ספר דברים - פרשת שופטים - כ:י-כא:ט - שביעי

The pasuk says: When you come close to a city to wage war against it, you shall call out to it for peace. The Torah is instructing that before attacking a city, you must first offer them peace. This means you give them the opportunity to surrender and accept your terms, rather than immediately going to war. The teacher translates and explains each phrase: 'Ki sikrav el-ir' means when you approach a city, 'lehilochem aleha' means to wage war over her, and 'vekarasa eileha l'shalom' means you shall propose to her peace. The emphasis is on giving the city a chance to avoid war by accepting peaceful terms.

Rashi explains that the phrase 'Ki sikrav el-ir'—when you come close to a city—refers specifically to a milchemes harishus, an optional war. The pasuk is not talking about the wars to conquer Eretz Yisrael, which were milchemes mitzvah—obligatory wars—where the Torah commanded to wipe out the nations and did not allow offering peace. Instead, this pasuk is about wars outside of Eretz Yisrael, as explained later in pasuk 15: 'So you shall do to all the cities that are very far from you,' meaning cities not in Eretz Canaan itself, where you dwell. In those cases, you are commanded to offer peace before attacking.

The pasuk says: And it will be, if she responds to you with peace and opens up to you, then all the people found in her shall be for you as a tax, and they will serve you. The teacher explains that if the city accepts the offer of peace and opens its gates, then the people inside become subject to you—they pay taxes and serve you. This is the Torah's way of allowing the city to avoid destruction by accepting your authority and obligations.

Rashi comments on the phrase 'kol ha'am hanimtza bah'—all the people found in her—even if you find among them people from the seven nations that you were commanded to destroy, you are still permitted to allow them to live. The teacher explains that even though there is a commandment to destroy the seven nations of Canaan, if you find them in a city that accepted peace, you are allowed to let them remain alive. The key is that the city accepted the terms of peace, so the usual rule of destruction does not apply in this case.

The phrase 'l'mas v'avaducha' means they shall be for you as a tax and serve you. Rashi explains until they accept upon themselves the obligations of taxes and servitude—they become subjugated to you, paying taxes and serving as your subjects. The teacher clarifies that the process is not just about accepting peace, but also about accepting these specific conditions of taxation and bondage to the Jewish people.

And if she will not make peace with you, and she will wage war with you, then you shall besiege her. The verse is saying that if the city refuses your offer of peace and chooses to fight, you are to lay siege to it. The teacher emphasizes that this is the next step after the attempt at peace fails: if the city does not accept your conditions, there will be war, and you must besiege it.

Rashi explains: The verse is letting you know that if the city does not make peace with you, in the end, she will wage war with you. Even if you might think to just leave her alone and walk away, you need to know that if she doesn't accept your terms, there will be war. The verse is informing you of the inevitable outcome if peace is not achieved.

Rashi says on VeTzarta Aleha—you shall besiege her—even to the point of starving them, causing them to die of thirst, and to kill them through a death of diseases. The teacher explains that the siege can be so severe that it leads to starvation, thirst, and even death by illness among those inside the city.

And God, your God, will give it into your hands, and you shall smite all its males by the sword. The teacher explains that if you do all that has been stated in this section—meaning you first offer peace, and only if that is refused do you proceed to war—then in the end, Hashem will give the city into your hands. The victory is conditional on following the prescribed process.

Rashi explains: If you do all that has been stated in this matter, in the end, Hashem will give her into your hands. The teacher clarifies that the promise of victory is contingent on following the Torah’s instructions regarding how to approach the city, including offering peace first.

Only the women, the small children, the animals, and all that is in the city—all its spoil—you may take for yourself, and you shall eat the spoil of your enemy, which Hashem your God has given you. The teacher notes that this includes even the male children. He raises the question: how do we understand the previous verse, which said to smite all the males? The answer is that the previous verse refers to the adults, while here, the children—even the male children—are included among those who may be spared and taken as spoil.

