Kings and Wars

Israel was commanded to fulfill three mitzvot upon entering the Promised Land: a) To choose a king, as Deuteronomy 17:15 states: 'Appoint a king over yourselves;' b) To wipe out the descendents of Amalek, as Deuteronomy 25:19 states: 'Erase the memory of Amalek;' c) To build G-d's Chosen House, as Deuteronomy 12:5 states: 'Seek out His Presence and go there.'

The appointment of a king should precede the war against Amalek. This is evident from Samuel's charge to King Saul (I Samuel 15: l-3): 'G-d sent me to anoint you as king ... Now, go and smite Amalek.' Amalek's seed should be annihilated before the construction of the Temple, as II Samuel 7:1-2 states: 'And it came to pass, when the king dwelled in his palace, and G-d gave him peace from all his enemies who surrounded him, the king said to Nathan, the prophet: 'Look! I am dwelling in a house of cedar, ... but the ark of G-d dwells within curtains.' Since it is a mitzvah to appoint a king, why was G-d displeased with the people's request of a king from Samuel? Because they made their request in a spirit of complaint. Rather than seeking to fulfill the mitzvah of appointing a king, they were simply intent on rejecting the Prophet Samuel as implied by G-d's reply to him (I Samuel 8:7 : 'It is not you, but Me they have rejected.'

As an initial and preferred option, a king may be appointed only by a court of 70 elders, together with a prophet, as Joshua was appointed by Moses and his court, and as Saul and David, were appointed by Samuel of Ramah and his court.

A king should not be appointed from converts to Judaism. This applies even if the convert's ancestors had been Jewish for many generations, unless his mother [or father] is a native-born Israelite, as Deuteronomy 17:15 states: 'You may not appoint a foreigner who is not one of your brethren.' This does not apply to the monarchy alone, but to all positions of authority within Israel. A convert may not serve as an army commander, a leader of fifty, or as a leader of ten. He may not even supervise the allocation of water from a stream to various fields. Needless to say, a judge or a nasi should only be a native-born Israelite, as it is stated (ibid.): 'Appoint a king over you from among your brethren.' This implies that all appointments must only be 'from your brethren.'

We may not appoint a woman as king. When describing the monarchy, the Torah employs the male form of the word king and not the female. This principle also applies to all other positions of authority within Israel. Only men should be appointed to fill them.

Neither a butcher, barber, bath-attendant, nor a tanner should be appointed king or High-Priest. This is not because of an inherent fault, but because their professions are less prestigious, and the people will always treat them lightly. A person who has served in one of these professions for even one day, is disqualified for the monarchy.

When a king is appointed, he is anointed with oil reserved for this purpose, as I Samuel 10:1 states: 'And Samuel took the cruse of oil and poured it over his head. Then, he kissed him.' Once a king is anointed, he and his descendents are granted the monarchy until eternity, for the monarchy is passed down by inheritance, as Deuteronomy 17:20 states 'Thus, he the king and his descendents will prolong their reign in the midst of Israel.' If the king leaves only a young son, the monarchy should be held for him until he matures, as Yehoyada did for Yoash. The order of inheritance of the monarchy is the same as that governing the inheritance of property. An older son is given precedence over a younger one. Not only the monarchy, but all other positions of authority and appointments in Israel, are transferred to one's children and grandchildren as inheritances forever. The above applies if the knowledge and the fear of G-d of the son is equivalent to that of his ancestors. If his fear of G-d is equivalent to theirs but not his knowledge, he should be granted his father's position and given instruction. However, under no circumstance should a person who lacks the fear of G-d be appointed to any position in Israel, even though he possesses much knowledge. Once David was anointed king, he acquired the crown of kingship. Afterwards, the kingship belonged to him and to his male descendents forever, as II Samuel 7: 16 states: 'Your throne shall be established forever.' Nevertheless, his acquisition of the monarchy was conditional, applying only to the righteous among his descendents, as Psalms 132:12 states: 'If your children will keep My covenant... their children shall also sit on your throne forever.' Despite this condition, G-d assured David that the monarchy would never be taken from his descendents forever, as Psalms 89:31-38 states: "lf his children will forsake My Torah and cease walking in My statutes ... I will punish their transgressions with the rod and their sins with plagues. Nevertheless, I will not utterly remove My grace from him.... His throne shall be ... established forever.'

If a prophet appoints a king from any other tribe of Israel and that king follows the path of Torah and mitzvot and fights the wars of G-d, he is considered as a king, and all the commandments associated with the monarchy apply to him. Although the kingship was primarily given to David and one of his descendents will be serving as king, there is halachic legitimacy to the rule of other kings. Behold, Achiyah of Shilo appointed Jeroboam and told him (I Kings 11:38 : 'And it shall be that if you obey all that I command you... I will build you a faithful house as I built for David.' Similarly, Achiyah told him (ibid.: 36): 'To his (David's) son, I will grant one tribe, so that David, My servant, will always have sovereignty before Me in Jerusalem.'

The kings of the Davidic dynasty will prevail forever (II Samuel 7:16 : 'Your throne shall be established forever.' In contrast, should a king arise from other Israelites, the monarchy will eventually cease from his descendents. For behold, Jeroboam was told: I Kings 11:39 'I will afflict the House of David.... but not forever.'

Kings of Israel are not anointed with the special anointing oil, but with Afarsimon oil. Only a descendent of David may be appointed as king in Jerusalem. And only descendents of David are anointed with the special anointing oil.

The kings of the Davidic dynasty should only be anointed near a spring.

A son who succeeds his father as king is not anointed unless he assumes his position amid a dispute over the inheritance or during a civil war. Under these circumstances, he should be anointed in order to remove all disagreement. Therefore, they anointed Solomon because of the claim of Adoniyahu, Jehoash, because of the usurpation of Atalyah, and Jehoachaz, because of [the claim of his brother, Jehoyakim.

They behave towards the king with great respect. And they place for him great fear and awe in the heart of every person. As it says, "you shall surely place," i.e., that his fear be on you. They do not ride on his horse. And they do not sit on his throne. And they do not use his scepter, his crown, or any of his instruments. And when he dies, all of them are burnt before him. And similarly one may not use his slaves or slave-women and servants, unless one is another king. Thus Avishag was permitted to Solomon and forbidden to Adonijah.

But no one may ever have sexual intercourse with the wife of the king. Even the king may not marry the widow or divorcee of another king.

It is forbidden to observe him while he is naked, while he is having his hair cut, while he is in the baths, or while he is drying himself afterwards. He may not perform chalitzah, for concerning that ritual, it is said Deuteronomy 25:9: 'And she shall spit before him.' This would be disrespectful to the king. Even if he desires to perform this mitzvah, he is not given the opportunity because a king's honor must be preserved even though he is willing to forgo it. Since he is not allowed to perform chalitzah, he is not eligible to participate in yibbum. Similarly, in the event of his death, since it is forbidden to initiate yibbum with his wife, chalitzah is also not performed for her. Rather, she must remain in her state of attachment forever.

