Mattos/Masei: Leaving an Out for Your Enemy

Why are we commanded to leave an out for our enemy in war? In this article we will examine two contrary answers given by Ramban (supported by Sun Tzu) which have practical applications for us.

Jul 17, 2020

Click here for a printer-friendly version of this article.

Artwork: *Assemble the Legion*, by Eric Deschamps

Mattos/Masei: Leaving an Out for Your Enemy

Hashem commands Moshe to wage a war of vengeance against Midian:

Hashem spoke to Moshe saying, “Take vengeance for the Children of Israel against the Midianites. Afterward you shall be gathered to your kin.” Moshe spoke to the people, saying: “Arm men from among yourselves for the army, for them to be against Midian to exact Hashem’s vengeance from Midian …” Moshe sent them out … and they arrayed against Midian, as Hashem had charged Moshe, and they killed every male. (Bamidbar 31:1-7)

The phrase “as Hashem had charged Moshe” implies that Hashem gave Moshe special instructions, but these instructions are not explicitly stated. The Sages expound on this in Sifre [1]:

and they arrayed against Midian – [The Tanna Kamma says:] they surrounded it from all four sides. Rebbi Nosson says: he gave them a fourth side [open and unobstructed] so that they could escape.

According to the Tanna Kamma, Bnei Yisrael were commanded to surround Midian on all four sides. The fact that they were given these specific instructions implies that under ordinary circumstances they would not (or might not) have done so. The Malbim [2] explains the rationale behind this anomaly:

The Tanna Kamma held that based on what was written [earlier, when Bnei Yisrael were first commanded to go to war with Midian], “Be foes to the Midianites and smite them” (Bamidbar 25:17), the commandment [here to Moshe] was to not leave them any means of escape, as it was explicitly stated, and this was in order to take vengeance from them.

In other words, in an ordinary war the only objective is victory, and as long is Israel wins, it doesn't matter if the enemy flees. In the war with Midian, however, victory was not enough. The siege had to result in total annihilation of the enemy. Midian had to be completely surrounded in order to make sure that no one escaped.

The second opinion cited in Sifre, that of Rebbi Nosson, stands in direct opposition to the Tanna Kamma’s view: Bnei Yisrael were specifically instructed to leave the Midianites an escape route, so they could flee. The Rambam [3] codifies this view as halacha:

When laying siege to a city to capture it, we do not surround it on four sides, but only on three, and we leave a place to flee and for one who wants to save himself, as it is stated: “they arrayed against Midian as Hashem commanded Moshe” – from the Oral Tradition we learn that this is what he was commanded.

The Ramban [4] agrees that we follow Rebbi Nosson’s view, and even goes so far as to count this as one of the 613 mitzvos, which he includes in his list of “mitzvos that the Rambam forgot”:

When laying siege to a city we are commanded to leave one of the directions without siege so that those who want to flee will have a way to flee through there, because in this we will learn to conduct ourselves with compassion even with our enemies at a time of war. Furthermore, there is an additional benefit in leaving them an opening to flee, so that they do not strengthen themselves to meet us [in war]. It is stated: “they arrayed against Midian as Hashem commanded Moshe,” and [the Sages] expounded in Sifri: “surround it on three sides; Rebbi Nosson says: give them a fourth side so they can flee.” [5] This was not a temporary mitzvah in Midian, but is a mitzvah for all generations in every optional war (i.e. not in obligatory wars), as the Rabbi (i.e. Rambam) wrote in his great composition in the Laws of Kings and their Wars.

The Ramban mentions two reasons for this mitzvah: (1) to train ourselves to exercise compassion, even towards our enemies, and even during a war in which we are permitted to kill them, and (2) because if we don’t leave the enemy an out, there’s a chance they’ll fight back with even more strength. The Torah Temimah [6] elaborates on this second reason:

The reason we leave an opening on one of the four sides is because if we don’t leave them any opening, they would all go to war like those who have given up until they deplete the last of their strength, and it would be difficult for Israel to conquer them, but this would not be the case if we left them an out to escape.

