Last time, we talked about David’s reaction to being told he would not build the בית המקדש. The text tells us what David did next:
And the אחרי כן implies this was a reaction to what came before:
So David goes to war to make money. The money may be intended for worthwhile spiritual things, but is it right? It certainly offends our modern moral sensibilities, but it’s hard to judge characters in the past on modern standards. I’d like to focus on the question, is it halachically acceptable?
At first glance, it would seem to violate the law against murder, which applies to all human beings:
But there is a concept of a מלחמת הרשות, a war of aggression, for profit or aggrandizement:
Much of this discussion comes from an article by Professor David Henshke of Bar Ilan.
Let’s go back to the sources in the Torah. The Torah clearly talks about two kinds of war:
The Rambam defined two classes of מלחמת מצוה, one the war against the Canaanites (I’m including Amalek in that category). Much ink has been spilled over the morality of that concept and I will not go into it further. The second is a defensive war, which the Torah clearly allows:
And even mandates:
But a מלחמת הרשות? An optional war? What is that and where does it come from? I could have read the above psukim about כן תעשה לכל הערים הרחקת as being part of the defensive מלחמת מצוה, and the ערי העמים האלה part as מלחמת שבעה עממים ומלחמת עמלק. There’s no need to posit a war that does not warrant the term מצוה.
The beginning of the discussion of war starts with the mustering:
The Torah uses the word איבך, which would seem to rule out a war of aggression:
And the Mechilta (as cited in Midrash Tannaim; Professor Henshke points out that this is attributed to רבי ישמעאל and may well disagree with the Sifrei of רבי עקיבא) says:
The examples are of מלחמות מצוה. But the Sifrei says this law applies to a מלחמת הרשות, and איבך is part of the commandment:
As Rashi explains:
The Tannaim assume these psukim are talking about a מלחמת הרשות, since they allow for soldiers to defer their service. This isn’t the case for a מלחמת מצוה:
The argument between רבי יהודה and חכמים is completely unclear, and the gemara isn’t much help:
רבי יוחנן says רבי יהודה and חכמים are not arguing about the halacha, just about terminology. The wars mandated by the Torah, to conquer and defend Israel, רבי יהודה would call חובה rather than מצוה, since he would call a war of aggression (as Rambam says, כדי להרחיב גבול ישראל ולהרבות בגדולתו ושמעו) a מצוה. In the words of Professor Henshke (p. 96), רבי יהודה…שולל את המוסג ”מלחמת רשות“…מלחמה להרחיב גבול ישראל ולשפר אתמעמדו בין העמים, לא סוף דבר שרשות היא—אלא מצוה יש בא! Rav Lichtenstein, in an article that is cited below, says the “מצוה” here is not the war, but the obligation to obey the king.
רבא says they are actually arguing, and finally introduces the source of the concept of a מלחמת הרשות: the wars of our perek, the wars of David. In that kind of war, the deferments of the Torah apply. In wars mandated by the Torah, there are no deferments (there is a מחלקת ראשונים whether the deferment of הירא ורך הלבב applied). But according to חכמים, both are halachic wars and have their place. רבי יהודה would call the wars of conquest of ארץ ישראל, מלחמת חובה and allows for the existence of a new class: מלחמת מצוה which is a war of deterrence, a מלחמת התרעה as Rav Amital calls it (תחומין ח, עמ׳ 455). That is a מצוה, but isn’t a חובה and requires a decision of both the king and the Sanhedrin. חכמים would include such a war in the category of מלחמת הרשות. רבי יהודה, on the other hand, doesn’t seem to acknowledge a halachic category of מלחמת הרשות at all.
It may be that רבי יהודה allows for the existence of a מלחמת הרשות, a war that is not a מצוה but is still halachically and morally acceptable. However, it may be that he doesn’t allow for wars of aggression, war for plunder or aggrandizement, at all. Based on a suggestion by Professor Henshke, he may punctuate מלחמת רשות not as מִלְחֶמֶת רְשׁוּת, a permissible war, but מִלְחֶמֶת רָשׁוּת, a war of the government. He doesn’t deny the reality of such a war, but would say it has no place in a Torah society.
This is consistent with רבי יהודה's opinion elsewhere, about the powers of a king:
Similarly, there is an argument between the Sifrei (רבי עקיבא) and the Mechilta (רבי ישמעאל) whether a מלחמת הרשות is permissible:
So we end up that there is a מחלוקת תנאים whether מלחמת הרשות is halachically acceptable. This affects how we read the story of David’s wars of aggression and conquest:
We wanted to use the halachot of war to understand David’s wars. In the end, it is David’s wars as described in our perek that are the source for the halachot. These are the only examples in תנ״ך of מלחמות הרשות, and we will have to look at the text to see how the נביא views them.
The opinion that מלחמת הרשות is not halachic appeals to our contemporary sense of morals, that war is inherently unjust and only in limited cases is it justifiable. But that is clearly not the halacha. We hold like the Sifrei, and like חכמים in the Mishna, that there is a halachic concept of מלחמת הרשות. It may be more limited than a מלחמת מצוה, but it is still valid. What David did in raiding his neighbors was halachically appropriate. What do we, today’s readers, do with that?
Rav Amital tries to limit the scope of a מלחמת הרשות. He notes the חזון איש holds that we can never engage in a מלחמת הרשות with a nation that keeps the שבע מצוות בני נח:
Rav Amital seems to feel that a war of aggression is morally better if there is a religious goal, to bring the nations to obey the Noachite laws. I don’t think that helps—conversion by the sword doesn’t seem any more moral to me than plunder for money; David was doing it לשם שמים, to build the בית המקדש. I still look in horror at the story of our perek.
We are left with the uncomfortable reality that war for land and profit is permitted by the Torah. However, it is not arbitrary, on the whim of the king. There is a deliberative process that involves the representative body of the people, the Sanhedrin:
We see this from the first military leader, Joshua:
And the gemara learns that David’s war were also started deliberately, with the involvement of Sanhedrin and ה׳:
Note that this includes the involvement of ה׳'s agreement, in the message of the אורים ותומים. After the end of the period of נבואה, in the second Temple, there were no אורים ותומים and the Mishna only requires the Sanhedrin’s acquiescence.
Rav Amital concludes:
And the moral question? A מלחמת הרשות may be permissible, but is it good? I would conclude with Rav Kook’s thoughts:
I don’t have a good answer beyond “we can’t judge the past by the standards of the present”, but we would like to believe in an absolute standard of morality and justice. We have to admit that we don’t have a good answer today either, and that well-meaning people can argue about what is “moral and just”. לא בשמים היא, and we have to look at the halacha as it exists and how חז״ל and the text present David’s actions.