Commentary on Deuteronomy, Commentary · Chapter 20
Chapter XX.CHAP. XX.
Verſe 1 Verſe 1. WHen thou goest out to battle againſt thine Enemies.] Who either invaded them, (as in XI Judges) or with whom they had a juſt quarrel, becauſe of Injuries done them, without Satisfaction: Such as that mentioned 2 Sam. X. 4, &c.
And ſeest Horſes.] Which the Iſraelites wanted, (as I obſerved upon XVII. 16.) their Armies conſiſting of Footmen; who were taken from the Plough, or from the Sheepfolds.
And Chariots.] Which carried a certain number of Men in them; and when they were falcati (as they called them) were very formidable. For they made terrible Slaughters among the Enemy; cutting down Men, as we do Graſs with a Sithe, or Sickle. The Canaanites had great numbers of them, XI Joſh. 4. and IV Judges 3.
Be not afraid of them.] The Iſraelites were trained up to confide in God, and not in Horſes, (which their Country, as I ſaid, did not afford, and conſequently they had no Chariots) nor in multitude of Souldiers. And we find remarkable Inſtances of this, particularly in Jehoſaphat (2 Chron. XX. 6, &c. 17.) who followed the Example of David, whoſe words are moſt memorable, XX Pſalm 7. Some trust in Chariots, and ſome in Horſes, but we will remember the Name of the LORD our God. See alſo XXI Prov. 21.
For the LORD thy God is with thee, which brought thee out of the Land of Egypt.] That was ſuch an inſtance of his power, as made it unreaſonable to doubt of good Succeſs when he was preſent with them: as he always was, while they continued faithful Worſhippers of him.
The Tranſlation of Onkelos is here very remarkable; which is, The LORD thy God his WORD is thy help: which plainly denotes another Divine Perſon, the ſame with JEHOVAH.
Ver. 2. It ſhall be when ye come nigh unto the battle.] Verſe 2 Are about to give, or receive the Aſſault.
That the Prieſt ſhall approach and ſpeak unto the people.] The Jews ſay there was a Prieſt appointed for this very purpoſe, whom they call MASCHUACH MILCHAMAH, anointed of War: he being ſet apart, as they ſay, to this Office by an Unction; and that with the ſame Oyl which the King was anointed withal. His Office was to blow with the Trumpets, to make the following Speech unto the Army, when they were preparing to joyn battle; and when they firſt went out, to exhort all new Builders, Planters, and married Men to return back; and when they were drawn up in Battalia, to exhort all that were faint-hearted to leave the Army, and go home. See XXXI Numb. 6. A great many of the Jewiſh Doctors thus explain this, particularly Maimonides, who may ſerve inſtead of all. See Schickard. Jus Regium, Cap. V. Theor. XVIII. and Hottinger in his Hiſtor. Eccleſ. Seculum XVI. pars 2. p. 689, 690, &c. Where he produces an excellent Diſcourſe out of R. Levi Barzelonita his Catechiſm, to ſhow the Office of this foreign, anointed for the War; and the reaſon why he was appointed to it. For Souldiers, ſaith he, in the time of War, have great need to be heartned and confirmed in their reſolution. And becauſe the more honourable any one is, the more willingly Men hearken to him; therefore the Law required, that he who was to encourage others, ſhould be a ſelect Perſon himſelf, and a Prieſt; to whom they would be apt to pay a great Reverence.
Ver. 3. And ſhall ſay unto them, &c.] Going from one Battalion (as we now ſpeak) unto another: or elſe, ordering the Officers (mentioned v. 5.) to go Verſe 3 about and ſpeak every where, what he did at the head of the Army. And he was to ſpeak in the Hebrew Language, and no other, as the Jews ſay, in Miſchna Sota, Cap. VIII. Sect. 1. And they have a conceit, that the Romans learnt both the form of Encamping out of Moſes his Law; and alſo to make Orations to their Souldiers, before they went to fight, as J. Wagenſeil obſerves out of Shilte Hagibborim: Though it is more reaſonable to think, that common ſenſe taught thoſe that were Leaders of others, to incourage them to follow them.
