Komentarz do Sota 8:10

משוח מלחמה. ודבר אל העם בלשון הקדש – it is stated here (Deuteronomy 20:2): “[Before you join battle, the priest shall come forward] and address the troops.” And it is stated elsewhere (Exodus 19:19): “As Moses spoke, [God answered him in thunder].” Just as elsewhere is in the Holy Tongue (i.e., Hebrew), even here too is in the Holy Tongue.

Introduction When Israel goes out to battle, the people are charged by a priest, who according to the rabbis must be anointed with oil. This charge is described in Deuteronomy 20. This entire chapter is an explication of how this was done. Our mishnah is a midrash on verses 2-4.

When the anointed for battle addresses the people he speaks in the holy tongue, as it is said, “And it shall be, when you draw near the battle, that the priest shall approach” (Deuteronomy 20:2) this refers to the anointed for battle. “And speak to the people” ( – in the holy tongue. The Torah states only that a priest shall come forward, without describing which or what type of priest. The rabbis add that this priest must be a priest who has been specially anointed with oil for this purpose before they go out to battle. The address must be given in Hebrew. According to the Talmud this is derived from an analogy between the word “speak” here and “speak” in Exodus 19:19.

הגפת תריסין – striking of those defending each other to cause the hearing of a voice and to threaten.

“He shall say to them, “Hear, O Israel, you are about to join battle with your enemy” (vs. 3) “with your enemy” but not against your brother, not Judah against Shimon nor Shimon against Benjamin, that if you fall into their hand they shall have mercy on you, as it is said, “Then the men named above proceeded to take the captives in hand, and with booty they clothed all the naked among them they clothed them and shod them and gave them to eat and drink and anointed them and provide donkeys for all who were failing and brought them to Jericho, the city of palms, back to their kinsmen. Then they returned to Samaria” (II Chronicles 28:15). Rather against your enemies do you march, so that if you fall into their hand they will have no mercy on you. The anointed priest reminds the people that they are going out to fight against their enemies. If they were going to fight their own people, a not uncommon event in Biblical times and an event that continued to occur as long as Israel had political sovereignty, then at least they could expect mercy if taken captive. This mercy is demonstrated by the mercy shown by Israelite (the northern kingdom) soldiers to Judean soldiers as described in II Chronicles. Now they are going out to fight their (foreign) enemies, and if they are taken captive they can expect to be treated ruthlessly. Therefore, they should fight all the more fiercely so that they will not be taken captive.

הקלגסין – sticks whose heads are curved and they beat them on stones and they fly off on their enemies.

“Let not your courage falter, fear not, and do not tremble or be in dread of them” (Deuteronomy 20: “Let not your courage falter”-- at the neighing of the horses and the brandishing of swords; “Fear not” --at the crash of shields and the tramp of the soldiers shoes; “Do not tremble” -- at the sound of trumpets; “Or be in dread of them” -- at the sound of battle cries. This section contains a midrash which relates each part of the charge to a fear of another aspect of war. As is typical, the rabbis understand each type of fear to be related to something different.

שובך – the officer of the army Hadarezer in [Second] Samuel [10:16].

“For it is the Lord your God that goes with you”--they come [relying] upon the might of flesh and blood, but you come [relying] upon the might of the Omnipresent. The Philistines came [relying] upon the power of Goliath (I Samuel 17:4 ff.), but what happened to him in the end? In the end he fell by the sword and they fell with him. The Ammonites came [relying] upon the power of Shobach (II Samuel 10:16-18), but what happened to him in the end? In the end he fell by the sword and they fell with him. But with you it is otherwise, “For it is the Lord your God is that goes with you” this refers to the camp of the ark. In the final part of his speech the priest points out that God is going out to battle with Israel. The mishnah uses this to contrast Israel with their enemies. Israel’s enemies come out brandishing their physical power, exemplified by Goliah and Shobah. Both of these great warriors were struck down by David whose power was not based on his physical strength but on the fact that God was with him. This reminds us of Zechariah 4:6, “No by might, nor by power, but by My spirit, said the Lord of Hosts.” As a final note, the mishnah relates that the ark was brought out to war with Israel as a tangent symbol of the fact that God is fighting with them.

אחד הבונה ואחד הלוקח – a house built which for him was new.

Introduction The mishnah continues to expound upon Deuteronomy 20. Our mishnah deals with three exemptions which given to soldiers which allow them to return from war: to one who has built a house but not dedicated it; to one who has planted a vineyard but not harvested it; to one who has betrothed a woman but not married her. Our mishnah defines these three exemptions broadly, as we shall see.