Even if one of his close relatives dies, he may not leave his palace. When he is served the meal of comfort, the entire nation should sit on the ground and he should sit on a low couch. If he enters the Temple courtyard, and he is of David's descendents, he may sit. For the only ones who may sit in the Temple Courtyard are kings of the Davidic dynasty, as II Samuel 7:18 states: 'And David sat before G-d.'

A king should have his hair cut every day. He should dress and adorn himself in attractive and impressive garments, as Isaiah 33:17 states: 'Your eyes shall behold the king in his beauty.' He sits on his throne in his palace and has a crown placed on his head. When he desires, the nation must present themselves before him. They should stand before him and prostrate themselves to the ground. Even a prophet must stand before the king and prostrate himself on the ground, as I Kings 1:23 states: 'Behold, Nathan, the prophet came before the king and prostrated himself before the king.' However, a High Priest need not come before the king unless he the High Priest desires to do so. The High Priest need not stand before the king. Rather, the king stands before the High Priest, as Numbers 27:21 states: 'And he shall stand before Elazar, the priest.' Nevertheless, it is a mitzvah for the High Priest to honor the king by having him seated and standing in his presence when he visits him. The king should only stand before him when he consults the Urim and Tumim. Similarly, it is a mitzvah for the king to honor students of Torah when they enter his presence. He should stand before the Sanhedrin and the Sages of Israel and seat them at his side. Jehosephat, King of Judah would follow this practice. Whenever even a student of a Torah scholar would come to him, he would rise from his throne and kiss him and address him as 'My teacher and master.' When does the above apply? When the king is alone in his palace. Then, in private, before his servants, he should behave in this fashion. However, in public, before the people at large, he should not conduct himself in this manner. He should not stand before anyone. He should not speak gently and should address a person using his name alone in order that the awe of him will be implanted in everyone's hearts.

Just as Scripture has granted [the king] great honor and obligated all in honoring him, so has it enjoined [the king] to be humble and empty (of self-pride), as it is written, "and my heart is empty within me" (Psalms 109:22). He should not act more proudly than necessary toward [the people] Israel, as it is written, "Thus he will not act haughtily toward his fellows" (Deuteronomy 17:20). He should be gracious and merciful toward the lowly and the great. He should show concern for their property and welfare. He should show regard for the dignity of the lowliest. When he addresses the public, he should speak gently, as it is written, "Hear me, my brothers, my people!" (I Chronicles 28:2). It is also written, "If you will be a servant to these people today, etc." (I Kings 12:7). He should always behave with great modesty. None was greater than our Teacher Moses of whom it is written, "What are we? Your complaints are not with us..." (Exodus 16:8). He should bear with their troublesomeness, burdensomeness, complaining, and irritation as a governor bears with an infant. Scripture dubs him a shepherd: "to tend His people Jacob" (Psalms 78:71). The way of the shepherd is stated in Tradition [that is, the Prophets], "as a shepherd He pastures his flock: He gathers the lambs in His arms and carries them in His bosom..." (Isaiah 40:11).

During a king's reign, he must write a Torah scroll for himself in addition to the scroll which was left to him by his ancestors. A court of 71 elders should check this scroll by comparing it to the Torah scroll kept in the Temple Courtyard. If his ancestors did not leave him a Torah scroll or that scroll was lost, he must write two Torah scrolls: one, in whose writing, he is obligated as is every individual Israelite, and which he places in his treasury; the second, which should not move from his presence except when he enters a lavatory, the baths, or other places in which it is not fit to read the words of Torah. When he goes to war, this scroll should accompany him. When he returns, it should accompany him. When he sits in judgement, it should be with him. When he dines, it should be opposite him, as Deuteronomy 17:19 states: 'It should accompany him and he should read it all the days of his life.'

'He should not amass many wives' Deuteronomy 17:17. The Oral Tradition states that he may take no more than eighteen wives. The figure eighteen includes both wives and concubines. If he takes an additional wife and has relations with her, he is punished with lashes. He may divorce one of his wives and marry another instead of the one he divorced.

He may not accumulate many horses, only what is necessary for his cavalry. It is even forbidden for him to have one additional horse to run before him as is customarily done by other kings. If he adds an additional horse, he is to be lashed.

He should not amass silver and gold for the sake of depositing in his treasuries and boasting of them or of adorning himself with them. Rather [he may amass silver and gold] in order to pay his soldiers, courtiers, and servants. As for any silver and gold that he amasses for the treasury of the house of the Name or to prepare for public needs and wars, it is the fulfillment of a precept to do so. It is only forbidden [for him] to amass for himself in his own treasuries, as it is written "He shall not amass for himself" (Deuteronomy 17:17). If he does so amass, he is lashed.

The king is forbidden to drink wine to the point of intoxication, as Proverbs 31:4 states: 'It is not for kings to drink wine....' Rather, he should be involved with Torah study and the needs of Israel by day and by night, as Deuteronomy, loc. cit. states: 'It should accompany him and he should read it all the days of his life.'

Similarly, he should not be licentious with women. Even if he has only one wife, he may not consort with her at all times as fools do, as it is written, "Do not give your strength to women" (Proverbs 31:3). The Torah shows concern to avoid his becoming distracted, as it is written, "He shall not turn aside his mind [lit. heart]" (Deuteronomy 17:17). For his mind is the mind of the entire congregation of Israel. Therefore, Scripture bids him cleave to the Torah more than [it does] the rest of the people, as it is written, "all the days of his life" (Deuteronomy 17:19).

We have already explained that kings of the Davidic dynasty may be judged and testimony may be given against them. However, in regard to the other kings of Israel, the Sages decreed that they neither sit in judgement or be judged. They may not give testimony, nor is testimony given against them. This is because they are arrogant and the matter may cause a tragedy and loss to the faith.

Anyone who rebels against a king of Israel may be executed by the king. Even if the king orders one of the people to go to a particular place and the latter refuses, or he orders him not to leave his house and he goes out, the offender is liable to be put to death. The king may execute him if he desires, as Joshua 1:18 states: 'Whoever rebels against your command ... shall be put to death." Similarly, anyone who embarrasses or shames the king may be executed by the king as was Shim'i ben Gera. The king may only execute people by decapitation. He may also imprison offenders and have them beaten with rods to protect his honor. However, he may not confiscate property. If he does, it is considered theft.

A person who negates a king's command because he was occupied with a mitzvah, even a minor one, is not liable. Whose words should have precedence in case of conflict, the words of the Master or the words of the subject? Needless to say, if a king decrees that a mitzvah should be negated, his words should not be heeded.

A murderer against whom the evidence is not totally conclusive, or who was not warned before he slew his victim, or even one who was observed by only one witness, and similarly, an enemy who inadvertently killed one of his foes - the king is granted license to execute them and to improve society according to the needs of the time. He may execute many on one day, hang them, and leave them hanging for many days in order to cast fear into the hearts and destroy the power of the wicked of the earth.

The king is granted license to levy taxes upon the nation for his needs or for the purpose of war. He may also fix a duty on merchandise. It is forbidden to avoid paying this duty. The king has the right to decree that if someone does not pay these duties, his property will be seized or he will be killed. These laws are derived as follows: I Samuel 8:17 states: 'You will be servants to him, the king.' Previously, Deuteronomy 20:11 states: 'They shall be subject to your levy and they shall serve you.' From this association, it is derived that the king may levy taxes and fix duties. The statutes that he establishes in these and related matters are accepted as law for all the matters mentioned in the Biblical passage concerning the king are rights to which the king is entitled.

