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    DIVINE ETHICS: TORAH’S CODE OF CONDUCT IN WARFARE

    The narrative
    involving Bilaam,
    Zimri ben Saluh,
    and the subsequent
    command to
    Moshe to take
    vengeance on Midian in Parashat Pinchas
    raises several complex questions about
    the biblical perspective on the actions of
    various nations towards Israel.
    When examining the actions of Moav in
    Parashat Balak, it is indeed understandable
    from a human perspective why Moav
    would be fearful and take defensive
    measures against Israel. The Moabites
    had seen Israel’s military successes and,
    fearing for their own survival, sought to
    protect themselves. Therefore, Hashem’s
    anger towards the nations who fought
    against Israel, specifically Moav and
    Ammon, which the command states:
    “You shall never concern yourself with
    their welfare or benefit them as long as
    you live,” needs an explanation.

    Moreover, another question arises: it goes
    to the extent that Hashem commands us
    not to ever marry any men from Moav
    and Ammon: “No Ammonite or Moabite
    shall be admitted into the congregation of
    Hashem; no descendants of such, even in
    the tenth generation, shall ever be
    admitted into the congregation of
    Hashem.” One might wonder why, then,
    Hashem permits marrying Edom, who
    declared war against Israel, and also
    allows marrying from Egypt, who
    enslaved and tortured Israel for many
    generations.
    Indeed Chazal (Bamidbar Raba 21, 4)
    already addressed this question and said:
    “Assail the Midianites and smite them”
    (Bamidbar 25:17).
    “Assail the Midianites” – Why? “For they
    assailed you” – from here the Sages said:
    One who comes to kill you, kill him first.
    Rabbi Shimon says; from where is it
    derived that one who causes a person to
    sin is worse than one who kills him? It is

    because one who
    kills, kills in this
    world, but he has a
    share in the World
    to Come, but one
    who causes him to
    sin kills him in this
    world and in the
    World to Come.
    Two nations
    greeted Israel with
    the sword, and two
    with a
    transgression. The
    Egyptians and the
    Edomites greeted
    them with the sword – (the Egyptians
    said: “I will pursue, I will overtake…I
    will draw my sword”).
    Regarding those who greeted them with
    the sword, it is written: “You shall not
    despise an Edomite…you shall not
    despise an Egyptian” (Devarim 23:8).
    However, regarding those who greeted
    them with transgression to cause Israel to
    sin: “An Amonite or a Moavite shall not
    enter…even the tenth generation…
    forever” (Devarim 23:4).
    Today, wars must also adhere to moral
    standards known as the code of conduct,
    which was agreed upon at the Geneva
    Convention. Among them are the
    prohibitions of murder, mutilation,
    torture, the taking of hostages, unfair
    trials, and cruel, humiliating, and
    degrading treatment. It seems that the
    Torah was already sensitive to such rules
    way before the Geneva Convention, and
    this is the reason for the difference in the
    way Hashem directs us to treat nations
    based on their conduct in wars,
    specifically in relation to treating our
    people with immorality and inappropriate
    violations. When Hashem tells us to take
    vengeance on Midian, saying, “Assail the
    Midianites and defeat them,” He explains
    it is because “they assailed you by the
    trickery they practiced against you.”
    Rashi explains this to mean that they sent
    their girls to cause Israel to sin with them
    and also led them to worship the idol of
    Peor. In Hashem’s eyes, this is a form of
    war that goes against the code of conduct.
    This is also what happened with Moav
    and Ammon. The pasuk says that they did
    not offer you food and water on your

    journey after you left Egypt (Devarim 23,
    5), but there is another pasuk (Devarim 2,
    29) that clearly states that Moav did offer
    food and water. The mefarshim (See Or
    Hachayim) explain that Moav did not
    initially offer any food or drink, but when
    they wanted to cause the Jewish men to
    sin, they invited them to their tents to buy
    food, and that is when they lured them.
    Also, Amalek was guilty of a similar
    crime, as the pasuk warns us: “Remember
    what Amalek did to you on your journey,
    after you left Egypt.” Rashi explains that
    Amalek immorally violated the men of
    Israel, specifically the weak and
    defenseless. Again, we see that when
    nations use immorality as a conduct of
    war, Hashem does not forgive them and
    commands us to take full revenge on
    them and never accept them into our
    nation.
    Now we clearly understand the different
    way the Torah tells us to treat the nations.
    Those who merely fought a war with us,
    even if it was brutal and deadly, are not to
    be rejected, including the Egyptians who
    enslaved us for so many years and killed
    our firstborns. But those who violate the
    rules of conduct, specifically regarding
    morality, are not forgiven.
    Needless to say, today’s enemies of the
    Jewish people are in violation of all the
    above and more. They are guilty to the
    extent that they are even proud of their
    abominations. Such people are the worst
    enemies of Hashem, who obviously hates
    them even more than He hates Amalek, as
    Amalek at least did not boast about their
    misconduct and violations against
    humanity the way the Arabs of Gaza do
    today.