ואחד הנוטע חמשה אילני מאכל – and in this, it is a vineyard, two against two, and one goes out with a tail, and even from five types they combine.

“Then the officers shall address the people saying: ‘Is there anyone who has built a new house but has not dedicated it? Let him go back to his home’” (Deuteronomy 20:5). It is the same whether he built a house for straw, a house for cattle, a house for wood, or a storehouse; It is the same whether he built, purchased, inherited or somebody gave it to him as a present. The first exemption is given to the person who built a house. The mishnah expands this to include any kind of house, even one not intended as living quarters. In tomorrow’s mishnah we shall see some exemptions to this category. It also expands the category to include those who acquired a house by a means other than building it themselves.

“‘Is there anyone who has planted a vineyard but has never harvested it?’” (vs. 6). It is the same whether he planted a vineyard or planted five fruit-trees and even of five different species; It is the same whether he planted, bent or grafted it, or whether he purchased, inherited or somebody gave it to him as a present. The second exemption is given to the one who planted a vineyard. Again, the mishnah expands the category to include planting an orchard, which is considered five or more trees, even if they are of different species. He need not plant it himself. Even if he bends a vine (this refers to bending a vine underground and starting a new vineyard elsewhere), or grafts a branch of one tree onto another, he is considered as having started a new vineyard. Similarly, he need not do the work himself, but may even buy the vineyard/orchard or receive it as a present.

“‘Is there anyone who has betrothed a woman [but who has not yet married her]?’” (vs. 7) It is the same whether he had betrothed a virgin or a widow, or even a shomeret yavam, or even if a man heard that his brother had died in battle, he returns home. The final category is betrothal. This includes one who betroths not only a virgin, but also a widow/divorcee or even one who betroths his dead brother’s widow who is awaiting levirate marriage (a shomeret yavam). Even if he has heard that his brother died in battle and left a childless widow, he may return from battle in order to marry her.

All these hear the priest’s words concerning the battles of war and return home, and they supply water and food and repair the roads. The above list of people return from battle. However, they must offer support to the war effort, by supplying the soldiers with food and water and by repairing the roads which the soldiers will use to go out into battle.

אילני סרק – such as cedar and sycamore that don’t produce fruit.

Introduction In yesterday’s mishnah we learned the categories of people who are exempt from going out to battle; in today’s mishnah we learn who is not exempt.

והמחזיר את גרושתו – and he betrothed her, he does not return to her for she is not new to him and in Scripture it is written (Deuteronomy 24:5): “[When a man has taken] a new bride, [he shall not go out with the army or be assigned to it for any purpose].”

The following do not return home:
He who built a gatehouse, a portico or a porch; The three structures listed in this section do not count as “houses” and hence one who builds one of them is not exempted from war. While the structures listed in yesterday’s mishnah were not typically used as living quarters, the structures in today’s mishnah are never used as living quarters. A portico is an area encircled by pillars and covered with a roof, but it is not walled-in. A porch is an extension of the upper floor that is not covered by a roof.

אלמנה – and a High Priest betrothed her, he does not return [to her – a widow],as it is written (Deuteronomy 20:7): “[Is there anyone who has paid the bride-price for a wife,] but has not yet married er? [Let him go back to his home, lest he die in battle and another marry her],” but it was possible. To state, and he did not take her? What is “to take her?” that she is appropriate for him to take her [as a wife].

He who planted four fruit trees or five trees which are not fruit-bearing; Yesterday we learned that to be exempt from going out to war he had to plant five fruit bearing trees. Less than five trees, or more than five non-fruit bearing trees does not count as being similar enough to a vineyard to exempt him.

על מכונו – tore it down and built it like the first measure, he does not return [to live in it], for it is not new and it is worse than someone who purchases it or who inherits it.

He who took back his divorced wife. Deuteronomy 24:5 states, “When a man has taken a new wife, he shall not go out with the army.” From here we see that remarrying one’s former wife does not exempt him from going to war.

הבונה בית לבנים בשרון – it is a place whose name is Sharon, and its land is not nice for bricks and it is not something enduring for they had to renew it twice every seven years.

If a high priest married a widow, or an ordinary priest married a divorcee or a halutzah, or an Israelite married a mamzereth or a netinah, or the daughter of an Israelite married a mamzer or a natin, he does not return home. Someone who marries a woman who is prohibited to him does not receive an exemption from war. For an explanation of this list see Yevamoth 2:4.

Rabbi Judah says: even he who builds a house upon its [original] foundations does not return home. Rabbi Judah says that one must build a new house in order to be exempt. Rebuilding an old house on its original foundations does not count.

