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Rules of Warfare

20

When you go out to war against your enemies, and see horses and chariots, an army larger than your own, you shall not be afraid of them; for the L ord your God is with you, who brought you up from the land of Egypt. 2Before you engage in battle, the priest shall come forward and speak to the troops, 3and shall say to them: “Hear, O Israel! Today you are drawing near to do battle against your enemies. Do not lose heart, or be afraid, or panic, or be in dread of them; 4for it is the L ord your God who goes with you, to fight for you against your enemies, to give you victory.” 5Then the officials shall address the troops, saying, “Has anyone built a new house but not dedicated it? He should go back to his house, or he might die in the battle and another dedicate it. 6Has anyone planted a vineyard but not yet enjoyed its fruit? He should go back to his house, or he might die in the battle and another be first to enjoy its fruit. 7Has anyone become engaged to a woman but not yet married her? He should go back to his house, or he might die in the battle and another marry her.” 8The officials shall continue to address the troops, saying, “Is anyone afraid or disheartened? He should go back to his house, or he might cause the heart of his comrades to melt like his own.” 9When the officials have finished addressing the troops, then the commanders shall take charge of them.

10 When you draw near to a town to fight against it, offer it terms of peace. 11If it accepts your terms of peace and surrenders to you, then all the people in it shall serve you at forced labor. 12If it does not submit to you peacefully, but makes war against you, then you shall besiege it; 13and when the L ord your God gives it into your hand, you shall put all its males to the sword. 14You may, however, take as your booty the women, the children, livestock, and everything else in the town, all its spoil. You may enjoy the spoil of your enemies, which the L ord your God has given you. 15Thus you shall treat all the towns that are very far from you, which are not towns of the nations here. 16But as for the towns of these peoples that the L ord your God is giving you as an inheritance, you must not let anything that breathes remain alive. 17You shall annihilate them—the Hittites and the Amorites, the Canaanites and the Perizzites, the Hivites and the Jebusites—just as the L ord your God has commanded, 18so that they may not teach you to do all the abhorrent things that they do for their gods, and you thus sin against the L ord your God.

19 If you besiege a town for a long time, making war against it in order to take it, you must not destroy its trees by wielding an ax against them. Although you may take food from them, you must not cut them down. Are trees in the field human beings that they should come under siege from you? 20You may destroy only the trees that you know do not produce food; you may cut them down for use in building siegeworks against the town that makes war with you, until it falls.


12. And if he will make no peace. The permission here given seems to confer too great a license; for, since heathen writers 4646     “Et cum iis, quos vi deviceris, consulendum est; tum 2, qui, armis positis, ad imperatorum fidem confugient, quamvis murum aries percusserit, recipiendi sunt.” — Cic, de Off. 1:11. command even the conquered to be spared, and enjoin that those should be admitted to mercy who lay down their arms, and cast themselves on the good faith of the General, although the battering-ram may have actually made a breach in the wall, how does God, the Father of mercies, give His sanction to indiscriminate bloodshed? It has already been stated, that more was conceded to the Jews on account of their hardness of heart, than was justly lawful for them. Unquestionably, by the law of charity, even armed men should be spared, if, casting away the sword, they crave for mercy; at any rate it was not lawful to kill any but those who were taken in arms, and sword in hand. This permission, therefore, to slaughter, which is extended to all the males, is far distant from perfection. 4747     Addition in Fr., “et equite qui doit estre en tous enfans de Dieu;” and from the equity which ought to be in all God’s children. But, although in their ferocity the Jews would have hardly suffered the perfection of equity to be prescribed to them, still God would at least restrain their excessive violence from proceeding to the extremity of cruelty. The question is as to cities taken by force, where it sometimes happens that there is no distinction of sex or age regarded; this inhumanity is here mitigated, since they might not kill either women or children.


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