Ye approach this day unto battle againſt your Enemies.] Who often appeared very formidable, by the vaſt number of their Horſes and Chariots; which the Iſraelites wanted.
Let not your hearts faint.] So we well tranſlate the Hebrew word, be ſoft or tender. Which though it be a quality highly commendable with reſpect to God (2 Kings XXII. 19.) yet the contrary became them towards their and his Enemies.
Fear not, and do not tremble.] Trembling, or, as the Hebrew word is, making haste; i. e. running away, is the effect of fear.
Neither be ye terrified becauſe of them.] Sometimes a great dread of danger made Men run away; and ſometimes ſo diſmayed them, that they could not ſtir, much leſs ſtrike a ſtroke.
Some of the Jewiſh Doctors fancy, that the four ſeveral words here uſed, are oppoſed to ſo many Actions of their Enemies, whereby they hoped to ſtrike a terror into them. Let not your hearts faint, when your Enemies brandiſh their Swords, and claſh them one againſt another. Fear not, when you hear the pranſing of their Horſes, and the terrible ratling of their Chariots. And do not tremble, when they ſhout, as if they were ſure of Victory. Neither be ye terrified, when ye hear the Trumpets ſound an Alarm to the Battle. So Moſes Kotzenſis. See Schickard, Cap. V. Theor. XVI. p. 115. And ſuch a paſſage Wagenſeil obſerves out of Philoſtratus, Lib. II. Cap. V. upon the Gemara of Sota, Cap. VIII. Sect. II. p. 876.
Ver. 4. For the LORD your God is he that goeth Verſe 4 with you, to fight for you against your Enemies.] Sometimes the Ark of God's Preſence went before them, when they entred into Canaan, III Joſh. 3, 10, 11, &c. and in the midst of them, when they compaſſed Jericho, VI Joſh. 9. So that God was properly then ſaid to go with them, or in the midst of them, as the Vulgar Latin here tranſlates it. And at all other times, he was preſent by his power to aid them; eſpecially againſt the People of Canaan, with whom their Battles were ſaid to be the Wars of the LORD.
To ſave you.] To preſerve them, by the defeat and overthrow of their Enemies.
Ver. 5. And the Officers ſhall ſpeak unto the people, Verſe 5 ſaying.] This the Jews, particularly Abarbinel, think was ſpoken by the Priest before-mentioned, and then proclaimed by the Officers, called Schoterim, of whom I have obſerved enough before, XVI. 18. and other places. They that would ſee more, may conſult J. Wagenſeil upon that Title in the Miſchna, called Sota, Cap. VIII. p. 854. But by whomſoever this was ſpoken, it ſeems moſt likely to have been delivered before they drew nigh to the Battle, (See v. 2.) at the firſt muſtering of the Army.
What man is there that hath built a new houſe, and hath not dedicated it.] i. e. Hath not yet dwelt in it. For at their firſt entrance to dwell in an Houſe, they made a Feaſt, which being the firſt Meal they made there, was called Chanach, or Dedication: as the ſame Wagenſeil obſerves out of Michlol Jophi. See in Cap. VIII. Sota Sect. 2. Annot. 3. And becauſe a Year is allowed to a Man to enjoy his Wife, before he be obliged to go to the Wars, (XXIV. 5.) they allow the ſame time in theſe other Caſes, for the enjoyment of a new Houſe, or of a Vineyard; as many have obſerved: Particularly Selden Lib. III. de Synedr. Cap. XIII. N. I. and Schickard. in his Jus Regium, Cap. V. Theor. 16, 17. And they underſtand this, not only of a new built Houſe, but of an Houſe newly come into a Man's poſſeſſion, either by Succeſſion, Purchaſe, or Gift: yet not of ſuch Houſes as were not fit for habitation, as Mr. Selden reports their Opinion, Lib. III. de Ʋxor. Hebr. Cap. III. In which he ſeems to have forgot himſelf; for the Miſchna in Sota, Cap. VIII. Sect. II. ſaith expreſly, this is to be underſtood of him that built an Houſe, wherein to lay Straw, to make a Stable, a Barn, or a Granary: becauſe as Wagenſeil there notes, ſuch places might, in caſe of neceſſity, be turned into a Dwelling-houſe.
