Deuteronomy 20
PATshout, as if they were sure of victory. Neither be ye terrified, when you hear the trumpet sound an alarm to the battle. So Moses Kotzensis. (See Schickard, cap. 5. Theor. 16. p. 115.) And such a passage Wagenseil observes out of Philostratus, lib. ii. cap. 5. upon the Gemara of Sota, cap. 8.’ sect. ii. p. 876. by an uninterrupted conversation together in its beginning. The Jews were so favourable in this matter, that they say, if five brethren were in the war together, and one of them avas slain, leaving a -widow without issue, nil the remaining four returned home; because every one of them, in their •order, in case those before him refused, was to raise up seed to his dead brother. nations.’] This clemency to the women and little ones, is limited to those that were not inhabitants of the land of Canaan; who, in the following verses, arc ordered to be otherwise treated. For by the laws of war among all nations, the conqueror might use those whom he subdued as he pleased. Sec Grotius, lib. iii. de Jure Belli et Pacis, cap. 4. sect. 5. where, among other things, he quotes that saying of Marcellus in Livy, iJ Quicquid in hostibus feci, jus belli defendit," Whatsoever I have done ivith enemies, tlie right of war defends it. Vcr. 1G. But of the cities of these people, which the Lord thy God doth give thee for an inheritance.] The cities of the land of Canaan. TJiou shalt save alive nothing that breatheth.] i. e. Neither man, woman, nor child, as we “speak. But their cattle (except in few cases, when they were appointed to be a cherem, i. e. accursed) were not to be killed, as appears from Josh. xi. 14. And’the slaughter of all the people, is to be understood only in case they did not surrender when they were summoned, but rejected the conditions of peace that were offered to them. After this, no mercy was to be had upon them. (See Exod. xxiii. 32.) In which their condition was worse than any other people’s, whose men were only to be slain, (ver. 14.) but not women and children. For which difference there was a great reason, as I shall shew presently; but if we could see none, we ought to consider that it was done by God’s command; who, as he is most just and merciful, so hath a greater, right over men, than we have ov<*r beasts, as Grotius well observes; who alleges many examples of the like practice in the heathen world,.both among Greeks and Romans. (See lib. iii. de Jure Belli et Pacis, cap. 4. sect. 9.)
Deuteronomy 20:1
TV TIEN thou goest oiit to battle against thine enemies!. Who either invaded them, (as in Judg. xi.) or with whom they had a just quarrel, because of injuries done them, without satisfaction: such as that mentioned 2 Sam. x. 4, &e. And seest horses.] Which the Israelites wanted, (as I observed upon xvii. 1G.) their armies consisting of footj men; who were taken from the plough, or from the sheepfolds. And chariots.] Which carried a certain number of men in them; and when they vrercfalcati (as they called them) were very formidable. For they made terrible slaughters among the enemy, cutting down men as we do grass, with a scythe or sickle. The Canaanites had great numbers of them, Josh. xi. 4. and Judg. iv. 3. - Be not afraid of them.] The Israelites were trained up to confide in God, and not in horses (which their country, as I said, did not afford, and consequently they had no chariots)^ nor.in multitude of soldiers. And we find remarkable instances of this, particularly in Jehoshaphat, (2 Chron. xx. G, &c. 17.) who followed the example of David, whose words •are most memorable, Psalm xx. 7. " Somo trust in chariots, and some in horses* but we will remember tho name of the Lord our God.” (See also Prov. xxi. 21.) * For the Lord thy God is with thee, which brought thee out of the land of Egypt.] That was such an instance of his power, as made it unreasonable to doubt of good success, when he was present with them; as he always was while they continued faithful worshippers of him. The translation of Onkelos is here very remarkable;.which is, Tlie Lord thy God, his Word is thy help: which plainly denotes another Divine person, the same with Jehovah..