Rabbi Eliezer says: even he who builds a brick-house in the Sharon does not return home. The Sharon was an area in the land of Israel that was (and still is) prone to earthquakes. The people of Sharon would build their houses out of brick, in anticipation that they would have to rebuild them twice every seven years. Since the houses did not last long, Rabbi Eliezer does not consider them as sufficient to exempt one from the army.

ואלו שאין זזין ממקומן – for those above go until the border. And there, we hear the words of the Kohen and they return from the battlefield into the midst of the land of Israel. But they do not return to their homes but rather engage in providing water and food to those who go to war and these do not move from their places and even to go to the border line and to return at the direction of the Kohen.

Introduction Above in mishnah two we learned who returns from war if they are already out at battle. Those categories of people returned and worked in supplying food and water to the soldiers and in repairing the roads. In today’s mishnah we learn those who don’t go out to war in the first place and do not supply food or drink to the soldiers or fix the roads. The idea that there are some soldiers who return home is connected to Deuteronomy 20:8, while the idea that some are not even obligated to go out in the first place is connected to 24:5, as we shall see below.

הבונה בית וחנכו – and do not live in it for a year yet, and similarly, one who plants a vineyard and redeem it, and the fourth year has not yet passed upon it.

The following do not move from their place: He who built a new house and dedicated it, He who planted a vineyard and used its fruit, He who married his betrothed, Or brought in his yevamah; The Torah states that someone who is recently married does not go out to war for one year from his marriage. The rabbis take the categories mentioned in Deuteronomy 20, and discussed in the previous two mishnayoth, and apply them to this halakhah as well. Someone who built a new house and has already dedicated it, but has not lived in it for one year, is exempt from going to war. Similarly, one who planted a vineyard but has not enjoyed a year’s harvest need not go out to war. Finally, as the verse plainly states, a newly married man is exempt for one year. This also includes levirate marriage.

נקי יהיה לביתו – for his house.

As it is said, “He shall be exempt one year for the sake of his household [to give happiness to the woman he married]” (Deuteronomy 24:5) “His household,” this refers to his house; “Shall be” refers to his vineyard; “To give happiness to the wife” refers to his wife; “He married” to include his yevamah’s widow. This section provides midrashic support for that which we learned above. The word “his household” does not just mean that he has a year to be with his new wife, as is the simple reading of the verse. Rather it also includes a new house that has not yet been dedicated. The word “shall be” includes a vineyard (this is a rather creative midrash). The “wife” refers to his wife. The verse did not need to state “who he married” since it already stated “wife”. Therefore the words “he married” are understood as including his yevamah (his levirate wife).

יהיה – an amplification which the Biblical verse adds to you which is something other that should be like this.

These do not supply water and food and repair the roads [for the army]. Deuteronomy 24:5 states, “He shall not go out with the army or be assigned to it for any purpose.” Therefore, not only is he exempt from fighting, but he is exempt from other duties as well.

ויספו השוטרים – on the words of the Kohen.

Introduction Today’s mishnah continues explaining the speech made to the troops upon going out to battle. The final exemption is given to anyone who is “afraid and disheartened.” In our mishnah three rabbis argue what this phrase means.

בקשרי המלחמה – that they become knotty to stand squeezed together that the enemies will not separate them.

“Then the officers shall go on addressing the troops and say, ‘Is there anyone afraid and disheartened’” (Deuteronomy 20:8).
Rabbi Akiva says: “afraid and disheartened” is to be understood literally, that he cannot stand in the battle lines and see a drawn sword. Rabbi Akiva understands the verse literally. The person is literally afraid to go out to battle. He is exempt because his fear may be contagious and cause the other troops to lose heart.

לפיכך – the person who is fearful is the person who fears from sins that are in his hand, the Torah hung “built, and planted and betrothed” to return on their account, so that the return would be dependent upon this and he would not be embarrassed to state regarding it from the sins that are in his hand and he is fearful and returns.

Rabbi Yose the Galilean says: “afraid and disheartened” this is the one who is afraid because of the transgressions he has committed; therefore the Torah connected all these [other categories of those who return home] with him that he may return home on their account. Rabbi Yose the Galilean understands the exemption as being given to one who has committed transgressions. Assumedly he is afraid that since he has not led a good life, God will not be with him in battle. He notes that the Torah connected this exemption with the others so that the transgressor would not be embarrassed to not go to battle. People seeing him would not know why he is leaving battle and they would assume that he is leaving for one of the other, less embarrassing reasons.

