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Laws of Wars
Laws of Government
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A
A king should not wage other wars before a
milchemet mitzvah
. What is considered as
milchemet mitzvah
? The war against the seven nations who occupied
Eretz Yisrael
, the war against Amalek, and a war fought to assist Israel from an enemy which attacks them.
Afterwards, he may wage a
milchemet hareshut
, i.e. a war fought with other nations in order to expand the borders of Israel or magnify its greatness and reputation. There is no need to seek the permission of the court to wage a
milchemet mitzvah
…
Mishneh Torah, Kings and Wars 5-8
MISHNA:
The mishna continues its discussion of the speech given before battle.
“And the officers shall speak to the people, saying: What man is there that has built a new house, and has not dedicated it? Let him go and return to his house,
lest he die in the battle, and another man dedicate it” (Deuteronomy 20:5). He is sent home if he is
one who builds a storehouse for straw, a barn for cattle, a shed for wood,
or
a warehouse.
Similarly, it applies if he is
one who builds, or
if he is
one who purchases, or
if he is
one who inherits…
Sotah 43a:4-43b:5
The Gemara asks further: This works out
well
in terms of resolving the contradiction with regard to
his dead
relative.
However,
the contradiction between the ruling in the mishna that one who rends his garment in
his anger
is not liable, and the ruling in the
baraita
that one who rends his garment in
his anger
is liable,
is
still
difficult.
The mishna exempts one who rends garments in anger, while the
baraita
deems him liable. The Gemara answers: The contradiction between
his anger
in the mishna and
his anger
in the…
Shabbat 105b:7-9
§ The mishna teaches:
These
are the men
who do not
even
move from their places:
One who
built a house and dedicated it
within the year; one who planted a vineyard and used its fruit for less than a year; one who marries his betrothed and one who marries his
yevama
, as it is stated: “When a man takes a new wife, he shall not go out with the army, neither shall he be charged with any business; he shall be free for his house one year, and shall cheer his wife whom he has taken” (Deuteronomy 24:5)…
Sotah 44a:9-44b:2
MISHNA:
And
the king
brings out
people
for
conscription in
an optional war,
i.e., a war that is not mandated by the Torah and is not a war of defense,
on the basis of a court of seventy-one, and breaches
fences of anyone in his way
to create a pathway for himself
for his various needs,
and no one can protest his power. The pathway of the king has no measure,
neither lengthwise nor widthwise, and one cannot protest that this pathway is wider than necessary…
Sanhedrin 20b:4
With respect to the mishna’s comments about the verse:
“Let not your heart faint; fear not,
nor be alarmed, and do not be terrified of them” (Deuteronomy 20:3),
the Sages taught
(
Tosefta
7:18): The priest
speaks with them twice, one
time when they are gathered for war
at the border, and one
time when they are
on the battlefield
itself. When they are
at the border, what does he say?
Sotah 42a:16
Rava said:
With respect to
the wars
that
Joshua
waged
to conquer
Eretz Yisrael,
all agree
that they were
obligatory.
With respect to
the wars
waged by
the House of
King
David for
the sake of
territorial expansion, all agree
that they were
elective
wars.
When they disagree,
it is with regard to preventative wars that are waged
to reduce the gentiles so
that they will
not come
and wage war
against them…
Sotah 44b:8
There are
those
who say
a different version of this dispute.
With regard to the second act of intercourse everyone agrees that it is prohibited, as she is a convert,
and a priest may not marry a convert.
When they disagree
it is
with regard to the first act of intercourse. Rav said
it is
permitted, as the Torah spoke only in response to the evil inclination. And Shmuel said it is prohibited,
as
any
situation
that one can read with regard to it: “Then you shall bring her home to your house”
(Deuteronomy 21:12)…
Kiddushin 21b:20-22a:1
The Sages taught
in a
Tosefta
:
One may not lay siege to cities of gentiles fewer than three days before Shabbat,
to avoid the need to desecrate Shabbat in establishing the siege.
And if they
already
began
establishing the siege fewer than three days before Shabbat,
they need not stop
all war-related actions even on Shabbat.
And so Shammai would say:
From that which is written: “And you should build a siege against the city that is waging war with you
until it falls”
(Deuteronomy 20:20)…
Shabbat 19a:9
§
Rabbi Abba would kiss the rocks of Akko,
which was on the coast of Eretz Yisrael.
Rabbi Ḥanina would repair its stumbling blocks,
i.e., any potholes in the land, so that travelers would not fall and consequently speak ill of Eretz Yisrael.
Rabbi Ammi and Rabbi Asi
Ketubot 112a:18
It was taught in the
Tosefta
that
Rabbi Yehuda ben Teima says: They may also encamp in any place, and in the place where they were killed, there they are buried.