He may also send throughout the territory of Eretz Yisrael and take from the nation valiant men and men of war and employ them as soldiers for his chariot and cavalry. Similarly, he may appoint them as his body guard and as footmen to run before him as I Samuel 8:11 states: 'He shall place them among his charioteers and his horsemen and they shall run before his chariot.' He may also take the choicest of them to be his servants and attendants as ibid.:16 states: 'He shall take... your finest young men... to do his work.'

Similarly, he may take all those that are necessary for him from the nation's craftsmen and employ them to do his work. He must pay their wages. He may also take all the beasts, servants, and maids that are necessary for his tasks. He must pay their hire or their value as ibid.:12-16 states: 'He will set them to plough his ground and to reap his harvest, to make instruments of war, and gear for his chariots.... He will take your servants, your maids, your finest young men, and your donkeys to do his work.'

Similarly, he may take wives and concubines from the entire territory of Eretz Yisrael. The term 'wives' implies women who were married with A ketubah and kiddushin; concubines, women who were not given A ketubah and kiddushin. With the act of yichud alone, the king acquires her and relations with her are permitted him. A commoner is forbidden to have a concubine. The only similar relationship is the union with a Hebrew maid servant after she has been designated by her master. The king may make the concubines which he takes to his palace cooks, bakers, and perfumers as ibid.:13 states: 'He will take your daughters to be perfumers, cooks, and bakers.

He may force those who are fit to serve as officers, appointing them as leaders of thousands and leaders of fifties as ibid.:12 states: 'He shall appoint them as leaders of thousands and leaders of fifties for himself.'

He may take fields, olive groves, and vineyards for his servants when they go to war and allow them to commandeer these places if they have no source of nurture other than them. He must pay for what is taken. This is stated in ibid.:14: 'He shall take your good fields, vineyards, and olive groves and give them to his servants.

He is entitled to a tenth of the produce of the seed and the orchards and the newborn beasts as ibid.:16-17 states: 'He will take a tenth of your seed and your vineyards...He shall take a tenth of your sheep.'

The Messianic king may take a thirteenth portion of all the lands conquered by Israel as his own. This will be an allotment for him and his descendants forever.

The property of all those executed by the king, belongs to the king. Similarly, all the treasures belonging to the kings of the kingdoms which he conquers become the property of the king. In regard to the other spoil which is taken. The soldiers may take spoil. Afterwards, they must bring it to the king. He is entitled to one half of the spoil. He takes this portion first. The second half of the spoil is divided between the combat soldiers and the people who remained in camp to guard the baggage. An equal division is made between them as I Samuel 30:24 relates: 'The portion of those who go down to the battle will be as the portion of those who stay with the baggage. They shall divide equally.'

All the lands that he conquers belong to him. He may apportion them to his servants and soldiers as he desires and keep the remainder for himself. In all these matters, the judgement he makes is binding. In all matters, his deeds shall be for the sake of heaven. His purpose and intent shall be to elevate the true faith and fill the world with justice, destroying the power of the wicked and waging the wars of G-d. For the entire purpose of appointing a king is to execute justice and wage wars as I Samuel 8:20 states: 'Our king shall judge us, go out before us, and wage our wars.'

At first, a king should fight only obligatory wars. Which wars are obligatory? The wars of the seven nations, and the war of Amalek, and saving Israel from an enemy who comes against them. And after that, he may fight a discretionary war, which means a war fought against any other nation in order to widen Israel's boundaries and increase its greatness and reputation.

An obligatory war does not require that he seek permission from the court, rather he may go forth on his own at any time and compel the people to go out, but for a discretionary war he may not bring forth the people except in accordance with the court of seventy one.

And he may break through [property] to make a road and no one can oppose it. And there is no limit to the size of a king's road. Rather, it is according to what he needs. He does not curve the roads because of the vineyard of this [one] or because of the field of that [one], but rather he goes straight and fights his war.

It is a positive commandment to destroy the seven nations, as it is stated (Deuteronomy 20:17), "you shall surely destroy them." And anyone who chances upon one of them and does not kill him transgresses a negative commandment, as it is stated (Deuteronomy 20:16), "do not let any soul live." And their memory has already vanished.

And so [too] is it a positive commandment to destroy the memory of Amalek, as it is stated (Deuteronomy 25:19), "erase the memory of Amalek." And it is a positive commandment to always remember his evil deeds and his ambush in order to arouse enmity, as it is stated (Deuteronomy 25:17), "Remember what Amalek did to you." From the tradition, they learned, "'remember' - with your mouth - 'do not forget' - with your heart, as it is forbidden to forget his enmity and his hatred.

All lands that Israel conquers with a king in accordance with the court, behold this is [considered] a conquest of the community, and behold, it is like the conquest of Yehoshua in every regard. And that is if they conquered it after the conquest of the entire land of Israel that is stated in the Torah.

And it is permissible to dwell in the whole world except fo the land of Egypt; from the Great Sea to the West it is four hundred parasangs by four hundred parasangs, across from the land of Kush and across from the desert. All [Jews] are forbidden to settle there. In three places did the Torah prohibit [us] from not returning to Egypt, as it is stated: "you shall not return upon this path again" (Deuteronomy 17:16); "you shall not continue to see it any more" (Deuteronomy 28:68); "you shall not continue to see them any more, forever" (Exodus 14:13). And Alexandria is within the category of the prohibition.

It is permissible to return to the land of Egypt for merchandise or for business or to conquer other lands [adjacent to it]. It is only prohibited to tarry there. And we do not give lashes for this prohibition. As at the time of his entering, it was permissible; and if he thinks to settle and to tarry there, there is no act (as lashes are only administered if there is a forbidden act). And it appears to me that if a king of Israel conquers the land of Egypt in accordance with the court, that it is permissible; and [the Torah] only prohibited individuals from returning or dwelling there when it is in the hands of the gentiles, since their deeds are more corrupted than all of the lands, as it is stated (Leviticus 18:3), "Like the doings of the land of Egypt."

It is always prohibited to go from the land of Israel to outside of the land, except to study Torah or to marry a woman or to save (possessions) from non-Jews, and [then] to return to the land. And so [too] may he go out for merchandise. But to dwell outside the Land is prohibited unless there is intense famine, where the amount of wheat purchasable for one dinar becomes two dinars. To what does these words refer? When money is ample and produce is expensive. However, if produce is inexpensive and money is not ample, and there is not from what to earn [it] and coinage is gone from the pocket, he may go out to any place where he can find relief. And even though it is permissible to go out [in these circumstances], it is not the measure of piety; as behold, Machlon and Khilion were two leaders of the generation and they left because of great anguish, and [nonetheless] they became liable for destruction from the Omnipresent.

The great sages would kiss the borders of the land of Israel and kiss its stones and roll in its dirt. And so [too], it states (Psalms 102:15), "For Your servants wanted its stones and its dirt they favored."

