Melachim uMilchamot – Chapter 5: Laws of War and Dwelling in the Land
Halacha 1 – Priority of Wars
A king must first wage a milchemet mitzvah (obligatory war) before any other war. These include:
- War against the seven nations of Canaan.
- War against Amalek.
- War to defend Israel from attack.
Only afterward may he wage a milchemet hareshut (optional war) to expand Israel’s borders or enhance its prestige.
Halacha 2 – Court Approval for Wars
For a milchemet mitzvah, the king does not need court approval and may compel the nation to fight. For a milchemet hareshut, he requires the consent of the Sanhedrin (71 judges).
Halacha 3 – Right of Passage
The king may cut through fields or vineyards to make a road for war purposes, regardless of private property, and may make the road as wide as necessary.
Halacha 4 – Command to Destroy Seven Nations
It is a positive commandment to annihilate the seven nations of Canaan, as Deuteronomy 20:17 states: “You shall utterly destroy them.” Anyone who encounters one and does not kill him violates a negative commandment: “Do not allow a soul to live.” Their memory has already been erased.
Halacha 5 – Command to Destroy Amalek
It is a positive commandment to obliterate Amalek and to remember their evil deeds, as Deuteronomy 25:17–19 states: “Remember what Amalek did to you” and “Do not forget.” The Oral Tradition teaches:
- “Remember” – verbally.
- “Do not forget” – in your heart.
We must never forget our hatred for Amalek.
Halacha 6 – Status of Conquered Lands
Any land conquered by Israel under a king with court approval is considered as conquered by the people collectively and has the same sanctity as Eretz Yisrael conquered by Joshua—provided this occurs after the original conquest of the Land.
Halacha 7 – Prohibition Against Dwelling in Egypt
It is forbidden to settle in Egypt, defined as a square of 400 parsah by 400 parsah west of Eretz Yisrael. The Torah warns three times against returning to Egypt (Deuteronomy 17:16; 28:68; Exodus 14:13). Alexandria is included in this prohibition.
Halacha 8 – Exceptions for Egypt
One may return to Egypt for trade or military passage, but not to settle permanently. Lashes are not given because the prohibition involves intent, not an act. If a Jewish king conquers Egypt with court approval, settling there would be permitted. The prohibition applies only to individuals or dwelling under gentile rule due to their depravity.
Halacha 9 – Leaving Eretz Yisrael
It is forbidden to leave Eretz Yisrael except:
- To study Torah.
- To marry.
- To save property.
- One may also leave for business but not to settle permanently unless famine is severe (e.g., wheat costs double). If one lacks resources or employment, leaving is permitted but not praiseworthy, as seen with Machlon and Kilyon, who were punished for leaving.
Halacha 10 – Love for the Land
Great sages would kiss the borders and stones of Eretz Yisrael and roll in its dust, as Psalms 102:15 states: “Your servants cherish her stones and love her dust.”
Halacha 11 – Merit of Living and Burial in the Land
Dwelling in Eretz Yisrael brings forgiveness of sins (Isaiah 33:24). Walking four cubits there earns a share in the World to Come. Burial there grants atonement, as Deuteronomy 32:43 states: “His land will atone for His people.” Living there is far greater than being buried there, though sages sought burial in the Land, as did Jacob and Joseph.
Halacha 12 – Obligation to Live in Eretz Yisrael
One should always live in Eretz Yisrael—even in a gentile city—rather than in the Diaspora, even in a Jewish city. Leaving the Land is like idol worship, as I Samuel 26:19 says: “Go, serve other gods.” Similarly, Ezekiel 13:9 warns of punishment for those who abandon the Land. It is also forbidden to leave Babylon for other lands, as Jeremiah 27:22 states.