Deuteronomy 20:2
It shall be when ye come nigh unto the battle. Are about to give or receive the assault. That the priest shall approach and speak unto the people.] The Jews say there was a priest appointed for this very purpose, whom they call Maschuach Milchama, anointed of war, he being set apart, as they say, to this office by an unction, and that with the same oil which the king was anointed withal. ^His office was to blow M’ith the trumpets, to make the following speech unto the army, when they were preparing to join battle; and when they first went out, to exhort all new buildcrs,-planters, and married men, to return back; and when they were drawn up in battalia, to exhort all that were fainMieaKed to leave the army and go home. (See Numb. xxxi. G.) A great many of the Jewish doctors thus explain this, particularly Mainionides, who may serve instead of all. See Schickard, Jus Regium, cap. 5. Theor. 18. and Hottinger, in his Ilistor. Eccles. Seculum xvi. par. ii. p. 689, 690, &c. where he produces an excellent discourse out of 11. Levi Barzelonita’s Catechism, to shew the office of this 7ro\ifx6xpiaTog, anointed for the war; and the reason why he was appointed to it For soldiers (saith he) in the time of war, have great need to be heartened and confirmed in their resolution. And because the more honourable any one is, the more willingly men hearken to him; therefore the law required, that he, who was to encourage others, should be a select personhimself, and a priest, to whom they would be apt to pay a great reverence.
Deuteronomy 20:3
And shall say unto them, &c. Going from one battalion (as we now speak) unto another: or else, ordering the officers (mentioned ver. 5.) to go about and speak every where what he did at the head of the &rmy. And he was to speak in the Hebrew language, and no other, as the Jews say, inMischnaSota, cap. 8. sect. 1. And they have a conceit, that the Romans learnt both the form of encamping out of Moses’s law, and also to make orations to their soldiers before they went to fight, as J. Wagcnseil observes out of Shilte Hagibborim; though it is more reasonable to think, that common sense taught those that were leaders of others to encourage them to follow them. Ye approach this day unto battle against your enemies.] Who often appeared very formidable, by the vast number of their horses and chariots, which the Israelites wanted. Let not your hearts faint.] So we well translate the Hebrew word, be soft, or tender. Which though it be a quality highly commendable with respect to God, (2 Kings xxii. Id.) yet the contrary became them towards their and his enemies. Fear not, and do not tremble.] Trembling, or, as the Hebrew word is, making haste, f. e. running away, is the effect of fear. Neither be ye terrified because of them.] Sometimes a great dread of danger made men run away; and sometimes so dismayed them that they could not stir, much less strike a stroke. Some of the Jewish doctors fancy, tliat the four several words here used are opposed to so many actions of their enemies, whereby they hoped to strike a terror into them. Let not your hearts fainty when your enemies brandish their swords, and clash them one against another. Fear not, when you hear the prancing of their horses, and the terrible rattling of their chariots. And do not tremble, when they
Deuteronomy 20:4
For the Lord your God is he that goeth with you, to fight for you against your enemies. Sometimes the ark of God’s presence went before them, when they entered into Canaan, (Josh. iii. 3. 10, 11, &c.) and in the midst of them, when they compassed Jericho, (Josh. vi. 9.) So that God was properly then said to go with them, or in the midst of them, as the Vulgar Latin here translates it. And at all other times he was present, by his power, to aid them, especially against the people of Canaan, with whom their battles were said to be the wars of the Lord. To save you.] To preserve them by the defeat and overthrow of their enemies..
Deuteronomy 20:5
And the officers shall speak unto the people, saying. This the Jews, particularly Abarbinel, think was spoken by the priest beforementioned, and then proclaimed by the officers, called schoterim, of whom I have observed enough before, xvi. 18. and other places. They that would see more may consult J. Wagenseil upon that title, in the Mischna called Sota, cap. 8. p. 854. But by whomsoever this was spoken, it seems most likely to have been delivered before they drew nigh to the battle, (see ver. 2.) at the first mustering of the army,. What man is there that hath built a ntw house, and hath not dedicated it?] i. e. Hath not yet dwelt in it. For at their first entrance to dwell in a house, they made a feast, which being the first meal they made there, was called chanach, or dedication; as the same Wagenseil observes put of Michlol Jophi. (See in cap. 8. Sota, sect. 2. annot. 3.) And because a year is allowed to a man to enjoy his wife, before he be obliged to go to the wars, (xxiv. 5.) they allow the same time in these other cases, for the enjoyment of a new house, or of a vineyard; as many have observed, particularly Selden, (lib. iii. de Synedr. cap. 13. n. 1. and Schickard, in his Jus Regium, cap. 5. Theor. 16, 17.) And they understand this, not only of a new-built house, but of a house newly come into a man’s possession, either by succession, purchase, or gift; yet not of such houses as were not fit for habitation, as Mr. Selden reports their opinion, (lib. iii. de Uxor. Hebr. cap. 3.) In which he seems to have forgot himself; for the Mischna in Sota, cap. 8. sect. 2. saith expressly, this is to be understood of him that built a house, wherein to lay straw, to make a stable, a barn, or a granary; because, as Wagenseil there notes, such places might, in case of necessity, be turned into a dwelling-house. Let him return to his house, lest he die in the battle, and another man dedicate it.] This was allowed in those wars only which they made voluntarily, but not of those which were ex prcecepto, by the Divine commandment, against the seven nations of Canaan and Amalek, in which every man was bound to engage. And so are the other cases, which here follow, to be understood, as all the Jewish writers agree. Another ma/t dedicate it.] First enjoy it; for this word here does not denote any consecration (as in other places), but beginning to use a thing; which in our English language (as Mr. Selden observes in the place forenamed) we call taking handsel of it; and so the Spanish Jews express it in their translation.