The sages said, "Anyone who dwells in the land of Israel has his iniquities forgiven, as it is stated (Isaiah 33:24), 'And that the neighbor not say, "He has become sick"; the nation that dwells in it is forgiven of iniquity.'" Even if [one] walks four ells in it, he merits life in the world to come. And so [too], one who is buried there is absolved, as if it were an altar of absolution, as it is stated (Deuteronomy 32:43), "and His land will absolve its people." And as a punishment, it stated (Amos 7:17), "upon impure ground you will die." And one's reception [by the land] while alive is not the same as one'reception after one's death (the latter being less significant). And nonetheless, the great sages would bring their dead there. Go and lean [this] from our father, Yakov and from Yosef the righteous.

Truly a person should dwell in the land of Israel, even in a city the majority of which are gentiles, and not dwell outside of the land, and even in a city the majority of which are Jews. As any one who goes out of the land is as if he worships idols, as it is stated (I Samuel 26:19), "as they have driven me away from clinging to the inheritance of G-d, saying 'Go worship other gods.'" And as a punishment, it stated (Ezekiel 13:9), "and to the ground of Israel they will not come." The same way that it is forbidden to go from the land to outside of the land, so [too] is it forbidden to go out from Babylonia to the other lands, as it is stated (Jeremiah 27:22), "To Babylonia will they be brought and there will they be."

A war is never waged against anyone before peace is offered. This applies both to an obligatory war and to a permitted war, as it is written “when you get near a city to wage war against it, you must offer peace” (Deut. 20:10). If they agree and accept upon themselves the seven mitzvot given to the children of Noah, not a single soul is to be harmed, and they are to pay taxes , as it is written “they will pay taxes and serve you” (Deut. 20:11). If they accepted taxes but not servitude, or servitude and not taxes, we don’t listen to them, until they accepted both. …

In the settlement he offers, the king may propose that he is entitled to take half their financial resources. Or he may propose to take all their landed property and leave them their movable property; or to take all their movable property and leave their land.

It is forbidden to lie when making such a covenant or to be untruthful to them after they have made peace and accepted the seven mitzvot.

And if they did not make peace or they did make peace but did not accept the seven commandments, we make war with them and kill all of the adult males and loot all of their money and children. But we do not kill women and not children, as it is stated (Deuteronomy 20:14), "[and] the women and children" - this is [referring to] the male children. What are these words referring to? To an optional war, which is with the other nations. But if the seven nations or Amalek did not make peace, we do not leave one soul [alive], as it states (Deuteronomy 20:15-16), "Do this to all, etc. However, from the cities of [these] nations, [...] do not leave a soul alive." And so [too], regarding Amalek, it states (Deuteronomy 25:19), "obliterate the memory of Amalek." And from where [do we know] that it is only speaking about those that did not make peace? Since it states (Joshua 11:19-20), "There was no city that made peace with the Children of Israel, except for the Hivite, that dwelled in Giveon; everything they took in war. As it was from the Lord to strengthen their hearts to meet Israel in war, in order that they be destroyed." It is implied that they sent them [terms of] peace and they did not accept.

Joshua sent three letters to the Canaanites before entering the promised land: At first, he sent them: 'Whoever desires to flee, should flee.' Afterwards, he sent a second message: 'Whoever desires to accept a peaceful settlement, should make peace.' Then, he sent again: 'Whoever desires war, should do battle.' If so, why did the inhabitants of Gibeon employ a ruse? Because originally, when he sent the message to them as part of all the Canaanite nations, they did not accept. They were not aware of the laws of Israel and thought that they would never be offered a peaceful settlement again. Why was the matter difficult for the princes of Israel to accept to the point that they desired to slay the Gibeonites by the sword were it not for the oath they had taken? Because they made a covenant with them and Deuteronomy 7:2 states 'Do not make a covenant with them.' Rather, the laws governing their status would have prescribed that they be subjugated as servants. Since the oath was given to them under false pretenses, it would have been just to slay them for misleading them, were it not for the dishonor to G-d's name which would have been caused.

When a city is sieged to be conquered, we do not surround the four sides of it , rather, only three, and a place is selected as a place where whoever wants to flee and save their lives can, as it is written: And they warred against Midian, as Hashem commanded Moshe (Num. 31:7) from the wording we understand that he was commanded.

We do not cut fruit-bearing trees that are outside the place, and we do not withdraw water so they will shrivel and die, as it is written: you must not destroy its trees (Deut. 20:19) and whoever cuts them receives lashes. And this does not apply just to the siege, but in every place whoever cuts down a fruit-bearing tree just to destroy receives lashes. But we do cut a tree if it is damaging other trees, or others’ field, or if its value is great – the Torah only forbids in the case of destruction.

Any fruitless tree can be cut, even if it unnecessary – and this applies to a fruit-bearing tree that was damaged and cannot bear fruit anymore, or if it bears only such a small quantity that we don’t bother harvesting it. And how much is necessary for it not to be cut? A olive tree – a quarter kav; a date tree – a full kav.Any fruitless tree can be cut, even if it unnecessary – and this applies to a fruit-bearing tree that was damaged and cannot bear fruit anymore, or if it bears only such a small quantity that we don’t bother harvesting it. And how much is necessary for it not to be cut? A olive tree – a quarter kav; a date tree – a full kav.

It is permissible to cut down any non-fruit bearing tree, even if one has no need for it. Similarly, one may cut down a fruit bearing tree that has become old and produces only a slight yield which does not warrant the effort required to care for it. What is the yield that an olive tree must produce to warrant that it should not be cut down? A quarter of a kav of olives. Similarly, a date palm which yields a kav of dates should not be cut down.

This prohibition does not apply to trees alone. Rather, anyone who breaks utensils, tears garments, destroys buildings, stops up a spring, or ruins food with a destructive intent transgresses the command 'Do not destroy.' However, he is not lashed. Instead, he receives stripes for rebellious conducts instituted by the Sages.

We should lay siege to the gentiles' cities at least three days before the Sabbath. We may engage in battle with them every day, even on the Sabbath, as Deuteronomy 20:20 states: 'against the city waging war with you until you subjugate it.' Our Sages explain: this implies 'even on the Sabbath.' This applies to both a milchemet mitzvah and a milchemet hareshut.

The army may camp anywhere. A person killed in the war should be buried where he falls. He acquires that place in the same manner as a meit mitzvah acquires his.

Four leniencies are permitted in an army camp: a) Demai may be eaten. b) There is no requirement to wash one's hands before eating bread. c) Wood may be gathered from anywhere. Even if one finds wood that has been cut down and dried, there is no objection to taking it for an army camp. d) There is no obligation to make an eruv chatzeirot for an army camp. Rather, one may carry from tent to tent and from booth to booth. The latter is only permitted when the entire camp is surrounded by a barrier at least ten handbreadths high, for as explained in Hilchot Shabbat, a barrier must be at least ten handbreadths high. Just as these leniencies apply when the army goes out to war, they apply when it returns.

It is forbidden to defecate in an army camp or in an open field anywhere. Rather, it is a positive commandment to establish comfort facilities for the soldiers to defecate as Deuteronomy 23:13 commands: 'Designate a place outside the camp to use as a lavatory.'

