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8 ‎[1] With regard to **the** priest who was **anointed for war, at the time that he** would **speak to the nation, he would speak** to them **in the sacred tongue,** Hebrew, **as it is stated: “And it shall be, when you draw near to the battle, that the priest shall approach** and speak to the people” (Deuteronomy 20:2). **This** priest identified in the verse is **the priest anointed for war,** the priest who is inaugurated specifically to serve this function. **“And speak to the people”;** he addresses them **in the sacred tongue,** Hebrew. The Torah dictates the priest’s address: **“And** he **shall say to them: Hear Israel,** you draw near today to battle against your enemies; let not your heart faint; fear not, nor be alarmed, and do not be terrified of them” (Deuteronomy 20:3). The priest expounds: **“Against your enemies” and not against your brothers.** This is **not** a war of the tribe of **Judah against Simon and not Simon against Benjamin,** such **that if you fall into their hands** your brothers **will have mercy on you, as it is stated** with regard to a war between Judah and Israel: **“And the men that have been mentioned by name rose up, and took the captives, and with the spoil clothed all that were naked among them, and arrayed them, and shod them, and gave them to eat and to drink, and anointed them, and carried all the feeble of them upon donkeys, and brought them to Jericho, the city of palm trees, unto their brethren; then they returned to Samaria”** (II Chronicles 28:15). Rather, **you are marching** to war **against your enemies, and if you fall into their hands, they** will **not have mercy on you.** The priest continues: **“Let not your heart faint; fear not, nor be alarmed,** and do not be terrified of them” (Deuteronomy 20:3). **“Let not your heart faint” due to the neighing of horses and the sharpening of** the enemy’s **swords. “Fear not” due to the knocking of shields [*terisin*] and the noise of** their **boots [*calgassin*]. “Nor be alarmed” by the sound of trumpets. “Do not be terrified” due to the sound of shouts.** The priest explains why the soldiers need not be terrified. **“For the Lord your God is He that goes with you,** to fight for you against your enemies, to save you” (Deuteronomy 20:4). Remember that **they come** to war **championed by flesh and blood, and you are coming championed by the Omnipresent. The Philistines came championed by Goliath. What was his end? In the end, he fell by the sword, and they fell with him** (see I Samuel, chapter 17). **The Ammonites came championed by Shobach. What was his end? In the end, he fell by the sword, and they fell with him** (see II Samuel, chapter 10). **But** as for **you, you are not so,** reliant upon the strength of mortals: **“For the Lord your God is He that goes with you, to fight for you** against your enemies, to save you”; **this** verse is referring to the **camp of the Ark** of the Covenant that accompanies them out to war.
‎[2] The mishna continues its discussion of the speech given before battle. **“And the officers shall speak to the people, saying: What man is there that has built a new house, and has not dedicated it? Let him go and return to his house,** lest he die in the battle, and another man dedicate it” (Deuteronomy 20:5). He is sent home if he is **one who builds a storehouse for straw, a barn for cattle, a shed for wood,** or **a warehouse.** Similarly, it applies if he is **one who builds, or** if he is **one who purchases, or** if he is **one who inherits, or** if he is **one to whom** it **is given** as **a gift.** In all these instances, the man returns from the war encampment. The next verse states: **“And what man is there that has planted a vineyard, and has not used the fruit** thereof? Let him go and return unto his house, lest he die in the battle and another man use the fruit thereof” (Deuteronomy 20:6). He is sent home if he is **one who plants** a whole **vineyard** of many vines, **or** if he is **one who plants** as few as **five fruit trees** of another variety, **and even** if these five are **from the five species.** The produce need not be all of one species. The same applies if he is **one who plants, or** if he is **one who layers** the vine, bending a branch into the ground so that it may take root and grow as a new vine, **or** if he is **one who grafts** different trees onto one another. **And** it applies if he is **one who purchases** a vineyard, **or** if he is **one who inherits** a vineyard, **or** if he is **one to whom** the vineyard **is given** as **a gift.** The next verse states: **“And what man is there that has betrothed a wife,** and has not taken her? Let him go and return to his house, lest he die in the battle, and another man take her” (Deuteronomy 20:7). He is sent home if he is **one who betroths a virgin, or** if he is **one who betroths a widow.** This applies **even** if his *yevama*, his late brother’s wife, is a **widow waiting for** him as **her *yavam*** to perform levirate marriage; **and even** if **he heard that his brother died in the war** and the widow begins to wait for him only then, **he returns and goes** home. **Each of these** men, although they are exempt, still **hear the address of the priest** and **the regulations of war** at the local camp, **and** thereafter **they return** to their respective homes. However, they still support the war effort, **and** they **provide water and food** for the soldiers **and repair the roads.**
‎[3] **And these** are the men **who do not return** to their homes: **One who builds a gateway,** or **an enclosed veranda [*akhsadra*], or a balcony;** or **one who plants** no more than **four fruit trees or** even **five** or more **non-fruit bearing trees;** or **one who remarries his divorced** wife. Nor is there an exemption for one who has betrothed a woman whom he is not permitted to marry: With regard to **a widow** betrothed **to a High Priest** (see Leviticus 21:7); **a divorcée or a *yevama* who performed *ḥalitza* [*ḥalutza*],** in lieu of entering into a levirate marriage, betrothed **to a common priest** (see Leviticus 21:13–15); **a *mamzeret* or a Gibeonite woman** betrothed **to an Israelite;** or **an Israelite woman** betrothed **to a *mamzer* or a Gibeonite** (see Deuteronomy 23:3); such a man **does not return** to his home. **Rabbi Yehuda says: Even one who rebuilds a house** as it stood originally **would not return. Rabbi Eliezer says: Even one who builds a** new **brick house in the Sharon would not return** because these houses are not stable and are expected to collapse periodically.
