Positive Commandment 191 (Digest)
Preparation for War
"And it shall be when you come near to the battle, the priest shall approach"—Deuteronomy 20:2.
We are commanded to appoint a priest who will deliver before the soldiers the "Battle Address." In this address he requests of those not suited for battle – whether due to physical or emotional frailty, or due to the fact that their minds are preoccupied with a matter that prevents them from properly focusing on the battle – to turn away. The people who must not proceed to the battlefield due to distraction are the three mentioned in the Torah: a) One who has built a home but not dedicated it. b) One who has planted a vineyard and not yet enjoyed its fruits. c) One who has betrothed a women but not married her.
This priest who addresses the soldiers is called the Mashuach Milchamah ("the one anointed for battle").
The priest's address is verbatim the words that the Torah (in Deuteronomy) instructs him to say. After saying the biblical lines, he adds words of his own, words to inspire the soldiers to courageously battle to bring victory for G‑d's religion, and to bring retribution upon the fools who destroy civilized society.
This address is spoken by the designated priest, and then loudly repeated by the military police.
All the above applies only to an "optional battle"; no speeches or proclamations are made before a "mitzvah battle" [e.g., the battle against Amalek or a self-defense battle].
The 191st mitzvah is that we are commanded to appoint a kohen to say before the people the pre-war speech. Anyone who is not fit to fight in the war because of weakness or because they are constantly thinking of things that prevent a proper involvement in battle — i.e. the three categories of people mentioned in Scripture — should return home. Only then do they begin the war.
This kohen is called, "Moshuach Milchamah" ["anointed for war"]. He gives his speech in the exact words written in the Torah, and adds his own words to prepare the people for war and bring them to be ready to sacrifice their lives for the triumph of G‑d's religion and revenge against those who foolishly reject it and destroy the order of civilization.
The source of this commandment is G‑d's statement (exalted be He), "When you approach [the place of] battle, the kohen shall step forward ...."
He then commands that it be announced among the soldiers that the following should return from the battle: the faint-hearted; one who has built a new house and not begun to live there; one who has planted a vineyard and not eaten [from its first crop]; and one who has betrothed a woman and not married her. This is explained in Scripture in G‑d's statement beginning with the words, "The officers shall then speak..." Our Sages said in the Gemara, "The phrase, 'The officers shall then speak,' means that the kohen speaks and the officers then announce [so that all can hear]."
All the above — i.e. the speech of the Moshuach Milchamah and the announcements before the battle — apply only to a milchemes reshus [optional war]. None of this, not the speech nor the announcement, is done for a milchemes mitzvah [obligatory war], as explained in the eighth chapter of tractate Sotah. The details of this mitzvah are explained there.
Rabbi Berel Bell is a well-known educator, author and lecturer. He and his family reside in Montreal, Canada.
From "Sefer Hamitzvot in English," published by
Sichos in English.
Positive Commandment 214 (Digest)
A Newly Married Groom's Obligations
"He shall be free to his home for one year, and he shall cheer his wife whom he has taken"—Deuteronomy 24:5.
A newly-married groom, for the first year following his marriage, is commanded to remain together with his wife, and should not embark upon journeys, join the army in battle, or anything of the like. Rather he should rejoice with his wife for a full year.
The 214th mitzvah is that we are commanded that a newlywed man should remain together with his wife for a full year. He shall not travel away, serve in a "conquering army," or take on any similar obligations. Rather, he shall gladden her for a full year beginning with the wedding day.
The source of this commandment is G‑d's statement (exalted be He), "[When a man takes a new bride...] he must remain free for his house for one year and gladden his bride."
The details of this mitzvah are explained in the eighth chapter of tractate Sotah.
Rabbi Berel Bell is a well-known educator, author and lecturer. He and his family reside in Montreal, Canada.
From "Sefer Hamitzvot in English," published by
Sichos in English.
Negative Commandment 311 (Digest)
Causing a Newly Married Groom to be Absent from his Home
"Neither shall he be charged with any business"—Deuteronomy 24:5.
It is forbidden to conscript a newly-married groom, for the first year following his marriage, for military or civic duties. Rather, he must be absolved from all duties that would cause him to be absent from his home.
This prohibition is directed to those responsible for conscription as well as the groom himself—he may not journey away from his home for an entire year.
The 311th prohibition is that we are forbidden from taking a newlywed man from his home for any duty — military or otherwise — for one year [from his wedding]. For the entire year we exempt him from any responsibilities that would cause him to be absent from home.
The source of this prohibition is G‑d's statement (exalted be He), "[When a man takes a new bride, he shall not enter military service] nor shall he be assigned to any duty."