Deuteronomy 20:6
And tvhat man is he that hath planted a vineyard, and hath not yet eaten of it?. Which he could not lawfully do for the three first years after it was planted. (See Lev, xix. 29, &c.) And in the fourth year, the fruit of it was to be carried to Jerusalem, and eaten there; after which, the fruit of the fifth year was wholly his own, when it was no longer sacred (as the Hebrew word chillel signifies), but common for every body’s use. Aben Ezra takes the word in the sense of rejoicing; as if he had said, “.Who hath planted a vineyard, and hath not danced in it;” for that was the custom (he saith) when they first enjoyed the fruits of their vineyards. And to this the LXX. seem to have had respect, when they translated it, ouk eixppavQri 1% avrov, he hath not been made merry by it. But the other notion is more proper; and the Jews understand it, not only of vineyards, but of all other plantations wherein there were fruit-trees fit for food, if there were five of them planted together in good order, such as R. Solomon and Wagenseil have described: and see Selden, Uxor. Hebr. lib. iii. cap. 3. p. 334. Let him also go, and return to his house,’lest he die in the battle, and another man eat of it.] The ground, both of this and the foregoing proclamation (and of the next also), seems to have been, that the minds of such men were commonly very much disturbed, to think of leaving what they had taken a great deal of pains about, and enjoy nothing of it; which would naturally make them fight with less courage. So R. Solomon. And Josephus much to the same purpose: firj tt6%<i) tovtojv
Deuteronomy 20:7
And what man is there that hath betrothed a tvife, and hath not taken her, &c. The Jews interpret this law, either of one who had espoused a wife, and not yet brought her home; or of one that had but newly completed his marriage. And whether he had marrieda widow or a virgin, an old woman or a young, it was the same thing. Yea, they extend it to him who had married his brother’s wife; but hot to him who had married a person prohibited to him by the law, or him that took his own wife again, whom he had formerly put away, because she was not a new wife, as the phrase is, Deut* xxiv. 5. where the time being limited, how long such a man should be free from the war, viz. for one year, they extend it, as I said, to the other two cases; that so long men might enjoy a new house, or a vineyard, after the first use of them, as the law allowed them to enjoy a wife before they went to war, (See Selden, lib. iii. Uxor. Hebr. cap. 3. and Schickard, in his Jus Regium, cap. 5. Theor. 17.) And it must be confessed, that this is a law of great equity, founded in nature, that conjugal love should not be disturbed; but have some time to knit into a strong and stable affection,,
Deuteronomy 20:8
And the officers shall speak further unto the people, and they shall say. Make this new proclamation throughout the camp. Wliat man is there that is fearful and faint-hearted?] This some of the Jews understand of a natural timorousness, which makes men quake at every danger; and others refer it to those that were old, in whom that heat and vigour, which make men valiant, were quite abated. Upon winch account they w T ou!d % not admit one who had no children to go to war (if we may believe Maimonides), because ho was not thought masculine enough; or rather, because they would not cut off all hope of his having posterity. But there are those who understand this of the terrors of an evil conscience. (See Sota, cap. 8. sect. 5.) For they did not do as we arc-wont in these days (who send the wickedest villains into the wars); but if they knew any manto be guilty of a great crime, thrust him out of the army, lest they should all fare the worse for having him among them. (See Schickard, in his Jus Reginm, cap. 5. Theor. 17. p. 124.) Let him go and return to his house, lest his brethren’s lieart faint as well as his heart.] For the cowardice of •some might enfeeble the rest, Yet all these who were thus dismissed, w T ere bound (if required) to furnish the army with victuals and water, to clear the ways, and to take up their quarters; as! it is in the foregoing place in Sota, cap. *8.ivherc Joh. Wagenseil observes, that they, who restrain these offices only to the fearful/are mistaken.