Similarly, it is a positive commandment for every single soldier to have a spike hanging together with his weapons. When he goes out and uses those comfort facilities, he should dig with it, relieve himself, and cover his excrement as ibid.:14 states 'You must keep a spike among your weapons.' They must follow these practices at all times, whether the ark accompanies them or not, as ibid.:15 states: 'G-d walks among your camp,... therefore, your camp shall be holy.'

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. G-d, 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 recieves 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 G-d'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 G-d'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 G-d'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: 'G-d will certainly make my lord a faithful house, for my lord fights the wars of G-d and evil will not be found with you... and my lord's soul will be bound in a bond of life with G-d.'

When the army's troops enter the territory of gentiles, conquering them and taking them captive, they are permitted to eat meat from animals that died without being ritually slaughtered or which were trefe, and the flesh of pigs and similar animals, if they become hungry and can only find these forbidden foods. Similarly, they may drink wine used in the worship of idols. This license is derived by the Oral Tradition which interprets Deuteronomy 6:10-11: 'G-d... will give you... houses filled with all the good things' as 'pigs' necks and the like.'

Similarly, a soldier may engage in sexual relations with a woman while she is still a gentile if his natural inclination overcomes him. However, he may not engage in sexual relations with her and then, go on his way. Rather, he must bring her into his home as Deuteronomy 21:11 states 'If you see a beautiful woman among the prisoners...You shall bring her into the midst of your home...' It is forbidden for him to engage in sexual relations with her a second time until he marries her.

Relations with a yefat toar are only permitted while she is in captivity as the verse states ' If you see... among the prisoners.' This license is permitted whether the woman is a virgin or not, even if she is married, for the gentiles' marriages are not recognized. A number of laws are derived from the exegesis of the verse from Deuteronomy quoted above: 'And you desire' - even though she is not beautiful. 'Her' - and not another. He may not engage in sexual relations with two women. 'You may take her as a wife' - He may not take two women as captives with the intention of engaging in relations with one and saving the other for his father or brother. What is the source which teaches that he may not pressure her in the midst of the war? Deuteronomy 21:12 states: 'You shall bring her into the midst of your home...' Thus, he must bring her into an (vacant) place and then, engage in relations with her.

A priest is also allowed relations with a yefat toar initially. For the Torah only permitted relations as a concession to man's natural inclination. However, he is not permitted to marry her afterwards, for she is a convert.

What is the procedure which a Jew must follow regarding a yefat toar after he had relations with her once while she is still a gentile? If she desires to enter under the wings of the Shechinah, he may have her immersed in a mikveh for the purpose of conversion immediately. If she does not accept the Jewish faith, she should dwell in his house for thirty days, as ibid. 21:13 states: 'She shall mourn her father and mother for thirty days.' Similarly, she should mourn the abandonment of her faith. Her captor should not prevent her from crying. She must let her nails grow and shave her head so that she will not appear attractive to him. She must be together with him at home. Thus, when he enters, he sees her; when he leaves; he sees her, so that he becomes disgusted with her. He must be patient with her so that she will accept the Jewish faith. If she accepts Judaism and he desires her, she may convert and immerse herself in the mikveh for that purpose, like other converts.

A captor must wait three months before marrying his captive: the month of mourning and two months following it. When he marries her, he must give her Kiddushin and a Ketubah. If he does not desire her, he must set her free. If he sells her, he violates a negative commandment, as Deuteronomy 21:14 states: 'You may not sell her for money.' Should a captor sell his captive, the sale is invalidated and he must return the money. Similarly, if after having relations with her, he forces her to become a servant, he violates a negative commandment from the time he makes use of her as ibid. states: lo titamar boh. That phrase means 'he should not make use of her.'

Her captor must be patient with her for twelve months if she refuses to convert. If she still refuses after this interval has passed, she must agree to accept the seven universal laws commanded to Noah's descendants and then, she is set free. Her status is the same as all other resident aliens. Her captor may not marry her, for it is forbidden to marry a woman who has not converted.

If she conceives after the initial relations with her captor, the child has the status of a convert. In no regard is he considered as the captor's son, for his mother is a gentile. Rather, the court immerses him in the mikveh and takes responsibility for him. Tamar was conceived from King David's initial relations with a yefat toar, but Avshalom was conceived after marriage. Thus, Tamar was only Avshalom's maternal sister and thus, would have been permitted to Amnon. This can be inferred from the statement II Samuel 13:13: 'Speak to the king, for he will not withhold me from you.'

A yefat toar who does not desire to abandon idol worship after twelve months should be executed. Similarly, a treaty cannot be made with a city which desires to accept a peaceful settlement until they deny idol worship, destroy their places of worship, and accept the seven universal laws commanded Noah's descendants. For every gentile who does not accept these commandments must be executed if he is under our undisputed authority.

Moses only gave the Torah and mitzvot as an inheritance to Israel, as Deuteronomy 33:4 states: 'The Torah... is the inheritance of the congregation of Jacob,' and to all those who desire to convert from among the other nations, as Numbers 15:15 states 'the convert shall be the same as you.' However, someone who does not desire to accept Torah and mitzvot, should not be forced to. By the same regard, Moses was commanded by the Almighty to compel all the inhabitants of the world to accept the commandments given to Noah's descendants. If one does not accept these commands, he should be executed. A person who formally accepts these commands is called a resident alien. This applies in any place. This acceptance must be made in the presence of three Torah scholars. Anyone who agrees to circumcise himself and allows twelve months to pass without circumcising himself is considered as one of the nations.

Anyone who accepts upon himself and carefully observes the Seven Commandments is of the Righteous of the Nations of the World and has a portion in the World to Come. This is as long as he accepts and performs them because (he truly believes that) it was the Holy One, Blessed Be He, Who commanded them in the Torah, and that is was through Moses our Teacher we were informed that the Sons of Noah had already been commanded to observe them. But if he observes them because he convinced himself logically, then he is not considered a Resident Convert and is not of the Righteous of the Nations of the World, and not even one of their wise.

Regarding six things Adam the First was commanded: regarding foreign worship, and cursing [lit. blessing] G-d, and spilling blood, and forbidden sexual relations, and theft, and [a justice system]. Even though they are all received traditions in our hands from our teacher Moses, and reason is inclined to them from the principles of the Torah, it appears that regarding these he was commanded. He added for Noah [the prohibition on eating] the limb of a live animal, as it is said "but flesh in its life its blood you shall not eat." We find seven commandments. And so was the matter in the whole world until Abraham. Abraham came and he was commanded, in addition to these, with circumcision. And he prayed shaharit. And Isaac separated a tithe and added another prayer as the day wanes. And Jacob added the [fobidden] sinew and prayed arvit. And in Egypt Amram was commanded with additional commandments, until Moses our teacher came and the Torah was completed by himmatters was Adam the first commanded.