Rashi explains: VeHaTaf—and the children—this includes even the male children. So how do I fulfill the previous verse, VeHikisa Es Kol Zechura, that you shall smite all the males? That refers to the adults. The teacher clarifies that the command to kill all the males applies to the grown men, but the children, even the boys, are not included in that and may be taken as spoil.

This verse is saying, 'So you shall do to all the cities that are very distant from you, which are not from the cities of these nations.' The teacher explains that this is referring to the cities that are not in Eretz Canaan itself, meaning the cities that are at a distance from where the Jewish people dwell. The laws of seeking peace and the procedures described previously apply specifically to these distant cities, as opposed to the cities of the seven nations within Eretz Canaan, where different rules apply.

This verse says, 'However, from the cities of these nations, which Hashem your God gives you as an inheritance, you shall not allow any soul to live.' The teacher explains that when it comes to the cities of these specific nations—the seven nations of Canaan—there is a commandment not to let any soul remain alive. This is in contrast to the distant cities, where there is an option to offer peace and allow the inhabitants to live under certain conditions. Here, the Torah is explicit that in these cities, no one is to be left alive.

This verse continues, 'For you shall utterly destroy them—the Chiti, the Emori, the Cnaani, the Prizi, the Chivi, and the Yevusi—as Hashem your God has commanded you.' The teacher reads the list of the six nations and points out that the verse says to destroy them as Hashem has commanded. He notes that the Torah here lists only six nations, but there is an additional explanation in the Rashi that follows, which addresses the seventh nation, the Girgashi, and how it is included in the command.

On the words 'Ka'asher tzivcha'—'as He has commanded you'—Rashi explains that this comes to include the Girgashi, the seventh nation. The teacher elaborates that even though the verse only lists six nations, the phrase 'as He has commanded you' refers back to an earlier command where Hashem included the Girgashi among the nations to be destroyed. So, the commandment applies to all seven nations, not just the six listed here.

This verse says, 'So that they will not teach you to do according to all their abominations that they did for their gods, and you will sin to Hashem your God.' The teacher explains that the reason for the command to destroy these nations is to prevent the Jewish people from learning their ways and being influenced to do the same abominations in serving other gods, which would lead them to sin against Hashem. The Torah is concerned about the spiritual danger of adopting the practices of these nations.

On the words 'Lema'an asher lo yilmedu'—'so that they will not teach you'—Rashi explains that if these people do teshuva, if they repent and convert, then you are permitted to accept them. The teacher clarifies that the prohibition is only if they remain in their idolatrous ways, but if they sincerely repent and become converts, it is allowed to accept them into the Jewish people.

This verse says, 'When you besiege a city for many days to wage war against it to capture it, do not destroy its trees by wielding an axe against them, for from them you eat, and you shall not cut them down, for is the tree of the field a man to come before you in the siege?' The teacher explains that when besieging a city, you are not allowed to destroy fruit trees, because you eat from them. He also notes that the phrase 'yomim rabim'—many days—means at least three days, and that you do not besiege a city of the gentiles for less than three days before Shabbos, to give them a chance to make peace. He further explains that the Torah is speaking about a voluntary war, not the war against the seven nations of Canaan. The phrase 'ki ha'adam etz hasadeh' is explained as a question: Is the tree of the field a man that should be besieged and suffer hunger and thirst like the people? Therefore, you should not destroy it.

On the word 'yamim'—'days'—Rashi explains that this means two days, and 'rabim'—'many'—means three days. The teacher elaborates that from here the sages say that you do not besiege the cities of the gentiles for less than three days before Shabbos, and that you open up with peace for two or three days. This is also supported by a verse in Shmuel Beis, where it says that David stayed in Tziklag for two days. So, the minimum period for besieging and offering peace is established from this wording.

Rashi explains that the word rabim here means three. From here, the sages say that we do not besiege the cities of the gentiles for less than three days before Shabbos. This is because you have to give them three days to wage the war. Also, it teaches us that you open up with peace for two or three days. As it says in Shmuel Beis, 'And Dovid stayed in Tziklag for two days.' And this whole section is speaking about a milchemes harishus, a voluntary war, not the war against the people of Canaan, which was an obligatory war.