Deuteronomy 20:9
And it shall be when the officers have made an end of speaking to the people, that they all make captains of the -armies to lead the people. This shews that what I. noted, ver. 5. is true; that the foregoing proclamation was made before they marched forth to the war: for how should they march till there were captains chosen, to lead the several armies (as those companies, into which they were divided, tire called), which was not done till he had spoken all the forenamed things. And if we translate the words as they maybe out of the Hebrew [they shall place or set captains of the hosts in the head, or the front, of the people], still it must be supposed, that this was done before they stirred a foot; for no order could be observed without leaders.
Deuteronomy 20:10
When thou comest nigh nnto a city to fight ngainst it, then proclaim peace unto it. I have often noted; that there were two sorts of war which the Jews undertook: one by the Divine commandment against the seven nations of Canaan; another voluntarily, when they themselves found just cause to make war upon any other neighbouring nation. Now this precept many of the Jews will needs under^ stand only concerning the latter sort of w r ar; for the Canaanitcs were -to be utterly destroyed, without mercy. But Maimonides and Moses Kotzcnsis take it to belong to both sorts of war. So the former of them in-express words: “It was not lawful to make war upon any one whatsoever, before they offered them terms of peace,” &c. Only they think the Ammonites and Moabitcs were to be excepted by that law: (xxiii. G.) yet they temper it thus; that if those nations desired peace of themselves, it was to be granted to them, though not offered. And the most anc?cnt writers of the Jews say, that Joshua sent three messages to the seven nations of Canaan before he invaded them, though he undertook the war with a command from God to destroy them; viz. if they did not submit to the summons which was sent them, either to flee, or to make peace; which was the subject of the two first messages. The next was a denunciation of war against them, as they say in the Jerusalem Talmud, quoted by Mr. Selden, lib. vi. de Jure Nat. et Gent. cap. 13. and see the learned J. Wagenseil, in annot. upon Sota, p.845. Maimonides was of opinion, that the Gibeonites had not heard of these proclamations, which made them use craft to procure mercy from the Israelites. But P. Cunceus thinks it more probable, that they had Tefused, at first, to submit to Joshua’s summons; but seeing him victorious, they betook themselves to that artifice, mentioned in the book of Joshua, when they could not hope for peace by any other means, (lib. ii. de Republ. Hebr. cap. 20.)
Deuteronomy 20:11
And it shall be, if it make thee an answer of peace, and open unto thee. Accept of the conditions offered to them, which were three. First, that they should take upon them the observation of the several precepts of the sons of Noah, and consequently renounce idolatry. Secondly, pay them a yearly tribute: and, thirdly, become their subjects. (See Selden, lib. vi. de Jure Nat. et Gentium, cap. 4. and Schickard, in his Jus Regium, cap. 5. Theor. 1G.) Then it sltall be, that all the people that is found therein shall be tributaries unto thee, and they shall serve thee.] Here arc two of the conditions beforementioned; and the first was necessarily supposed, because the Israelites were not to suffer any of their gods to remain among them. For though by serving the Israelites is not meant being made their slaves, yet it imports that they were to live in due subjection to them as their governors, who might employ them in their public works, as repairing the king’s palace, the walls of cities, &c.
Deuteronomy 20:12
And if,it will make no peace with thee, but mil make war against thee; then thou shalt besiege it. Without any further summons to yield upon conditions of peace.
Deuteronomy 20:13
And when the Lord thy God shall deliver it irAo thy hand. Of which they were not to doubt, ver. 4. Thou shalt smite every male thereof with the edge of tM sivord.] Which was a just punishment for their obstinacy; of which the men, wiio were here condemned to destruction, were the authors, and suffered the more justly, because they were told, no doubt,. beforehand, that if they did not yield when conditions were offered to them, they must expect this execution.
Deuteronomy 20:14
But the icomen and the little ones. Who had not offended, by rejecting conditions of peace, nor could do any harm. And by little ones are to be understood male children, as well as female. And the cattle, and all that is in the city, even all the spoil thereof] Money, household-stuff, and all manner of goods. Shalt thou take nnto thyself &c] This was granted to them as a reward of their service in the war.