A Ben Noach (Son of Noah – a non-Jew that upholds the Seven Noahide Laws) that worshiped a foreign G-d (other than the G-d of Israel) is liable [for the Death Penalty]. And that is [specifically] if he worshiped it in it's normal manner. And for all foreign worship that the Jewish court of law puts [a Jewish person] to death, the Ben-Noach is put to death. And for all foreign worship that the Jewish court of law does not put [a Jewish person] to death, the Ben-Noach is not put to death. And although he is not put to death, it is all forbidden And we do not allow him to erect an altar, or plant an asheira tree (a tree that is used for idolatrous purposes), or to make images or the like for the sake of beautification.

A Ben Noach that blasphemed – whether he blasphemed the principal Name [of H-shem], or a blasphemed a contemporary name (of the G-d of Israel) he is liable [for the Death penalty] – in any language. This is not the case for a Jew.

A Ben Noach that killed a person – including an embryo in its mother's womb - is put to death for it. Even if he killed a wounded person, or tied up a person and placed him before a lion or he left him to starve until he died – since he caused him to die in any case, he is killed for this. Also, if he [the Ben Noach] killed a person that was pursuing him [the Ben Noach] to kill him and he [the Ben Noach] killed him when he could have saved his life by just maiming him – he is put to death for this. This is not the case for a Jew.

There are six forbidden [marital] relations that are forbidden to a Ben Noach – [these are marital relations with : the mother. the wife of the father. the wife of a man. his sister from his mother.a male and an animal. As it states [in the Torah – Bereshit / Genesis 2:24] "Therefor a man shall abandon his father" - this is the wife of his father.and his mother" (Ibid) [this refers to his mother] as what it refers to, "And he shall cling to his wife" (ibid) and not to the wife of his fellow; "And he shall cling to his wife" (ibid) and not to a male. "And they shall be one flesh" (ibid) - to exclude a beast, a wild animal, or a bird for him and they are not one flesh. And it states "my sister, the daughter of my father is she" - and not of my mother - "and she will be for me a wife" (Bereshit / Genesis 20:12)

A Ben Noach is liable for [the Death penalty for relations with] the woman his father seduced or that his father violated. Behold she is his mother in any case. And he is liable for [the Death penalty for relations with] the wife of his father - even after his father's death. And he is liable for [the Death penalty for relations with] a male whether a minor or an adult. And he is liable [the Death penalty for relations with] for an animal whether it is small or big. And only he [the person who committed the act] is killed himself – but not the animal – for they [Bnai Noach] are not commanded on killing the animal – only if it was a Yisrael (who committed the transgression do we kill the animal)....

A Ben Noach is not liable (for the Death penalty) (for adultery) on the wife of his fellow unless he goes (with her) in the normal manner after she has cohabited with her husband. However if she was betrothed or went under the marriage canopy and did not yet cohabit he is not liable as it states "and she is the cohabited of her husband" (Bereshit 20:3) What are these matters stated about, about a Ben Noach (a male that follows the 7 commandments) that cohabits with a Bat Noach (a female that follows the 7 commandments). However a non-Jew that cohabits with a Jewish woman – whether in the normal way or not in the way – he is liable [for the death penalty]. And if she was a betrothed maiden – he will be stoned for her – like the laws pertaining to the Jews. If he went with her after she entered the wedding canopy but before she cohabited with her husband he is strangled – like the laws for the Jews. However if he cohabited with a Jewish woman after she cohabited with her husband – he is like one that went with a wife of non-Jew – and is killed by the sword.

A Ben Noach that designated [for marriage] a maidservant for his male servant – he is killed for [his adultery with] her – because of [the law prohibiting adultery with] the wife of his fellow. And he is not liable [for the death penalty] upon her until the matter [that she was the wife of a servant] becomes widespread [knowledge] and the people say upon her – this [woman] is the wife of servant ploni (ploni is a name). And when will she become return to be permitted – when she separates from his servant and she uncovers her hair in the marketplace. And when will the wife of his fellow be considered as a gerusha (divorced) of ours – when he (her husband) removes her from his house and she will be sent on her own - or when she goes out from under his dominion and goes out herself – for she has no written divorce (requirement) – and the matter is not totally dependent upon him – rather as long as she or he wishes to separate from him or her – they may separate.

A Ben Noach is liable (for the death penalty) on theft whether it the theft of a non-jew or a Jew. And whether he stole money, or burgled money or he kidnapped or he withheld the wages of a daily laborer – and thing alike – even if a worker ate from food not at the time of work – on all he is liable and is in the category of a thief. Which is not the case for a Jew. And also he is liable for less than (stealing) the equivalent of a peruta (a monetary value - about 20 American cents). And if a ben noach stole less that the equivalent of a peruta and another ben noach stole it from him – both of them are put to death for it.

And also one is liable (for the death) for (eating) a limb (taken) from a live animal or from flesh (taken) from a live animal even in a minute amount. For amounts where not specified – only for Jews. However he is is permitted to (eat) blood (taken) from a live animal.

Whether a limb or flesh, one who separates it from a beast or a wild animal (he is executed); however – fowl it appears to me that a ben noach is not killed on eating from a live animal from it.

One who slaughters a beast – even if he slaughtered with two signs – as long as it is still moving - to a limb or flesh is forbidden to a ben noach because of (the law of eating from) a limb from a live animal.

Whatever is forbidden to a Jewish person because of (the law of eating) a limb (taken) from a living being it is forbidden to a Bnai Noach. And there are (instances) where a Ben Noach will liable (for punishment for eating), but not a Jew. For (with respect to) a ben noach whether a beast or a wild animal, whether a kosher or non-kosher animal a ben noach will liable for (punishment transgressing the law of eating) a limb of a live animal and/or the flesh of a living creature, However, a limb or flesh that is separated from a live animal that is still fidgeting – even though a benai Yisrael (Jew) slaughtered it with two signs (of proper kosher slaughtering – the trachea and the esophagus) – behold it is still forbidden to a benai noach (to eat from it) because of (the law of eating) a limb from a living creature.

And how are they commanded in [a justice system]? They are obligated to set up judges and justices in every single town to adjudicate about these six commandments and to warn the people [about them]. And a Noachide that transgresses one of these seven commandments is killed with the sword (decapitation). And because of this, all of the people of Shekhem were liable for the death penalty (Genesis 34) - as behold, Shekhem stole (kidnapped) and they saw and knew [it] and they did not try him. And a Noachide can be executed [based on the testimony of] one witness and with one judge, without [prior] warning], and according to the [testimony] of his relatives. And a woman may not [be a] judge [for] them.

A Ben Noach that transgressed unintentionally is exempt (from punishment) from all of them (the transgressions) – except for an unintentional killer (for instance, if he was chopping down a tree and the ax head flew off the handle and killed someone nearby). That if the redeemer of blood (a blood relative that has the right to kill an unintentional killer) killed him (the unintentional killer) – he (the redeemer of blood) is not killed for (killing) him (the unintentional killer). And he (the unintentional killer) has no refuge cities (to escape to where an unintentional killer may not be killed by a redeemer of blood) - however the courts of justice cannot have him executed. What case are we talking about – [about ] unintentionally [transgressing] one of the commandments without intention, for instance he had relations with the wife of his fellow, and he [actually] thought that she was his wife or single. However if he knew that she was his fellow's wife yet he did not know that she was forbidden to him, rather it entered into his mind that this matter was permitted to him. And also if he killed and did not that it was forbidden to kill – behold this is close to being done intentionally – and he is executed. And this is not considered unintentional because he should have learned and he did not.