Let him return to his houſe, lest he die in the battle, and another man dedicate it.] This was allowed in thoſe Wars only which they made voluntarily; but not of thoſe which were ex praecepto, by the Divine Commandment, againſt the Seven Nations of Canaan and Amalek, in which every Man was bound to engage. And ſo are the other Caſes, which here follow, to be underſtood; as all the Jewiſh Writers agree.
Another man dedicate it.] Firſt enjoy it: for this word here does not denote any Conſecration, (as in other places) but beginning to uſe a thing; which in our Engliſh Language (as Mr. Selden obſerves in the place forenamed) we call taking handſel of it; and ſo the Spaniſh Jews expreſs it in their Tranſlation.
Ver. 6. And what man is he that hath planted a Vineyard, Verſe 6 and hath not yet eaten of it.] Which he could not lawfully do for the three firſt Years after it was planted. See XIX Levit. 29, &c. And in the fourth Year the fruit of it was to be carried to Jeruſalem, and eaten there: after which the Fruit of the fifth Year was wholly his own, when it was no longer Sacred (as the Hebrew word Chittel ſignifies) but common for every bodies uſe. Aben-Ezra takes the word in the ſenſe of rejoycing; as if he had ſaid, Who hath planted a Vineyard, and hath not yet danced in it: for that was the Cuſtom, he ſaith, when they firſt enjoyed the Fruits of their Vineyards. And to this the LXX. ſeem to have had reſpect, when they tranſlate it, foreign, he hath not been made merry by it. But the other Notion is more proper: and the Jews underſtand it, not only of Vineyards, but of all other Plantations wherein there were Fruit-Trees fit for Food; if there were five of them planted together in good order, ſuch as R. Solomon and Wagenſeil have deſcribed. And ſee Selden Ʋxor. Hebr. Lib. III. Cap. III. p. 334.
Let him alſo go, and return to his houſe, lest he die in the battle, and another man eat of it.] The ground both of this, and the foregoing Proclamation (and of the next alſo) ſeems to have been, that the minds of ſuch Men were commonly very much diſturbed to think of leaving what they had taken a great deal of pains about, and enjoy nothing of it; which would naturally make them fight with leſs Courage. So R. Solomon. And Joſephus much to the ſame purpoſe, foreign, &c. leaſt out of a longing deſire after theſe things, they ſhould be ſparing of hazzarding their lives; and, reſerving themſelves for their Enjoyment, not ſight manfully. But many think this was a bare Conceſſion to ſuch Perſons; who, if they could overcome their Affection to all things, but the Safety of their Country, might remain in the Camp, and go to the Battle. Yet Abarbinel diſputes ſtrongly againſt this, and will have all theſe to be Precepts enjoyning ſuch Perſons, as are here mentioned, not to ſtay in the Army, but to return home.
Verſe 7 Ver. 7. And what man is there that hath betrothed a wife, and hath not taken her, &c.] The Jews interpret this Law, either of one who had eſpouſed a Wife, and not yet brought her home; or of one that had but newly compleated his Marriage. And whether he had married a Widow or a Virgin, an old Woman or a young, it was the ſame thing. Yea, they extend it to him, who had married his Brother's Wife. But not to him, who had married a Perſon prohibited to him by the Law; or him that took his own Wife again, whom he had formerly put away; becauſe ſhe was not a new Wife, as the Phraſe is XXIV Deut. 5. where the time being limited, how long ſuch a Man ſhould be free from the War, viz. for one Year, they extend it, as I ſaid, to the other two Caſes; that ſo long Men might enjoy a new Houſe, or a Vineyard after the firſt uſe of them, as the Law allowed them to enjoy a Wife, before they went to War. See Selden Lib. III. Ʋxor. Hebr. Cap. III. and Schickard in his Jus Regium, Cap. V. Theor. XVII. And it muſt be confeſſed that this is a Law of great Equity, founded in Nature, that Conjugal Love ſhould not be diſturbed; but have ſome time to knit into a ſtrong and ſtable Affection, by an uninterrupted Converſation together, in its beginning. The Jews were ſo favourable in this matter, that they ſay, if five Brethren were in the War together, and one of them was ſlain, leaving a Widow without Iſſue, all the remaining four returned home; becauſe every one of them, in their order, in caſe thoſe before him refuſed, was to raiſe up Seed to his dead Brother.