‎[4] **These** are the men **who do not** even **move from their places** because they do not even report to the camp: One who **built a house and dedicated it** within the year; one who **planted a vineyard and used its fruit** for less than a year; one **who marries his betrothed** and **one who marries his *yevama*,** his brother’s widow who must enter into a levirate marriage or perform *ḥalitza*, **as it is stated:** “When a man takes a new wife, he shall not go out with the army…**he shall be free for his house one year,** and shall cheer his wife whom he has taken” (Deuteronomy 24:5). The mishna interprets the verse as follows: **“For his house”; this** means **his house** that he built. **“He shall be”; this** term includes **his vineyard. “And shall cheer his wife”; this is his wife. “Whom he has taken”;** this phrase comes **to include his *yevama*,** who is considered his wife with respect to this *halakha* although he has not yet married her. Those who are exempt for these reasons **do not** even **provide water and food** to the soldiers, **and** they **do not repair the roads.**
‎[5] The mishna continues its discussion of the speech given before battle. **“And the officers shall speak further to the people,** and they shall say: What man is there that is fearful and fainthearted? Let him go and return unto his house” (Deuteronomy 20:8). **Rabbi Akiva says: “That is fearful and fainthearted”** is to be understood **as it indicates, that** the man is **unable to stand in the battle ranks and to see a drawn sword** because it will terrify him. **Rabbi Yosei HaGelili says: “That is fearful and fainthearted”; this is one who is afraid because of the sins that he has;** he, too, returns. **Therefore, the Torah provided him** with **all these** additional reasons for exemption from the army so he can ascribe **his leaving to** one of **them.** In this way, the sinner may leave the ranks without having to publicly acknowledge that he is a sinner. **Rabbi Yosei says:** With regard to one who has betrothed a woman forbidden to him, including **a widow** betrothed **to a High Priest; a divorcée or a *yevama* who performed *ḥalitza*** [***ḥalutza***] betrothed **to a common priest; a *mamzeret* or a Gibeonite woman** betrothed **to an Israelite;** or **a daughter of an Israelite** betrothed **to a *mamzer* or a Gibeonite; this** man **is he** whom the verse calls **“fearful and fainthearted.”** He fears that his sin will jeopardize his safety in the war.
‎[6] The mishna continues its discussion. The verse states: **“And it shall be, when the officers conclude speaking to the people, that captains of legions shall be appointed at the head of the people”** (Deuteronomy 20:9). The mishna adds: **As well as at the rear of the people.** The officers **station guards [*zekifin*] in front of them, and other** guards **behind them, and** they have **iron rods [*kashilin*] in their hands. And** with regard to **anyone who attempts to turn back** and flee from the war, the guard **has license to beat [*lekape’aḥ*] his legs** **because the beginning of fleeing** is **a downfall** on the battlefield, **as it is stated: “Israel has fled before the Philistines, and there has been also a great slaughter among the people”** (I Samuel 4:17), **and** likewise **it says further on: “And the men of Israel fled from before the Philistines, and fell down slain** in Mount Gilboa” (I Samuel 31:1).
‎[7] The mishna adds: **In what** case **are** all of **these statements,** with regard to the various exemptions from war, **said?** They are said **with regard to elective wars. But in wars** whose mandate is **a mitzva, everyone goes, even a groom from his room and a bride from her wedding canopy. Rabbi Yehuda said: In what** case **are** all of **these statements,** with regard to the various exemptions from war, **said?** They are said **with regard to wars** whose mandate is **a mitzva. But in obligatory wars, everyone goes, even a groom from his room and a bride from her wedding canopy.**
Version: William Davidson Edition - English
Source: https://korenpub.com/collections/the-noe-edition-koren-talmud-bavli-1
License: CC-BY-NC