The verse says, 'Is the tree of the field a man?' Rashi explains that the word ki here is used in the sense of 'perhaps.' In other words, is a man a tree of the field, that he should enter into the siege before you and suffer the pain of hunger and thirst like the people of the city? Why should you destroy it? The verse is asking: is the tree like a person, that it should be punished along with the people? Why should you cut it down?

The verse says that only a tree that you know is not a food tree, that one you may destroy and cut down, and you can build a siege against the city that is making war with you until you bring it down. The teacher explains that you are only allowed to destroy trees that do not produce food. You can cut those down and use them to build the siege works against the city that is fighting you, until you subdue it.

Rashi explains the phrase ad ridasa as a language of subjugation, meaning that the city should be subjugated to you, that it should be bent and humbled before you.

The verse says, 'If a slain person is found in the land that Hashem your God is giving you to inherit, lying in the field, and it is not known who struck him.' The teacher explains that if a person is found killed in the land that Hashem is giving you, and he is lying in the field, and nobody knows who killed him, this is the case of the eglah arufah—the decapitated calf.

This verse is referenced as a positive commandment in Sefer HaMitzvos, but the teacher does not elaborate on it here.

And your elders and your judges shall go out, and they shall measure to the cities that are around the slain person. The teacher explains that when a person is found slain in the field and it is not known who killed him, the elders and judges go out to measure which city is closest to the body. The purpose is to determine which city is responsible for the atonement process described in the Torah.

Rashi comments on the phrase 'VeYatzu Zekenecha'—'your elders shall go out'—that it does not mean all the elders, but rather the special ones among your elders. This refers specifically to the members of the Great Sanhedrin, the highest rabbinical court. The teacher clarifies that it is these distinguished elders who are tasked with this responsibility, not just any elder from the community.

On the word 'Umedadu'—'and they shall measure'—Rashi explains that the measurement is done from the place where the slain person is lying. The teacher elaborates that the elders measure from the exact spot of the body to the surrounding cities to determine which city is nearest and therefore responsible for the subsequent ritual.

The verse continues, 'to the cities that surround the slain'—meaning to each side, in order to know which city is closest. The teacher explains that the purpose of the measurement is to find out which city is the nearest to the slain person, so that the proper city can perform the atonement ritual described in the following verses.

And it will be, the city that is closest to the slain, the elders of that city shall take a calf, one that has never been worked and has not pulled with a yoke. The teacher explains that once the closest city is determined, its elders take a calf that has never done any work, never pulled a yoke, as part of the ritual for atonement. This is the beginning of the process known as the 'egla arufa,' the decapitated calf, which is brought to atone for the unsolved murder.

And the elders of that city shall bring down the calf to a rugged valley, one that was not tilled and not sown, and there they shall decapitate the calf in the valley. The teacher explains that the elders bring the calf to a valley described as 'nachal eisan'—a strong or rugged valley—which has not been worked or sown. The decapitation of the calf is done there as part of the ritual. The teacher elaborates that 'nachal eisan' means a hard, uncultivated land, and the act of decapitation is performed with a hatchet. He adds that the reason for this ritual is that just as the calf has not produced fruit and the land has not produced fruit, so too the murdered person was not allowed to produce fruit, meaning to have children. The ritual is meant to atone for the loss of this potential.

Rashi comments on 'el nachal eisan'—to a rugged valley—that this means a hard land, one that has not been worked. The teacher clarifies that the valley must be one that is strong and has never been cultivated or sown, emphasizing the uncultivated and unused nature of the location for the ritual of the decapitated calf.

Rashi explains the phrase "Ve'arfu" as meaning that they cut the neck of the calf with a hatchet. Hashem says, "Let a calf that is one year old, that has not yet produced fruit, come and be decapitated in a place that does not produce fruit, to atone for the murder of this person who was not allowed to produce fruit, meaning he was not allowed to have children or accomplish things in his life." The symbolism is that just as the calf had not produced fruit and the place is barren, so too this person was cut off before he could accomplish or produce in his life, and this act serves as an atonement for that loss.