A Ben Noach that they forced a forced act to transgress on one of their commandments – it is permitted for him to transgress. Even if he is forced to transgress idol worship, for he is not commanded upon [giving his life] for the sanctification of Hashem. And we do not punish a child and not a deaf-mute and not a mentally incompetent person – for they are not obligated for mitzvot.

A ben noach that converted [to Judaism] and was circumcised and he immersed [in a mikve - ritual pool] and afterwards he wants to return from before Hashem – to be only a resident convert [who is only obligated for the 7 noahide laws] like he was previously – we do not listen to him. Rather he is treated like a Jew for all matters or he is executed. And if he was a minor when he was immersed [in a ritual bath] by the [Jewish] court of law – he can retract at the time he becomes an adult and he will be only a resident convert – and if he did not retract at the appropriate time – afterwards he cannot retract – behold he is a righteous convert [obligated for 613 commandments]. Therefor if a Jew had relations with a minor girl that performed [a ritual] immersion by the Beit Din [Jewish court of law], the money of her ketuva [marital contract] or of her penalty [payment she receives for] being violated or seduced [unlawfully] – will all be in the hands of the Beit Din until she reaches adulthood and she did not reject her conversion. Perhaps she wil take and become older and will reject [her conversion] and it will be found that the consumes money that she has no right to - only unless she was a lawfully Jewish.

A Ben Noach that blessed the Name [of G-d – ie, blasphemed] or that worshiped idols or went with the wife of his fellow or killed his fellow and then converted [to Judaism] – is exempt [from execution]. If he killed a Jew or he went with the wife of a Jew and he converted to Judaism is liable [for execution]. And we execute him with a sword for killing a Jew and strangle him for having relations with a wife of a Jew – for behold his law changes.

We already explained that all executions of Benei Noach are with the sword. Unless one had relations with a wife of a Jewish man that was betrothed by him – he will be stoned. And if he had relations after she entered the wedding canopy before she had relations [with her husband] – he will be strangled.

According to the tradition Benei Noach are forbidden to breed cattle and to graft trees only they are not executed for this. And a non-Jew that struck a Jew – even if he wounded him – even though he is liable for death – he is not executed.

The circumcision – was only commanded to Avraham and his descendants as it states "You and your descendants after you, for generations" (Bereshit / Genesis 17, 9). This excludes the descendants of Yishmael, as it states "Because with Yitshak will be called your descendants." (Bereshit / Genesis 21, 12) – This excludes Esav for behold Yitzhak (Isaac) said to Yaakov (Jacob) "And the blessing of Avraham will be given to you, you and your descendants." (Bereshit / Genesis 28, 4) – It comes to teach us that he (Yaakov / Jacob) only is the descendant of Avraham that upholds his religion and his righteous way and they (the descendants of Jacob) are obligated for circumcision.

Our sages of blessed memory said that the children of Keturah (Abraham's concubine) who are the descendants of Avraham that came after Yishmael and Yitzhak – are obligated on circumcision. They are all obligated of [completing]circumcision by the eighth day. And they are not executed for this.

A non-Jew that learned Torah is liable for death. They shall only deal with the their seven commandments. And also a non-Jew that rested – even during a weekday (of the Jews) – if they made the day for themselves like a Sabbath – they are liable for death. And it is understood – also if they made it into a holiday for themselves (the same applies). The general rule is : we do not let them establish a new religion and to do commandments for themselves according to their understanding – rather they shall become a righteous convert and accept upon themselves all of the (613 Jewish) commandments or stand with their own book of laws (the seven commandments according to the Torah) and they shall not add or subtract. And if they did delve into the Torah or rested as per a Sabbath or created a new religion – we give them lashes and we punish them – and let them know that they are liable for death because of this. But we do not execute them.

A Ben Noach that wanted to do a mitzvah from the other mitzvahs of the Torah in order to receive a reward – we do not prevent them to do it according to the Jewish law. And if they brought an Olah (elevation) sacrifice (to the Temple – when it stood) we accept it from them. If they give charity we accept it from them. And it appears to me that we give it to the poor of Yisrael since he feeds a Jew and it is a Mitzvah upon them to sustain his life. However a non-Jew that gave charity – we accept it from them and give it to non-Jewish needy.

The Jewish court of law is obligated to appoint Judges for the sojourning converts (ie, benai noach) to Judge them according to their laws in order that the world not be destroyed. If the court of law saw it fit to appoint judges from them (the benei noach) they may be appointed. And if they saw it fit to appoint (Judges) for them from the Jews – they may be appointed.

Two non-Jews that came before a Jewish court of law to be Judged according to the Jewish laws – and both of them agreed – we make a judgement from the Torah. If one wants and the other does not – we do not force him to be judged – unless it is for their own laws. If their was a Jew and a non-Jew if there is a merit for the Jew to be judged according to their laws we judge them with their laws and say to them this is [the verdict of] your law. And if there is a merit for the Jew in our laws – we judge them according to the Torah and say to them this is [the verdict of] our law. And thus it appears to me that we deal with the sojourning converts with proper conduct and acts of loving kindness like a Jew – for we are commanded to sustain them as it states "To the sojourner in your gates give it to them and let them eat" (Devarim / Deut. 14:21) and this as what our sages said – how do we double for them peace among the nations – not for a sojourning convert. And even for non-Jews – our sages commanded us to visit the sick and to bury their dead with the dead of the Jews and to give sustenance to their needy among the needy of the Jews – because of promoting peaceful ways. Behold there is the verse - "Hashem is good with all and he is merciful upon all of his works" (Tehilim / Psalms 145, 9) and it is said "And its ways are ways of pleasantness and all its paths are peace." (Mishle – Proverbs 3, 17)

The King the Messiah (lit. the annointed) will stand up and return the Kingdom of the house of David to its old [glory], to the first rule, and build the Temple (lit. holy), and gather the scattered ones of the Israel, and return all of the laws in his days as they were before; bringing sacrifices, and making shmitahs (leaving the land fallow in the seventh year) and jubilees like all of the commandments that it says in the Torah. And anyone who does not believe in him, or does not anticipate his arrival, it is not only in the other prophets that he is denying but in the Torah and in Moses our teacher; because the Torah testifies on him [the Messiah] as it says "and Hashem your Lord will return your captives and your pitied ones, and return and gather . . . if you scattered ones are at the end of the heavens . . . and Hashem will bring them to you. (Deuteronomy 30:5)" And these express words in the Torah they include all of the things that were said by the hand of all of the prophets. Even in the piece about Bilam it is said, and there he prophesied about the two messiahs--about the first messiah who is David who saved Israel from their enemies and from the last messiah who will arise from his children who will save Israel [in the end]. And there it says, "I will see him, but not now,(Number 24:17)"--that's David. "I will behold him, but not nearby,"--that's the King Messiah. "A star will come from Jacob"--that's David. "And a scepter-bearer will arise out of Israel"--that's the King Messiah. "He will strike the corners of Moab"--that's David." And so it says "And he defeated Moab and measured them with a cord (2 Samuel 8:2)." "..and destroy all the sons of Seth (Numbers 24:17)"--that's the King Messiah, as it is said about him "And his reign will be from sea to sea (Zachariah 9:10). "And Edom will be an inheritance (Numbers 24:18)"--that's David, as it is said, "And Edom were slaves to David (2 Samuel 8:14)", etc. "And it will be an inheritance, etc. (Numbers 24:18)" --that's the King Messiah, as it is said, "Saviors will ascend Mount Zion (Ovadiah 1:21)", etc.

