamah proclaims: 

“Hear, O Israel, you are coming near to the battle against your enemies; let your heart not be faint; do not be afraid, do not panic, and do not be broken before them. For Hashem, your God, is the One Who goes with you, to fight for you with your enemies, to save you!" (Devarim 20:3-4). 

In a milchemes reshus (a war which is not mandated by a Torah commandment), the Meshuach Milchamah enumerates three categories of individuals who are exempt from fighting: 

"Who is the man who has built a new house and has not inaugurated it? Let him go and return to his house, lest he die in the war and another man will inaugurate it. And who is the man who has planted a vineyard and has not redeemed it? Let him go and return to his house, lest he die in the war and another man will redeem it. And who is the man who has betrothed a woman and has not married her? Let him go and return to his house, lest he die in the war and another man will marry her" (ibid. 20:5-7).

Finally, an officer announces a fourth category of individuals who are urged not to enter into battle: “Who is the man who is fearful and fainthearted? Let him go and return to his house, and let him not melt the heart of his fellows like his heart!” (ibid. 20:8).

In providing the Torah she’baal Peh (Oral Torah) explanation of this last category, the Rambam paints a vivid portrait of the mentality of a Jewish soldier as envisioned by the Torah:

“Who is the man who is fearful and fainthearted?” is to be understood simply, as referring to a person whose heart lacks the capacity to withstand the throes of war. 

Once a man enters the throes of war, he should rely on the Hope of Israel and their Savior in times of distress. He should realize that he is fighting for Yichud ha'Shem (the Oneness of God's Name), and he should place his soul in his hand and neither fear nor tremble. He shouldn't think about his wife or his children. Instead, he should erase their memory from his heart, and empty his mind of thoughts except for war. 

Anyone who begins to think and be anxious [about personal matters] in the midst of battle to the point where he frightens himself violates a lo taaseh (Torah prohibition), as it is stated: “let your heart not be faint; do not be afraid, do not panic, and do not be broken before them” (ibid. 20:3). 

Furthermore, he is responsible for the blood of the entire Jewish nation. If he is not valiant, and if he does not wage war with all of his heart and with all of his soul, it is considered as if he shed the blood of everyone, as it is stated: “Let him go and return to his house, and let him not melt the heart of his fellows like his heart” (ibid. 20:8). This is explicit in the prophetic tradition: "Cursed be the one who carious out the mission of Hashem deceitfully. Cursed be the one who withholds his sword from bloodshed" (Yirmiyahu 48:10). 

And anyone who wages war with his entire heart, without fear, with the sole intention of sanctifying God’s Name, can be assured that he will not be hurt, and will not be overtaken by harm. He will build a proper household in Israel and merit for himself and for his children forever. He will also merit eternal life in Olam ha'Ba (the World to Come), as it is stated: "for Hashem shall certainly make for my lord an enduring house, for my lord fights the wars of Hashem; and no blame has been found in you in your days … and my lord’s soul will be bound up in the bond of life, with Hashem, your God" (Shmuel I 25:28-29).

In light of this description, we can identify four qualities that the Jewish soldier must possess: 

(1) Self-knowledge: We live in a culture which regards rash, unthinking, “macho” bravery as the hallmark of a hero. The Torah disagrees. A Jewish soldier must be able to look at himself and honestly assess whether he’ll be able to withstand the terrors of war. If he is able to do so, he must accept his responsibility, but if not, he must step back, no matter how much societal pressure he faces. By coming to terms with his fear and removing himself from battle, he will be sparing the lives of his brethren. It takes true courage to face oneself, and this is the type of courage that the Torah demands from the soldiers of Israel. 

(2) Self-control: The Torah expects a Jewish soldier be in complete control of his mind and his emotions during battle. He must clear all thoughts unrelated to the war from his mind – even thoughts of his wife and children – and he must be in total command of his emotions. He must be embody true gevurah (might), as Chazal teach: “Eizehu gibor? ha’kovesh es yitzro” “Who is mighty? He who conquers his emotions” (Avos 4:1). 

(3) Ahavas Hashem (Love of God): The American soldier fights for freedom and democracy, and the Japanese soldier fights for the honor and glory of his nation, but the Jewish soldier fights for Yichud ha’Shem (the Oneness of God’s Name) and Kiddush ha’Shem (the Sanctification of God’s Name). It is no accident that the Meshuach Milchamah begins his speech with the words, “Hear, O Israel” and that the Rambam rules that a soldier must wage war “with all of his heart and with all of his soul.” When the Jewish soldier fights, he is engaged not only in a physical war, but a philosophical war – a war with the ultimate goal of establishing Malchus Hashem (the Kingdom of God), which will ultimately bring knowledge of God to all mankind. 

(4) Bitachon (Trust in God): Last but not least, the soldier of Israel must trust in Hashem to protect him and to bring him to victory. He must recognize that it is Hashem Who is the cause of his success. Of course, whether or not he is protected depends on his adherence to Torah, and he mustn't rely on a miracle or believe himself to be immune to harm. Nevertheless, Chazal teach (Sotah 42a), based on the Meshuach Milchamah’s use of the phrase “Shema Yisrael,” that even if a soldier only has the merit of the mitzvah of krias Shema, he is worthy of Hashem’s salvation.

This last point is underscored by the Meshuach Milchamah's statement: "For Hashem, your God, is the One Who goes with you, to fight for you with your enemies, to save you!" (Devarim 20:4). This pasuk was also chosen as the conclusion to the contemporary prayer composed for the IDF. The Ramban explains that this statement serves a dual purpose:

It warns [the soldiers] not to be fainthearted and not to be afraid of their enemies, and it [also warns them] not to trust in their own might, thinking in their heart, "We are mighty soldiers who are for war!" but rather, they should turn their hearts to Hashem and trust in His salvation and think about the fact that "not in the strength of the horse does He desire, and not in the legs of man does He favor. Hashem favors those who fear Him, those who hope for His kindness" (Tehilim 147:10)

The Jewish soldier must avoid two extremes: being overtaken by fear of his enemy, and becoming overconfident in his own abilities. Both erroneous viewpoints stem from a common foundation: belief in the supremacy of human power. In truth, we humans are very limited. There are a myriad factors outside of our control, and what little control we have we owe to hashgachas Hashem (God's providence over mankind). The Meshuach Milchamah's statement is designed to remind us that the true power belongs to Him, Alone.

The final chapters of The Laws of Kings and Wars discuss the final chapters of human history: Yemos ha'Moshiach (the Messianic Era), in which all wars will cease, and mankind will enjoy peace and tranquility, due to the abundant overflow of yedias Hashem (knowledge of God). May the present war be speedily brought to an end, and may the Redeemer of Israel save us from the darkness of ignorance and exile, and usher in the era of knowledge and light for all human beings.