In other words, if the enemy knows that there’s no escape and no hope, they’ll summon up all of their remaining strength and go all out, knowing that they have nothing to lose because the battle has already been lost. Du Mu, the 9th century commentator on Sun Tzu’s The Art of War, refers to this phenomenon as “the courage of despair.” [7]

On the surface, these two reasons appear to be contradictory in character. The first reason is ethical in nature: we leave our enemy an out as an act of compassion, showing our willingness to spare lives. The second reason is tactical: we leave our enemy an out in order to make them easier to vanquish, and to save our own lives. Are these reasons incompatible?

In my opinion, the two reasons are not incompatible – and that is precisely the point.

There are certainly cases in which showing compassion is not in one’s own best interests, and will lead to harm. Perhaps one of the most famous cases of this is Shaul’s decision to have compassion on Agag, King of Amalek, concerning which the Sages say: “anyone who is merciful on the cruel will ultimately be cruel to the merciful.” [8]

In this case, however, the Ramban is pointing out that being compassionate is also tactically advantageous. One need not refrain from displaying compassion out of the feeling that this will lead to harm or loss. And if a general or a soldier feels compelled to block the enemy’s path of escape in violation of the halacha, this can only stem from military incompetence or from a misguided impulse of cruelty.

Although most of us will never find ourselves in a position to implement this halacha, we can still take its lesson to heart and apply it in other areas of life. For example, I once mentioned to my Mishlei rebbi that an atheistically inclined student posed a number of “heretical” objections to a lesson of mine, and I refuted every one of them. My rebbi said:

“Maybe that was the right move, but sometimes it’s good to let the student ‘score’ a point against his rebbi. If you crush him by taking away all of his 'outs,' he might turn away and close himself off because his ego can’t handle it. It’s important to throw him a bone every once in a while.”

The same advice applies to many relationships: showing compassion by giving the other person an out is often tactically advantageous to the long-term success of the relationship.

Footnotes

[1] Sifre Bamidbar 31:7. It should be noted that there are two versions of Sifre. I believe the one cited here is based on the more accurate manuscript. The other version says: “[The Tanna Kamma says:] they surrounded it from all four sides. Rebbi Nosson says: he gave them a fourth side [open] so that they could escape.” In other words, in our version Rebbi Nosson argues with the Tanna Kamma, but in this other version he merely explains his reasoning.

[2] Rav Meir Leibush ben Yechiel Michel (Malbim), Commentary on Sefer Bamidbar 31:7. The Malbim held that our version of the Sifre is correct, and that there is a machlokess between the Tanna Kamma and Rebbi Nosson.

[3] Rabbeinu Moshe ben Maimon (Rambam / Maimonides), Mishneh Torah: Sefer Shoftim, Hilchos Melachim 6:7. There’s a whole to-do about how we can paskin like Rebbi Nosson against the Tanna Kamma. The easy way out is to say that our version of the Sifre is correct, and both the Tanna Kamma and Rebbi Nosson hold that we leave an escape route. If you’re interested in how the other approach is resolved, consult the Nosei Kelim on the Rambam.

[4] Rabbeinu Moshe ben Nachman (Ramban / Nachmanides), Critique of the Sefer ha’Mitzvos of the Rambam: Mitzvos Aseh “that the Rambam forgot” #5

[5] Note that the Ramban had the other version of the Sifre, without the machlokess Tanna Kamma Rebbi Nosson.

[6] Rav Baruch ha'Levi Epstein, Torah Temimah: Sefer Bamidbar 31:7, footnote 9

[7] Sun Tzu writes: “When you surround an army, leave an outlet free” (7:32). Whether Sun Tzu’s intent actually corresponds to our halacha is an open question. He might very well mean what the Ramban wrote as his second reason. However, Du Mu writes that “this does not mean that the enemy is to be allowed to escape.” Rather, "[the object is] to make him believe that there is a road to safety, and thus prevent his fighting with the courage of despair … After that, you may crush him."

[8] Tanchuma, Metzora 1; Yalkut Shimoni I Shmuel 15 (Remez 121)

Let me know what you think!

The Rabbi Schneeweiss Substack

Discussion about this post