The verse says, "Ve'nigshe'u HaKohanim Bnei Levi," that the Kohanim, the sons of Levi, shall approach, because Hashem has chosen them to serve Him and to bless in the name of Hashem, and by their word shall be every dispute and every affliction. The teacher explains that the Kohanim come close because Hashem has chosen them to serve and to bless in His name, and all matters of controversy and all matters of affliction are decided by their word. This refers to the Kohanim's special role in the process of the eglah arufah, and also more generally in matters of judgment and blessing for the Jewish people.

The verse says that all the elders of that city, who are closest to the slain person, shall wash their hands over the calf that was decapitated in the valley. The teacher explains that the elders of the city that is nearest to the corpse must come and wash their hands over the eglah arufah, the calf whose neck was broken in the valley, as part of the ritual to atone for the unsolved murder.

The verse says, "Ve'anu ve'amru, Yadeinu lo shafchu es hadam hazeh, ve'eineinu lo ra'u"—they shall answer and say, "Our hands did not spill this blood, and our eyes did not see." The teacher elaborates that the elders must declare that they did not spill the blood and did not see what happened. He raises the question: could it really enter our minds that the elders of the Beis Din are murderers? Why do they have to make such a statement? The answer is that they are testifying that they did not see this person and send him away without food or without an escort, which could have indirectly caused his death by leaving him vulnerable to the elements or to robbers. Their declaration is that they did not neglect their responsibility for the welfare of travelers passing through their city.

Rashi asks, "Yadeinu lo shafcha"—could it possibly enter your mind that the elders of the Beis Din are murderers? Rather, the meaning is that they did not see the person and let him go without food or without escort. In other words, they are testifying that they did not neglect him, which could have led to his death. The Kohanim then say, "Kapair le'amcha Yisrael"—forgive your nation Israel. The teacher explains that the elders' declaration is not about direct murder, but about their responsibility to provide for and protect travelers, and the Kohanim's prayer is for atonement for the community.

The verse says, "Kapair le'amcha Yisrael asher padisa Hashem, ve'al titein dam naki bekerev amcha Yisrael, ve'nikkaper lahem hadam"—atone for Your nation Israel, whom You, Hashem, have redeemed, and do not place the guilt of innocent blood among Your people Israel, and the blood will be atoned for them. The teacher explains that the Kohanim pray for Hashem to forgive the Jewish people and not to hold them responsible for the innocent blood that was spilled. Once the process is done, the blood is atoned for and the community is forgiven for the unsolved murder.

Rashi explains on "Ve'nikkaper lahem hadam" that the verse is giving them good news: once they have done this process, the sin will be forgiven for them. The teacher says that this is the meaning of the verse—the blood that was spilled will be atoned for, and the community will not bear guilt for the unsolved murder after following the procedure of eglah arufah.

And you shall abolish the shedding of innocent blood from among you, for you will do what is correct in the eyes of Hashem. The teacher explains that this verse is telling us that we have a responsibility to remove innocent blood from our midst. This means that if there is a case of murder, we must take the necessary steps to ensure that justice is done and that the land is cleansed from the guilt of innocent blood. Doing so is considered what is correct and upright in the eyes of Hashem. The teacher emphasizes that this is not just a technical command, but a moral imperative to pursue justice and righteousness, making sure that the community does not bear the guilt of an unsolved murder.

Rashi comments on the phrase, 'Ve'ata teva'er'—'and you shall abolish.' He explains that this teaches us that if the killer is found after the calf (the egla arufa) has already been decapitated, then the murderer must still be executed. We do not say that since the egla arufa ceremony was performed and atonement was achieved, the killer is exempt. Rather, once the murderer is discovered, he must be put to death as required by law. This is what is meant by 'what is correct in the eyes of Hashem'—that true justice is carried out, and the process of atonement does not override the need for proper punishment of the guilty party.