Melachim uMilchamot - Chapter 7

In both a milchemet mitzvah and a milchemet hareshut, a priest is appointed to address the nation before the battle. He is anointed with the oil of anointment and is called, the meshuach milchamah.

The meshuach milchamah speaks to the nation twice: Once, at the border, as the army is leaving before they assume battle positions. At that time, he tells the nation: "Is there a man who has planted a vineyard and has not redeemed his first crop?..." (Deuteronomy 20:6). When these individuals hear his words, they should retreat from the battlefront.

He speaks a second time when the army has assumed battle positions: Then, he declares: "Do not be afraid. Do not panic..." (ibid. 20:3).

When the armies assume battle positions and will shortly join in war, the meshuach milchamah stands in an elevated place before the array of the entire army. He addresses them in Hebrew:

"Listen, Israel, today you are about to wage war against your enemies. Do not be faint-hearted. Do not be afraid. Do not panic and do not break ranks before them. God, your Lord, is the One accompanying you to do battle for you against your enemies to deliver you (ibid. 20:3-4)."

These words are related by the meshuach milchamah. Afterwards, another priest of a lower rank, proclaims them to the people in a loud voice. Then, the meshuach milchamah announces:

"Is there a man who has built a new house?... Let him go home..."

"Is there a man who has planted a vineyard?... Let him go home..."

"Is there a man who has consecrated a woman?... Let him go home..." (ibid. 20:5-7).

These words are related by the meshuach milchamah. Afterwards, an officer proclaims these words to the nation in a loud voice. the officer announces on his own initiative: "Is there a man who is afraid or faint-hearted? Let him go home..." (ibid. 20:8). Another officer proclaims these words to the people.

After these individuals depart from the battlefront, the army is arrayed again and commanding officers are appointed at the head of the nation.

Powerful officers with iron axes in their hands are placed in the rear of each array of troops. If a person wants to leave the battle, they have permission to chop off his legs, for flight is the beginning of defeat.

In which instances are the above-mentioned individuals sent away from the battlefront? In a milchemet hareshut. By contrast, in a milchemet mitzvah, the entire nation must go out to war, even a groom from his chamber, and a bride from her pavilion.

Those who leave the battlefront include a person who builds:

a house to dwell in,

a barn for his cattle,

a woodshed, or

a storage house.

A person who builds one of the latter is deferred because those structures are also fit for dwelling.

Just as a person who builds a home is deferred from military service; so, too, one who buys a home, receives one as a present, or inherits one should also return from the front.

However, one who builds (a silo,) a gatehouse, an excedra, a porch, or a house that is less than four cubits by four cubits, and similarly, a person who steals a house does not return from the war.

Just as a person who plants a vineyard is deferred from military service; so, too, one who plants five fruit trees, even though they are of five different species receives a similar deferment.

This applies to one who plants a vineyard, one who extends, one who grafts, the extensions and graftings must be significant enough to obligate the vine in orlah, one who buys, one who inherits, and one who received one as a present.

However, one who plants four fruit trees or five trees that do not bear fruit and similarly, one who steals a vineyard does not return from the battlefront because of it. Also, when a vineyard is planted by two partners, neither may return from the battlefront because of it.

Just as a man who consecrates a virgin is deferred from military service; so, too, a deferment is granted to one who consecrates a widow and similarly, to a man to whom a yevamah becomes obligated. Even if there are five brothers and one of them dies, all should return from the battlefont.

If a man consecrates a wife on the condition that the Kiddushin take effect retroactively from the day they were given after a year has passed and that time period is completed during a war, he should return from the battlefield.

A person who remarries his divorcee and one who consecrates a woman whom he is forbidden to marry, for example, a widow for a High Priest, a divorcee or a woman who has undergone chalitzah for a common priest, or a mamzer or a natinah to an Israelite, or an Israelitess to a mamzer or natin, should not return from the battlefield.

All those who return from the army camp, return when they hear the proclamation of the priest. They must supply food and water to their brethren in the army and fix the roads for them.

The following should not go out to the army camp at all and should not be bothered for any obligation whatsoever:

one who builds a house and dedicates it;

one who marries the woman he consecrated or his yevamah;

one who redeems his vineyard.

They are not conscripted until the completion of one year as Deuteronomy 24:5 states: "He must remain free for his home for one year and rejoice with the bride he took." The Oral Tradition teaches that the one-year deferment applies whether he purchased a house, married a woman, or began to benefit from the fruit of his vineyard.

During this entire year, he is not obligated to supply the troops with food or water. He should not fix the roads, guard the walls or pay the levy for beams for the gates of the city, as ibid. states: "He shall not enter military service or be assigned any duties."

The repetition of the prohibition teaches that the transgression of two prohibitions are involved. He is not obligated to his city, nor to the army.

If a person builds a house and rents it to others, in the event the tenants pay the rent beforehand, it is considered as if he has already benefited from it. If they do not pay him rent until after twelve months have passed, it is considered as if he has not yet derived benefit.

The following rules apply when a man built a house, placed his belongings inside, and locked them within: If he has to spend time guarding them, it is considered as if he derived benefit from the home and began dwelling there. If he does not have to sit and guard them, he is considered as one who has derived no benefit from his home as of yet.

Anyone that builds a house or plants a vineyard outside of the land of Israel, is not sent back [from the battlefront].

To whom does the phrase "Is there a man who is afraid or faint-hearted?" refer? The phrase should be interpreted simply, as applying to a person whose heart is not brave enough to stand in the throes of battle.

Once a soldier enters the throes of battle, he should rely on the Hope of Israel and their Savior in times of need. He should realize that he is fighting for the sake of the oneness of God's Name. Therefore, he should place his soul in his hand and not show fright or fear.

He should not worry about his wife or children. On the contrary, he should wipe their memory from his heart, removing all thoughts from his mind except the war.

Anyone who begins to feel anxious and worry in the midst of battle to the point where he frightens himself violates a negative commandment, as it is written (Deuteronomy 20:3): "Do not be faint-hearted. Do not be afraid. Do not panic and do not break ranks before them."

Furthermore, he is responsible for the blood of the entire Jewish nation. If he is not valiant, if he does not wage war with all his heart and soul, it is considered as if he shed the blood of the entire people, as ibid. 20:8 states: "Let him go home, lest he demoralize the hearts of his brethren like his own." Similarly, the prophetic tradition explicitly states: "Cursed be he who does God's work deceitfully. Cursed be he who withholds his sword from blood." Jeremiah 48:10

In contrast, anyone who fights with his entire heart, without fear, with the intention of sanctifying God's name alone, can be assured that he will find no harm, nor will bad overtake him. He will be granted a proper family in Israel and gather merit for himself and his children forever. He will also merit eternal life in the world to come as I Samuel 25:28-29 states: "God will certainly make my lord a faithful house, for my lord fights the wars of God and evil will not be found with you... and my lord's soul will be bound in a bond of life with God."