Ver. 8. And the Officers ſhall ſpeak further unto the Verſe 8 people, and they ſhall ſay.] Make this new Proclamation, throughout the Camp.
What man is there that is fearful and faint-hearted.] This ſome of the Jews underſtand of a natural timorouſneſs, which makes Men quake at every danger: and others refer it to thoſe that were old, in whom that heat and vigour which makes Men valiant, was quite abated. Upon which account they would not admit one who had no Children to go to War (if we may believe Maimonides) becauſe he was not thought maſculine enough; or rather, becauſe they would not cut off all hope of his having Poſterity. But there are thoſe who underſtand this of the Terrors of an Evil Conſcience, (See Sota, Cap. VIII. Sect. V.) For they did not do as we are wont in theſe days, (who ſend the wickedeſt Villains into the Wars) but if they knew any Man to be guilty of a great Crime, thruſt him out of the Army, leſt they ſhould all fare the worſe for having him among them. See Schickard in his Jus Regium, Cap. V. Theorem. XVII. p. 124.
Let him go, and return unto his houſe, leſt his brethrens heart faint as well as his heart.] For the Cowardiſe of ſome, might enfeeble the reſt. Yet all theſe who were thus diſmiſſed, were bound (if required) to furniſh the Army with Victuals and Water; to clear the ways; and to take up their quarters; as it is in the foregoing place in Sota, Cap. VIII. where Jo. Wagenſeil obſerves that they who reſtrain theſe Offices only to the Fearful are miſtaken.
Verſe 9 Ver. 9. And it ſhall be when the Officers have made an end of ſpeaking to the People, that they ſhall make Captains of the Armies to lead the people.] This ſhows that what I noted v. 5. is true; that the foregoing Proclamation was made before they marched forth to the War: For how ſhould they march till there were Captains choſen, to lead the ſeveral Armies, (as thoſe Companies, into which they were divided, are called) which was not done till he had ſpoken all the forenamed things. And if we tranſlate the words, as they may be out of the Hebrew [they ſhall place, or ſet Captains of the Hoſts, in the head, or the front, of the people] ſtill it muſt be ſuppoſed, that this was done before they ſtirred a foot: for no order could be obſerved without Leaders.
Verſe 10 Ver. 10. When thou comest nigh unto a City to fight against it, then proclaim peace unto it.] I have often noted, that there were two ſorts of War which the Jews undertook: one by the Divine Commandment againſt the Seven Nations of Canaan; another voluntary, when they themſelves found juſt cauſe to make War upon any other neighbouring Nation. Now this Precept many of the Jews will needs underſtand only concerning the latter ſort of War: for the Canaanites were to be utterly deſtroyed without mercy. But Maimonides, and Moſes Kotzenſis, take it to belong to both ſorts of War. So the former of them in expreſs words, It was not lawful to make war upon any one whatſoever, before they offered them Terms of Peace, &c. Only they think the Ammonites and Moabites were to be excepted by that Law XXIII. 6. yet they temper it thus, that if thoſe Nations deſired Peace of themſelves, it was to be granted to them, though not offered. And the moſt ancient Writers of the Jews ſay, that Joſhua ſent three Meſſages to the Seven Nations of Canaan, before he invaded them; though he undertook the War. with a Command from God to deſtroy them; viz. if they did not ſubmit to the Summons which was ſent them, either to flee, or to make peace; which was the ſubject of the two firſt Meſſages. The next was a Denunciation of War againſt them, as they ſay in the Hieruſalem Talmud, quoted by Mr. Selden, Lib. VI. de Jure Nat. & Gent. Cap. XIII. And ſee the Learned J. Wagenſeil in Annot. upon Sota, p. 845. Maimonides was of opinion that the Gibeonites had not heard of theſe Proclamations, which made them uſe Craft to procure Mercy from the Iſraelites: But P. Cunaeus thinks it more probable, that they had refuſed at firſt to ſubmit to Joſhua's Summons; but ſeeing him victorious, they betook themſelves to that Artifice, mentioned in the Book of Joſhua, when they could not hope for Peace by any other means, Lib. II. de Republ. Hebr. Cap. 20.