The Gemara raises a difficulty: This is
obvious,
as a body of a dead soldier
is
considered to be
a corpse with no one to bury it [
met mitzva
],
and the principle is that
a
met mitzva
acquires its place.
In other words, the body must be interred where it is found, and the owner of the field cannot prevent burial…
Eruvin 17a:21-22
§ In connection with the prohibition against cutting down trees the Gemara notes:
Rav said
with regard to
a palm tree that
still
produces
fruit in the amount of
a
kav
,
that it is
prohibited to cut it
down due to the prohibition of: “When you shall besiege a city…you shall not destroy the trees” (Deuteronomy 20:19). The Gemara
raises an objection
to the statement of Rav from what was taught in a mishna (
Shevi’it
4:10):
How much
fruit must
be on an olive tree so
that one may
not cut it
down?
A quarter
-
kav
…
Bava Kamma 91b:17-92a:3
Rava bar Rav Ḥanan
said to him: I
myself
will not cut them down, as Rav said:
With regard to
this palm tree that produces one
kav
of fruit, it is
prohibited to cut it down,
due to the verse: “You shall not destroy the trees” (Deuteronomy 20:19).
And Rabbi Ḥanina says: My son Shikhḥat died only because he cut down a fig tree before its time.
Rava bar Rav Ḥanan continued:
If the Master is amenable
to do so, he
may cut
them down, but I will not do it.
Bava Batra 26a:11
Ravina objects to this: And let
the
tanna
also enumerate one who chops down beautiful
fruit
trees
in the course of plowing,
and its prohibition is from here: “For you may eat of it, and you shall not chop it down”
(Deuteronomy 20:19).
Makkot 22a:10
Concerning this, it is
taught
in a
baraita
: If one
spoke between
donning the
phylacteries
of the arm
and
the
phylacteries
of the head,
he has a sin, and due to
that sin
he returns from the ranks of
soldiers waging
war.
This is referring to the preparation for war, when the officers announce: “What man is there who is fearful and fainthearted? Let him go and return to his house” (Deuteronomy 20:8). The Sages explained that this is referring to one who is fearful due to his transgressions.
Menachot 36a:4
The Gemara asks: Why is there a need to establish the mishna as discussing a case where one planted the first tree for a fence or for beams?
But let
the mishna
be established
as referring
to a vineyard belonging to two partners,
where the two trees involved in the grafting were co-owned by partners, and both trees were young.
As
in this case
this
one man
returns due to his
tree
and that
other man
returns due to his
tree.
Rav Pappa says:
Since the Gemara avoids the scenario of the vineyard belonging to partners in favor of…
Sotah 43b:10-11
A corpse occupies four cubits with
regard to
impurity,
as the Sages decreed that one becomes impure when he stands within four cubits of a corpse. This measure protects priests and others who are forbidden to contract ritual impurity imparted by a corpse, so that they do not inadvertently become impure.
And the
tanna
of the mishna
taught
in another mishna as well (
Oholot
15:8): With regard to
a courtyard
adjacent to
a grave, one who stands within it is ritually pure, provided that there are four cubits
by four cubits
within it…
Sotah 44a:1
§ In relation to the basic point raised by the mishna concerning living in Eretz Yisrael,
the Sages taught: A person should always reside in Eretz Yisrael, even in a city that is mostly
populated by
gentiles, and he should not reside outside
of
Eretz
Yisrael,
even in a city that is mostly
populated by
Jews.
The reason is
that anyone who resides in Eretz Yisrael is considered as one who has a God, and anyone who resides outside
of
Eretz
Yisrael
is considered as one who does not have a God…
Ketubot 110b:23-25
MISHNA:
The Sages
exempted
a soldier
in
a military
camp
in
four matters: One may bring wood
for kindling
from any place
with no concern that he is stealing wood from its owners;
and one is exempt from
ritual
washing
of the
hands
before eating;
and
one is exempt
from
the separation of tithes from
doubtfully tithed produce [
demai
],
i.e., produce purchased from an
am ha’aretz
, one who is not diligent in separating tithes;
and
one is exempt
from establishing an
eiruv
.
Eruvin 17a:15
As it is taught
in a
baraita
: The Torah permits a Jewish soldier to take a beautiful female prisoner of war out of her captivity in order to marry her. Before he may do so, she must first undergo the process that the Torah describes: “And she shall shave her head, and do her nails; and she shall remove the raiment of her captivity from upon her, and she shall remain in your house
and bewail her father and her mother
a month of days” (Deuteronomy 21:12–13). She may then be immersed for the sake of conversion, even though she does not accept upon herself the yoke of mitzvot…
Yevamot 47b:18
Related
ראו גם
Annihilating the Memory of Amalek
Waste Not (Bal Tashchit)
The Priest Anointed for War
Sheets
דפי מקורות
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