Rules of Engagment

(1) War is not conducted against anyone in the world until they are first offered peace (and refuse it), whether this is a Discretionary War or a War of Mitzvoh, as it says, “when you come close to the city to fight with it, you shall call to it to make peace” (Deut. 20:10). If they make peace and accept the Seven Commandments incumbent upon the Sons of Noah (Gentiles), none of them are killed, but they must pay us tribute, as it says, “and they shall be for you a tributary, and they shall serve you” (Deut. 20:11). If they propose to accept upon themselves the payment of the tribute but not servitude to us or they accept servitude but not the tribute, we ignore their proposal until they accept both. The servitude referred to here is one of disgrace and is demeaning. They are not to raise their heads up to Israel for any reason. They must be subjugated to us and may never be assigned to a Position over us. The tribute they must pay shall be for service of the king, with their bodies and their money, such as the building of the walls³⁷Of Jerusalem. and the strengthening of fortresses and the building of the royal palace and similar, as it says, “And this is the account of the levy which King Solomon raised to build the Temple of G-d, and his palace, and Milo, and the wall of Jerusalem…and all the store-cities which Solomon had…the Emorites who remained…and Solomon imposed a head-tax, until this very day. And of the Children of Israel, Solomon made none a bondsman; but they were the soldiers and his servants and his officers and his captains and those in charge of his chariots and his horsemen” (I Kings 9:15-22).

(3) It is forbidden for us to lie to them in their peace treaty or deceive them after they have made peace and have accepted the Seven Commandments.

(4) If they do not come to peaceful terms or they make peace but do not accept the Seven Commandments, we engage in war against them and slay all their adult males. We take all their money and children as spoils. We do not kill the women or minors, as it says, “the women and the children” (see Deut. 20:14 and 2:34) which means the male children. To what do we refer? To a Discretionary War with one of the other nations. However, with one of the Seven Nations or with Amalek who do not make peace, we leave no soul alive, as it says, “so you shall do with everyone…only of the cities of the nations…do not leave alive any soul” (Deut. 20:15-16), and regarding Amalek it says, “erase the memory of Amalek” (Deut. 25:19). How do we know that this is referring to those who do not make peace with us? For it says, “there was no city which came to peace with the Children of Israel except the Chivites, dwellers of Givon. Everything, they took in the war. For from G-d their hearts were strengthened to the call of war with Israel, so that they may be destroyed.” (Joshua 11:19-20). They were offered peace, and refused.

(7) When we besiege a city which we want to capture, we do not encircle it from all four sides, but only on three. We leave one side open for them to flee. Anyone who wishes to escape with his life may so do, as it says, “and you shall deploy against Midian, as G-d had commanded Moses” (Numbers 31:7). By Tradition we have learned that this is what was meant.

(8) Fruit-bearing trees must not be cut down outside of the city⁴³Under siege in order to pain them. nor do we block their irrigation water causing the trees to dry up, as it says, “do not destroy her trees” (Deut. 20:19). Anyone who cuts down a tree receives lashes. This is not only at times of a siege, but anyone at anytime who chops down a fruit-bearing tree by for destructive purposes receives stripes. The tree may be cut down if it is damaging other trees or it is damaging another’s field, or because the tree is more valuable for its wood than its fruit. The Torah only forbids wanton destruction.

(2) It is from the roots of the commandment [that it is] because the trait of mercy is a good trait and it is fitting for us - the holy seed - to practice in all of our matters. Even if the enemies are idolaters, it is for our stature - not from the angle of their being fit for mercy and kindness. And also because this thing has a benefit to us, that our king have servants that serve him and always raise him a tax, and do his work - if he needs - without his expending any expenses on them at all. And there is no benefit to us in our killing them, since they want to stay subdued under us; but rather there will be destruction in the thing and [its] teaching us the trait of cruelty, and 'the one who hears [it] will revile us.' And we are commanded about this, to benefit us in all that we have mentioned.

(1) Rema: Regarding those guilty of the death penalty in our days, we have no power to give them lashes, exile them, kill them, or beat them. Instead we censure them and distance them from the community (Tur 68 from Natronai Gaon). Thus far regarding [strictly Torah] law. However, if the beit din sees a necessity for a preventative measure, it has the authority to institue whatever punishment they see fit (ibid., from the Responsa of the Natronai Gaon), as explained above in Siman 2. This regards those instances involving capital punishment which necessitates a beit din. Cases in which the death penalty can be implemented even without a beit din, are still judged in our days, as will be explained (ibid.). One who pursuses his fellow in order to kill him, and was warned, and continued in his pursuit: Even if the pursuer was a minor, every Jew is commanded to save the pursed, even at the cost of one maiming one of the pursuer's limbs. If it is impossible to save the pursued without killing the pursuer outright, then the pursuer should indeed be killed, even though he has not yet performed the act. Rema: (Tur 67) One who "tunnels [into a house] in order steal" has this rule of pursuer applied to him, however if it is understood that his only intent is monetary gain, and that he would not kill the owner in a confrontation, then it is forbidden to kill him. See further in the Tur in this paragraph regarding one who endangers the public, such as a Jew who engages in forgery in a land where the authorities take a strict approach to such action, such a person constitutes a "pursuer" and it is permitted to turn him over to the authorities (Nimukei Maharam MiRizburg), as explained above in 388:12.