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August 9, 2002/Elul 1 5762, Vol. 54, No. 47
The boundary of compassion in war
Torah study
RABBI SHLOMO RISKIN
Shoftim/Deuteronomy 16:18-21:9
Although our young state of Israel has been involved in six wars during the less than six decades of her existence, we have always subscribed to a policy known as "purity of arms," or ethical conduct in battle. The foundation for this policy harks back to the Bible, particularly to this week's Torah portion of Shoftim, which insists that "when you approach a town to attack it, you shall offer it terms of peace." (Deuteronomy 20:10)
Both Maimonides and Nahmanides maintain that this principle of requesting peace applies even when waging a battle in self-defense.
However, the Bible instructs that if they refuse to make peace, then "you shall not let a soul remain alive" (Deuteronomy 20:16) - and this would seem to include innocent women and children as well.
How are we to understand our Bible, which teaches that every human being is created in the divine image, sanctioning the destruction of innocent residents?
In order to compound our question, only two verses after the command to "utterly destroy" appears the following divine charge: "When in your war against a city you have to besiege it a long time ... you must not destroy its trees." (Deuteronomy 20:19)
Is it logical to command the destruction of innocent women and children in one verse and to forbid the destruction of fruit trees two verses later?
Furthermore, the very next chapter, and the conclusion of the Torah portion, records the law of a broken-necked heifer. If a murdered corpse is found in the field between two Israeli cities with the assailant unknown, the elders of the nearest city must break the neck of a heifer for an atonement sacrifice, declaring: "Our hands did not shed this blood, not did our eyes see it done. Absolve, O Lord, Your people Israel ... and do not let guilt for the blood of the innocent remain among (them)." (Deuteronomy 21:8)
Clearly as a post-script to the laws of obligatory and voluntary war found in our Torah portion, the Bible is attempting to caution the Israelites not to become callous at the loss of life, even at the loss of one innocent human being.
Once again, if the Torah is so sensitive to the loss of an individual life, how can our sacred law command that we destroy women and children?
Rav Naftali Zvi Yehuda Berlin, in his commentary on the Bible known as "HaAmek Davar," provides the beginning of our answer. He insists that when the Bible ordains that we "utterly destroy" even the women and children, this is limited "to those who gather against us in battle; those who remain at home are not to be destroyed by us." (HaAmek Davar, Deuteronomy 7:1,2)
It is almost as though he took into account our present war against the Palestinians, who send young women and children into the thick of the battle as decoys, cover-ups and suicidal homicide bombers. We are trained to be compassionate, even in the midst of warfare; nevertheless, "those who rise up to murder innocents, even if they themselves are children, must be killed" if good is to triumph over evil.
Perhaps we might add one more consideration. Our present enemy places their murderers in close proximity to women and children in residential areas. It is always unfortunate when innocents must die, but if this collateral damage is the only way we can prevent a murderer from wreaking havoc on our citizens - then for the good of the future of a free humanity we must take the risk of destroying children as well.
Rabbi Shlomo Riskin is spiritual leader of Efrat, Israel.
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