And as regarding the cities of refuge it states: "If the Lord your G-d expands your border" (Deuteronomy 19:8) "and you will add three cities" (Deuteronomy 19:9). And never in the world has this thing happened. And G-d did not command for naught But in the words of the prophets this matter does not need seeking out, because all the books are filled with this matter.

And don't think that the King Messiah needs to do wonders and signs and create a new reality in the world or resurrect the dead, or similar things. This is not the point (of The Messianic redemptive process). For Rebbe Akiva, the wisest of the Mishnaic sages, was the "weapons bearer" of The King Ben Kuziba (aka Bar Kochba). And he said concerning him (Ben Kuziba), that he was The King Messiah. And all the sages of the generation were in agreement until he was killed due to his sins. Since he was killed they (then) knew that he was not (the Messiah). The sages did not request from him, neither a sign nor a wonder (i.e. miraculous actions) .The main thing is that the Torah and its laws and statutes are everlasting forever and ever, and we do not add or subtract from them....

And if a King arises from the House of David who is fitting in (observance) of the Torah and fulfilling its commandments, and he compels all of Israel to follow it, and he strengthens it diligently, and he fights the was of G-d. Then, he is assumed to be the Messiah. If he fights and is victorious and defeats all of the surrounding nations, and builds The Temple in its place, and gathers all the scattered remnants of Israel, then he is definitely the Messiah. And he will repair the entire world to worship G-d together, as it is said, "For then I will change all of the peoples to [having] a clear language so they can all call G-d by name and worship Him as one." (Zephaniah 3:9)

And if he's not successful with this, or if he is killed, it's known that he is not the one that was promised by the Torah. And thus, he is like all of the kosher kings from the House of David who died. And The Holy One blessed be, only established him to test the masses, as it is said,

Even Jesus the Christian who it seemed that he would be the Messiah and was killed in court, Daniel had already prophesied about him, as it is said, "And the violent men of your people will be lifted up to fulfill the vision, and they will be failed (Daniel 11:14)." And is there a greater failure than this? All of the prophets spoke of the Messiah, the redeemer of Israel and their savior, and the gatherer of the captives, and the strengthener of their mitzvot--but this one cause Jews to be lost by the sword, and for their remnants to be scattered and humbled, and to change the Torah, and for the majority of the world to do wrong by worshiping a god other than G-d.

But, the plans of the creator of the world--no person can understand them for our ways are not the same as His ways and our plans are not His plans. And all of these things about Jesus of Nazareth, and about that Ishmaelite who rose after him--they are only to make the path for the King Messiah straight, and to fix the whole world for worshipping G-d together, as it is said, "For I will give the peoples clear speech, for them all to call out the name of G-d, and to worship Him with one purpose (Zephaniah 3:9)

How? The whole world is already filled with the words of the Messiah, and the words of the Torah, and the words of the Mitzvot, and these words have been spread on distant islands, and to many peoples of uncircumcised hearts, and they deal with these words, and with the mitzvot of the Torah--they say 'These mitzvot were true but they are already nullified in this time, they aren't applicable forever.' And they say, 'There are things hidden in them, and they're not just a simple meaning, and the Messiah already came and revealed their secrets.'

And when the King Messiah rises for real, and he succeeds, and he is lifted up and exalted, they will immediately return and will know that their ancestors passed down lies to them and that their prophets and their ancestors made them do wrong.

Don't think that in the days of the Messiah anything will be changed in the order of the world or that there will be some innovation in the works of creation. Rather, the world will behave according to its custom. And what is written in Isaiah, "And the wolf will live with the lamb and the tiger will lie down with the kid (Isaiah 11:6)" is a metaphor and a riddle. The ideas is that Israel will dwell safely with the evil idol worshipers who are compared to a wolf and to a tiger, as it is said, "A desert wolf will slaughter them and a tiger will keep watch over their cities (Jeremiah 5:6)." And everybody will return to the religion of truth and they will not steal and they will not destroy. Rather, they will eat the permitted things together with Israel, as it is said, "And the lion, like the herd, will eat straw (Isaiah 11:7)." And so too all of things like this on the topic of the Messiah are metaphors. And in the days of the King Messiah, it will be known to all what the metaphor is about and what is hinted at by them.

The sages said 'There is no difference between this world and the days of the Messiah, except for subjugation to [foregin] kings.' It seems from the simple meaning of the words of the prophets that in the beginning of the days of the Messiah, there will be a war between Gog and Magog, and that before the war between Gog and Magog, a prophet will rise to straighten Israel out and to prepare their hearts, as it is written, "Behold, I am sending to you Eliyah (Malachi 2:23)." And he is not come to make the pure impure or to make the impure pure, and not to disqualify people who have been considered 'kosher', and not to certify those of have been disqualified, rather to bring peace to the world, as it says, "He will return the hearts of the fathers to their children (Malachi 3:24)" And there are those among the sages who say that before the Messiah will come, Elijah will come. And all of these things and things like them, people wont' really know how it we be until it happens. Because these things are not explicit in the prophets' words. And the sages also don't have a received tradition about these things, just and interpretation of the verses. Therefore, they argue about these things. And in any case, there is no order to these things happening and the details of them is not necessary to the religion. And a person should never study the tales or spend a long time on the Midrash told about these issues and things like them, and they shouldn't be made to be essential, since they bring about neither awe nor love.

In the days of the King Messiah, when he is established in hi reign and all of Israel is gathered to him, the descent of everybody will be decided by his mouth through the holy spirit that will rest upon him, as it is said, "He shall sit and refine and purify (Malachi 3:3), etc." And he will purify the children of Levi first and say, 'this one is descended from a Cohen and this one is descended from a Levi. And he will push those who are not descendants down to [the status of] Israel, which is why it says, "The Governor said to them...until a Cohen arises with Urim and Tumim (Ezra 2:63).... ...

The sages and the prophets didn't desire the days of the Messiah so that they could rule over the whole world and not so that they would dominate over the idol worshippers and not to be lifted up by the nations and not to eat, to drink, and to be merry. Rather it was so that they would be free for [study of Torah] and its wisdom without disturbances or distractions, so that they can merit living in the world to come, as we explained in the laws of T'shuvah. ...

.And at that time there won't be any famine or war there, and there won't be jealousy or competitions, for good will be flowing freely, and all delights will be as common as dust, and the only business will be to know G-d. Therefore, Israel will be great sages and they will know the hidden things and they will attain knowledge of their creator as much as people can, as it is said, "For the earth will be filled with knowledge of G-d like water covers the oceans. ...