Deuteronomy 20:15
Thus shalt thou do unto all the cities which are very far off from thee, which are not of the cities of these
Deuteronomy 20:17
But thou shalt utterly destroy them. After they had slighted all offers. of peace. Some of the Jews, indeed, have been so merciful as to think this not a command, but a permission; which warranted them to kill all, without any distinction of sex or age; yet did not so enjoin it, but that they might, after they had taken a city, spare such as repented, and offered to become proselytes of the gate. This was the opinion, one would think, which, anciently prevailed, * as Sclden observes, (lib. vi.de Jure Nat. et Gent. cap. 1G.) because we find the relics of these people often mentioned in the Bible. And this is agreeable also to the law of nations, that such as beg mercy should be spared; which flowed from the ancient right which such persons were thought to have to it, as David Chytraeus observes out of Thucydidcs, lib. iii. and the known verse of the oracle, M^y fKcrac aSficciv, iKirai hpoi r« Kat dyvoi. ■Not to hurt supplicants, who are sacred, and acquitted of their offences. He doth not mention the place where this oracle was uttered; but Ezckicl Spanhemius hath lately observed out of Pausanias, that it was at Dodone. Sec Observationcs in Callimachi Hymnum inDianam, vcr. 123. where he notes, that from hence Jupiter was called’iKimog, because he was accounted a severe and implacable avenger of all violence done to supplicants. And they arc supplicants (says the same Chytraeus) who confess their sin, and, acknowledging they deserve punishment, give themselves up to the pleasure of the conqueror;‘but beg the punishment may be mitigated by mercy and clemency. Namely the Hittites and the Amorites, the Canaanites and the Perizzites, the Hivites and the Jebusites, as the Lord thy God hath commanded thee.] He distinctly men^ tions the nations which were to bo utterly destroyed, that this severity might be extended no further. And so he had done before, vii.l. where he mentions seven nations, though here are only six, theGirgashites being omitted. The reason of which Maimonides (in Hilcoth Melachim) thinks to be> that they upon the first summons of Joshua fled the country into Africa; and therefore arc not named in Josh. ix. 1, 2. among those that " gathered themselves together to fight against Israel." But I take the true reason of this to be, that the Girgashites were a people mixed among the rest; and did not live in a separate part of the country by themselves: but that they opposed Joshua, as well as others, and were delivered into his hand, appearsfrom Josh. xxiv. 11. Now this looks like a great cruelty, to kill so many nations; till we consider who these people were, that God commanded to be utterly extirpated, viz. most abominable idolaters, who offered their children to Moloch, as a piece of pious worship; magicians, witches, necromancers; and guilty of all those filthy lusts mentioned in Lev. xviii. For which crimes God thought them not fit to live any longer upon the face of the earth; and therefore commanded them to be utterly destroyed in this war, which wasundertaken by his order, and called therefore tlie war of the Lord. And so was that against Sihon and Og, who were likewise Amorites, and upon that score rooted out by God’s order, Numb. xxi. alt. Deut. ii. 34. For it was mercy to others not to suffer such a wicked generation to live.
Deuteronomy 20:18
That they teach you mt to do after all their abominations, which they have done unto their gods. Here is the great reason given of the forenamed severe execution, that if they had been spared, they would have infected the Israelites with their filthy idolatry. Which some make an argument, why peace was not to be proclaimed to those nations, (ver. 10.) because theyvvere so wicked, thaton no terms it was fit to suffer them to live. But they that object this against what was before said, forget, or do not consider, that the great condition of peace with them was, that they should renounce their idolatry; and then there was no such danger in sparing them. And this was so settled in the opinion of the ancient Jews, that, after they had taken a city, they thought, upon these terms, there was room for mercy. So the book Siphri, upon these very words, lest they teach you to do after all their abominations. From whence it is to be observed (saith that author), f < if they repented, the Israelites might let them live." And so R. Solomon himself; " It is to be understood, that if they repented, arid became proselytes, it was lawful to receive them." So should you sin against the Lord your God.]. Both by suffering them to live, and imitating them in their wickedness.
Deuteronomy 20:19
When thou shalt besiege a city a long time, in making war against it, to take it, thou shalt not destroy the trees thereof, by forcing an axe against them, for thene mayest eat of them, and thou shalt not cut them down.] It is very plain that he speaks of fruit-trees, such as beat apples, olives, dates, &c. which were to be preserved both in war and in peace: except in a few cases. In war, if the enemy made advantage of them, for their archers to lurk’