Ver. 11. And it ſhall be, if it make thee an anſwer Verſe 11 of peace, and open unto thee.] Accept of the Conditions offered to them, which were three. First, That they ſhould take upon them the obſervation of the Seven Precepts of the Sons of Noah, and conſequently renounce Idolatry. Secondly, Pay them a yearly Tribute: And thirdly, become their Subjects. See Selden Lib. VI. de Jure Nat. & Gent. Cap. IV. and Schickard in his Jus Regium, Cap. V. Theor. XVI.
Then it ſhall be that all the people that is found therein ſhall be Tributaries unto thee, and they ſhall ſerve thee.] Here are two of the Conditions before-mentioned; and the firſt was neceſſarily ſuppoſed, becauſe the Iſraelites were not to ſuffer any of their gods to remain among them. For though by ſerving the Iſraelites is not meant, being made their Slaves, yet it imports that they were to live in due ſubjection to them, as their Governours, who might imploy them in their Publick Works; as repairing the King's Palace, the Walls of Cities, &c.
Verſe 12 Ver. 12. And if it will make no peace with thee, but will make war againſt thee, then thou ſhalt beſiege it.] Without any further Summons to yield upon Conditions of Peace.
Verſe 13 Ver. 13. And when the LORD thy God ſhall deliver it into thy hand.] Of which they were not to doubt, v. 4.
Thou ſhalt ſmite every Male thereof with the edge of the Sword.] Which was a juſt Puniſhment for their Obſtinacy; of which the Men, who were here condemned to Deſtruction, were the Authors; and ſuffered the more juſtly, becauſe they were told, no doubt, before-hand, that if they did not yield when Conditions were offered to them, they muſt expect this Execution.
Verſe 14 Ver. 14. But the women and the little ones.] Who had not offended by rejecting Conditions of Peace; nor could do any harm. And by little ones are to be underſtood Male-children, as well as Female.
And the Cattle, and all that is in the City, even all the Spoil thereof.] Money, Houſhold-ſtuff, and all manner of Goods.
Shalt thou take unto thy ſelf, &c.] This was granted to them as a reward of their Service in the War.
Ver. 15. Thus ſhalt thou do unto all the Cities, which Verſe 15 are very far off from thee, which are not of the Cities of theſe Nations.] This Clemency to the Women and little ones is limited to thoſe that were not Inhabitants of the Land of Canaan; who, in the following Verſes, are ordered to be otherwiſe treated. For by the Laws of War among all Nations, the Conquerour might uſe thoſe whom he ſubdued as he pleaſed. See Grotius Lib. III. de Jure Belli & Pacis, Cap. IV. Sect. V. where, among other things, he quotes that ſaying of Marcellus in Livy, Quicquid in hoſtibus feci, jus belli defendit. Whatſoever I have done with Enemies, the right of War defends it.
Ver. 16. But of the Cities of theſe People, which the Verſe 16 LORD thy God doth give thee for an Inheritance.] The Cities of the Land of Canaan.
Thou ſhalt ſave alive nothing that breatheth.] i. e. Neither Man, Woman, nor Child, as we ſpeak. But their Cattle (except in few caſes when they were appointed to be a CHEREM, i. e. accurſed) were not to be killed, as appears from XI Joſh. 14. And this ſlaughter of all the People, is to be underſtood only in caſe they did not ſurrender when they were Summoned; but rejected the Conditions of Peace that were offered to them. After this, no Mercy was to be had upon them. See XXIII Exod. 32. In which their Condition was worſe than any other Peoples; whoſe Men were only to be ſlain, v. 14. but not Women and Children. For which difference there was a great reaſon, as I ſhall ſhow preſently: but if we could ſee none, we ought to conſider, that it was done by God's Command; who as he is moſt juſt and merciful, ſo hath a greater right over Men, than we have over Beaſts, as Grotius well obſerves. Who alledges many Examples of the like practice in the Heathen World, both among Greeks and Romans. See L. III. de Jure Belli & Pacis, Cap. IV. Sect. IX.