The Gemara says in tractate Sotah, "From the phrase, 'he shall not enter military service,' one could think that only military service is prohibited, but that he should be assigned to prepare weapons and supply water and food. The Torah therefore adds, 'nor shall he be assigned to any duty.' The word 'he [be assigned]' teaches that only he may not be assigned, but that others may be assigned. But since we could learn it from, 'nor shall he be assigned to any duty,' why is it written, 'he shall not enter military service'? So that the transgressor be in violation of two prohibitions." We already explained in the Ninth Introductory Principle that not always does the violation of "two prohibitions" constitute two commandments.
You should be aware that the newlywed himself is also prohibited from leaving home, i.e. traveling abroad, for the entire year.
The details of this mitzvah are explained in the eighth chapter of tractate Sotah.
Rabbi Berel Bell is a well-known educator, author and lecturer. He and his family reside in Montreal, Canada.
From "Sefer Hamitzvot in English," published by
Sichos in English.
Negative Commandment 58 (Digest)
Fearlessness in Battle
"You shall not be terrified by them"—Deuteronomy 7:21.
It is forbidden to be fearful of our heretical enemies in the course of battle and turn back and flee. Rather, we are obligated to strengthen our hearts and stand strong in the lines of battle.
The 58th prohibition is that we are forbidden from fearing the enemy at time of war and retreating before them. Rather, it is an obligation to strengthen one's heart and stand strong in the lines of battle. A person who turns away and retreats violates this prohibition.
The source of this prohibition is G‑d's statement, "Do not retreat before them." This prohibition is repeated in the statement, "Do not fear them." The same idea — not to retreat or turn back during battle — is repeated many times, because it is a situation in which real truth can triumph.
The details of this mitzvah are explained in the eighth chapter of tractate Sotah.
Rabbi Berel Bell is a well-known educator, author and lecturer. He and his family reside in Montreal, Canada.
From "Sefer Hamitzvot in English," published by
Sichos in English.
Positive Commandment 221 (Digest)
The Beautiful Captive
"And you see among the captives a beautiful woman"—Deuteronomy 21:11.
We are commanded regarding the law of the beautiful female captive [i.e., we must follow the pertinent laws detailed in the Torah].
The 221st mitzvah is that we are commanded regarding the law of a yefas to'ar.
The source of this commandment is G‑d's statement (exalted be He), "[When you wage war against your enemies...,] if you see a yefas to'ar among the prisoners [and desire her, you may take her as a wife]."
The details of this mitzvah are explained in the beginning of tractate Kiddushin.
Rabbi Berel Bell is a well-known educator, author and lecturer. He and his family reside in Montreal, Canada.
From "Sefer Hamitzvot in English," published by
Sichos in English.
Negative Commandment 263 (Digest)
Selling the Beautiful Captive
"And it will be, if you do not desire her, then you shall send her away wherever she wishes, but you shall not sell her for money"—Deuteronomy 21:14.
It is forbidden to sell the beautiful captive into servitude after cohabiting with her once on the battlefield.
The 263rd prohibition is that we are forbidden from selling a yefas to'ar after [her captor] has had intercourse with her at the time the land was conquered, as explained in the proper place.
The source of this prohibition is G‑d's statement (exalted be He), "If you do not desire her, however, you must send her away free. You may not sell her for money."
Rabbi Berel Bell is a well-known educator, author and lecturer. He and his family reside in Montreal, Canada.
From "Sefer Hamitzvot in English," published by
Sichos in English.
Negative Commandment 264 (Digest)
Enslaving the Beautiful Captive
"You shall not treat her as a slave, because you have afflicted her"—Deuteronomy 21:14.
It is forbidden to force the beautiful captive into one's own service, i.e. that she should serve him as a handmaiden.
The 264th prohibition is that we are forbidden from enslaving a yefas to'ar after having had intercourse with her. By "enslaving," I mean to make her a servant and leave her together with the rest of your servants who serve you.
The source of this prohibition is G‑d's statement (exalted be He), "Do not keep her as a servant, since you have had relations with her."
The Sifri says, "The phrase lo sisameir ba means that you shall not use her as a servant." It has been demonstrated to you that these two prohibitions prohibit two distinct acts: not to sell her to someone else, and also not to leave her under you as a servant. Rather, you should follow G‑d's command (exalted be He), "You must send her away free." The same is explained regarding one who kidnaps someone, "and forces him to serve and then sells him." Our Sages said, "[He is guilty] as soon as he brings him into his property and forces him to serve."
The details of the law of the yefas to'ar are explained in the first chapter of tractate Kiddushin.
Rabbi Berel Bell is a well-known educator, author and lecturer. He and his family reside in Montreal, Canada.
From "Sefer Hamitzvot in English," published by
Sichos in English.
Conclusion
We will restart tomorrow...
Translation of (the unabridged text of) Sefer Hamitzvot by Rabbi Berel Bell, member of the Rabbinical Court of Montreal and director of Teacher Training for the Jewish Learning Institute.
From "Sefer Hamitzvot in English," published by
Sichos in English.
