Melachim uMilchamot – Chapter 6: Laws of Offering Peace, Conducting War, and Maintaining Holiness in the Camp
Halacha 1 – Requirement to Offer Peace Before War
A king may not wage war—neither optional nor obligatory—until he first offers peace. If the enemy accepts peace and agrees to keep the Seven Noahide Laws, they may not be killed but must accept both subjugation (remaining lowly and never ruling over Jews) and tribute (supporting the king’s needs with labor and money). If they accept only one of the two, the offer is rejected.
Halacha 2 – Terms of the Peace Agreement
In offering peace, the king may demand various financial arrangements: taking half their wealth, all their land but leaving them movable property, or vice versa.
Halacha 3 – Prohibition Against Deceit
It is forbidden to deceive any nation once they accept peace and accept the Noahide Laws. The agreement must be honored faithfully.
Halacha 4 – Rules When Peace Is Refused
If they refuse peace or refuse the Seven Laws, war is waged. All adult males are killed; women and children are taken as captives. This applies to optional wars.
However, for the seven Canaanite nations and Amalek, if they refuse peace, no one may be left alive. Joshua’s wars prove that peace was offered but refused.
Halacha 5 – Joshua’s Three Letters
Before entering the Land, Joshua sent three messages to the Canaanites:
- Whoever wishes to flee may flee.
- Whoever wishes to make peace may make peace.
- Whoever wishes war may fight.
The Gibeonites tricked Israel because they assumed they would not receive another offer. The princes struggled with this situation because making a covenant was forbidden; they spared the Gibeonites only to avoid desecrating God’s name.
Halacha 6 – Ammon and Moav
No offer of peace is made to Ammon and Moav, based on “Do not seek their peace or welfare.” If they themselves request peace, it may be accepted.
Halacha 7 – Rules of Laying Siege
A city should not be surrounded on all four sides—only on three. One side must be left open to allow civilians and anyone wishing to flee to escape.
Halacha 8 – Prohibition Against Destroying Fruit Trees (Bal Tashchit)
It is forbidden to cut down fruit trees during a siege or destroy their water supply. Violation incurs lashes. This applies even outside wartime—destroying a fruit tree out of destructive intent is forbidden. Exceptions:
- If the tree harms other trees or fields.
- If its wood is worth more than its fruit.
Halacha 9 – Cutting Non-Fruit Trees and Low-Yield Fruit Trees
Non-fruit trees may be cut freely. Fruit trees producing very little (e.g., an olive tree yielding less than ¼ kav, or a date palm less than 1 kav) may also be cut.
Halacha 10 – General Law of Bal Tashchit
Not only trees: destroying utensils, garments, buildings, springs, or food out of destructive intent violates “Do not destroy.” Though lashes are not given, one receives rabbinic disciplinary lashes.
Halacha 11 – War on Shabbat
A siege should begin at least three days before Shabbat. Battle may continue even on Shabbat, in both obligatory and optional wars, as the Torah commands fighting “until you subjugate the city.”
Halacha 12 – Burial of Fallen Soldiers
The army may camp anywhere. A soldier killed in war is buried where he falls; that place becomes his burial ground like that of a meit mitzvah.
Halacha 13 – Four Leniencies in an Army Camp
- Demai produce may be eaten.
- No requirement to wash hands before bread.
- Any wood may be taken, even pre-cut and dried wood.
- No need for eruv chatzeirot—carrying is permitted if the camp is enclosed by a ten-handbreadth barrier.
These leniencies apply both during war and upon return.
Halacha 14 – Lavatories Outside the Camp
It is forbidden to defecate in the camp. A designated bathroom area must be established outside the camp, as commanded in Deuteronomy 23:13.
Halacha 15 – Soldiers Must Carry a Spike
Each soldier must carry a spike to dig with when relieving himself and must cover his excrement afterward. These laws apply whether or not the Ark is present, because the camp must always remain holy.