Verſe 17 Ver. 17. But thou ſhalt utterly deſtroy them.] After they had ſlighted all offers of Peace. Some of the Jews indeed have been ſo merciful as to think this is not a Command, but a Permiſſion: which warranted them to kill all without any diſtinction of Sex or Age; yet did not ſo enjoyn it, but that they might, after they had taken a City, ſpare ſuch as repented, and offered to become Proſelytes of the Gate. This was the opinion, one would think, which anciently prevailed, as Selden obſerves (Lib. VI. de Jure Nat. & Gent. Cap. XVI.) becauſe we find the Relicks of theſe People, often mentioned in the Bible. And this is agreeable alſo to the Law of Nations, that ſuch as beg Mercy ſhould be ſpared. Which flowed from the ancient right which ſuch Perſons were thought to have to it, as David Chytraeus obſerves out of Thucydides, Lib. III. and the known Verſe of the Oracle, foreign. Not to hurt Supplicants who are ſacred, and acquitted of their Offences. He doth not mention the place where this Oracle was uttered; but Ezekiel Spanhemius hath lately obſerved out of Pauſanias, that it was at Dodone. See Obſervationes in Callimachi Hymnum in Dianam, verſ. 123. where he notes, that from hence Jupiter was called foreign, becauſe he was accounted a ſevere and implacable avenger of all Violence done to Supplicants. And they are Supplicants (ſays the ſame Chytraeus) who confeſs their Sin, and acknowledging they deſerve Puniſhment, give themſelves up to the pleaſure of the Conquerour: but beg the Puniſhment may be mitigated by Mercy and Clemency.
Namely the Hittites, and the Amorites, the Canaanites, and the Perizzites, the Hivites and the Jebuſites; as the LORD thy God hath commanded thee.] He diſtinctly mentions the Nations which were to be utterly deſtroyed, that this ſeverity might be extended no further. And ſo he had done before, VII. 1. where he mentions Seven Nations; though here are only Six, the Gergaſites being omitted. The reaſon of which Maimonides (in Hilcoth Melachim) thinks to be, that they upon the firſt Summons of Joſhua fled the Country into Africa, and therefore are not named in IX Joſh. 1, 2. among thoſe that gathered themſelves together to fight against Iſrael. But I take the true reaſon of this to be, that the Gergaſites were a People mixed among the reſt; and did not live in a ſeparate part of the Country by themſelves: but that they oppoſed Joſhua as well as others, and were delivered into his hand, appears from XXIV Joſh. 11. Now this looks like a great Cruelty, to kill ſo many Nations, till we conſider who the People were, that God commanded to be utterly extirpated, viz. moſt abominable Idolaters, who offered their Children to Moloch, as a piece of pious Worſhip; Magicians, Witches, Necromancers; and guilty of all thoſe filthy Luſts mentioned in XVIII Lev. For which Crimes God thought them not fit to live any longer upon the face of the Earth; and therefore commanded them to be utterly deſtroyed in this War, which was undertaken by his order, and called therefore the War of the LORD. And ſo was that againſt Sihon and Og, who were likewiſe Amorites, and upon that ſcore rooted out by God's order, XXI Numb. ult. II Deut. 34. For it was Mercy to others, not to ſuffer ſuch a wicked Generation to live.
Verſe 18 Ver. 18. That they teach you not to do after all their abominations, which they have done unto their gods.] Here is the great reaſon given of the forenamed ſevere Execution, that if they had been ſpared, they would have infected the Iſraelites with their filthy Idolatry. Which ſome make an Argument, why Peace was not to be proclaimed to theſe Nations, (v. 10.) becauſe they were ſo wicked, that on no terms it was fit to ſuffer them to live. But they that object this againſt what was before ſaid, forget, or do not conſider, that the great Condition of Peace with them, was that they ſhould renounce their Idolatry: and then there was no ſuch danger in ſparing them. And this ſo ſettled in the opinion of the ancient Jews, that after they had taken a City, they thought, upon theſe terms, there was room for Mercy. So the Book Siphri, upon theſe very words, lest they teach you to do after all their abominations. From whence it is to be obſerved (ſaith that Author) if they repented the Iſraelites might let them live. And ſo R. Solomon himſelf; It is to be underſtood that if they repented, and became Proſelytes, it was lawful to receive them.