ר' יוסי אומר אלמנה לכהן גדול וכו' – for Rabbi Yosi HaGlili, even if he transgressed on the words of the Scribes, he returns, for according to Rabbi Yosi, until he transgresses the words of the Torah is similar to a widow marrying a High Priest.

Rabbi Yose says: a high priest who married a widow, an ordinary priest who married a divorcee or halutzah, an Israelite who married a mamzeret or netinah, and the daughter of an Israelite who married a mamzer or a natin behold this one is “afraid and disheartened.” Rabbi Yose agrees in general with the previous opinion but holds that the transgression must be one that he is continually transgressing, such as a forbidden marriage (the list in this mishnah). If a man is married to a woman forbidden to him, he is transgressing the prohibition every moment he remains married to her. It is only this type of transgression that allows him to leave battle. One who has committed sins in the past is not considered “afraid and disheartened.”

ובעקבו של עם – at the rear of the people who guard that the last ones who are behind them should not flee.

Introduction Our mishnah interprets Deuteronomy 20:9.

זקפים – warriors appointed to this, for if one of the fighters falls, he will restore him and raise him up.

“And it shall be, when the officers have finished speaking to the people, they shall appoint captains of hosts at the head of the people” (Deuteronomy 20:9). And at the rear of the people they station guards in front of them and others behind them, with iron axes in their hands, and should anyone wish to flee, they have permission to strike his thighs, because the beginning of falling [in battle] is fleeing, as it is said, “Israel fled before the Philistines, and the people also suffered a great slaughter” (I Samuel 4:17) and elsewhere it states, “And the men of Israel fled before the Philistines and fell down slain” (ibid 31:1). The verse states that “captains of hosts” shall be placed “at the head of the people”. Our mishnah interprets “at the head of the people” to mean not just in front of them, leading them into battle, but behind them making sure they do not flee in the face of the enemy. If a soldier tries to flee, the guards may strike him with iron axes in his legs. This would assumedly deter people from fleeing. The mishnah uses two texts to prove that fleeing from the enemy is the beginning of outright defeat.

ואחרים מאחוריהם וכשילין של ברזל – to guard that they will not flee.

כשילים – iron hatchets–spades.

לקפח את שוקיו – to sever his foreleg.

שתחלת ניסה נפילה – it is transposed language for the beginning of falling (i.e., in slaughter) is the rout (see Talmud Sotah 44b).

בד"א – that they return from the battlefield and there are those who do not move from their places in an optional war.

Introduction Our mishnah teaches that the rules spelled out in our chapter do not apply to all types of war. In certain types of war, all of Israel must go out to battle, even a bride and groom from their wedding. There are two different opinions as to what types of war mandate the participation of all.

אבל מלחמת מצוה הכל יוצאים – a war of the Land of Israel, and the war against Amalek. Everyone admits that it is obligatory, and everyone goes out in it [to fight]. But the wars of the House of David to extend and widen the brder of Israel and to assess taxes from peoples such as the war of Aram Naharayim and Aram Tzobah (Syria), everyone agrees that it is option. But the First Tanna–Teacher and Rabbi Yehudah did not disagree other than with a war that Israel fights with its enemies in order that they not grow stronger over them and trouble hem. The first Tanna–teacher calls that an optional war, and holds that a person is not permitted to make himself idle from the commandment in order to fight in a war like this, but Rabbi Yehuda holds that this also is a commanded war, for after it is to save Israel from the hand of their enemies, and one who engages in a commandment is exempt from another commandment. But the Halakha is not according to Rabbi Yehuda.

To what this apply? To a voluntary war, but in a war commanded [by the Torah] all go out, even a bridegroom from his chamber and a bride from her canopy. According to the first opinion, the preceding rules apply to a “voluntary war”, which is a war to expand the borders of Israel. In such a war some people receive exemptions. However, in a defensive war, which this opinion calls “a war commanded” by the Torah, all must go out and fight.

Rabbi Judah says: to what does this apply? To a war commanded [commanded by the Torah], but in an obligatory war all go out, even a bridegroom from his chamber and a bride from her canopy. Rabbi Judah has a different opinion. A defensive war, even though it is a mitzvah (commanded), does not mandate the participation of all. However, an obligatory war, such as the conquest of the land by Joshua or the perpetual war against Amalek, requires the participation of all. These wars are obligatory because there are verses in the Bible that directly mandate them. I have interpreted the mishnah according to Albeck’s commentary. There are other interpretations in the Talmud and in the commentaries concerning the differences between the two opinions. Note, that at times “mitzvah” is opposed to obligation. For instance, there is a mitzvah that if one divorces his wife, he must do so with a get. However, there is certainly no obligation to divorce.