So ſhould you ſin against the LORD your God.] Both by ſuffering them to live, and imitating them in their wickedneſs.
Verſe 19 Ver. 19. When thou ſhalt beſiege a City a long time, in making war againſt it to take it, thou ſhalt not deſtroy the Trees thereof, by forcing an Ax againſt them, for thou mayest eat of them, and thou ſhalt not cut them down.] It is very plain that he ſpeaks of Fruit-trees, ſuch as bare Apples, Olives, Dates, &c. which were to be preſerved both in War, and in Peace; except in a few Caſes. In War, if the Enemy made advantage of them, for their Archers to lurk and ſhelter themſelves behind them, by which the Iſraelites were much annoyed; then they think they might be cut down, to ſhorten the Siege. And in Peace, if they did not bring forth Fruit, or if the Fruit would not be ſo profitable as the Wood would be for building, and other uſes; or if they hindred the growth of better Trees: in all theſe Caſes they might be cut down, as the Jewiſh Doctors reſolve. Who, when they pleaſe, mind the reaſon of a Law, and not the bare words: inſomuch that they extend this Law, to a great many other things, which they ſay might not be deſtroyed, if they were uſeful and profitable. No Houſes for Inſtance, nor Garments, nor Houſhold-ſtuff; nor were they to ſtop up Fountains, &c. See Selden Lib. VI. de Jure Nat. & Gent. Cap. XV. and Guil. Schickardus in Jus Regium, Cap. V. Theorem. XVIII.
For the Tree of the field is man's life.] The word Life is not in the Hebrew Text; but we add it to make out the ſenſe. In which we follow many good Authors among the Jews, particularly Aben-Ezra: who obſerves many ſuch elliptical, i. e. conciſe Forms of Speech in Scripture. As in 1 Sam. XVI. 20. where an Aſs of Bread, is an Aſs loaded with Bread. So here the Tree is a Man, i. e. the Life or Support of Man. Juſt as XXIV. 6. it is ſaid, a Man ſhould not take the upper or neither Milſtone to pledge, ki nepheſh hu, becauſe it is his Life, i. e. that whereby he gets his livelyhood. But there are a great many who tranſlate the words by way of Interrogation (and the Hebrew will bear it) and joyning them with thoſe that follow, make this the ſenſe; Is the Tree of the Field a Man, that it ſhould come against thee in the Siege? So the Vulgar, the Greek, and the Arabick Tranſlation, and the Chaldee Paraphraſt, and Joſephus, as Mr. Selden obſerves, Lib. VI. de Jure Nat. & Gent. Cap. XII. As much as to ſay, they need not fear any danger from the Trees, as if they were Souldiers that could fight againſt them. And if this ſenſe do not ſeem dilute (as ſome have cenſured it) there is no need of rendring the words by way of Interrogation, but only of repeating the word not, out of the foregoing words, in this manner, Thou ſhalt not cut them down, for the Tree of the Field is not a Man, &c. Of this there are many Examples, as Glaſſius and our Gataker have ſhown. And thus R. Bechai among the Jews expounds theſe words; and the famous Abarbinel, who thus gloſſes upon them, It is not decent to make War against Trees, who have no hands to fight with thee; but against Men only. And this ſenſe Grotius follows, Lib. III. de Jure Belli & Pacis, Cap. XII. Sect. II. where he produces Philo for this opinion, and Joſephus, who ſays, If Trees could ſpeak, they would cry out, that it was unjuſt, that they who were no cauſe of the War, ſhould ſuffer the miſchiefs of it. And thus Onkelos tranſlates theſe words, and thoſe that follow, For the Tree of the Field is not as a Man, that it ſhould come againſt thee in the Siege: that is, they had no cauſe to fear Trees, and therefore ſhould not hurt them. But this is a reaſon againſt cutting down any Trees whatſoever; whereas Moſes ſpeaks only of Fruit-trees. From whence Grotius thinks that ſaying of the Pythagoraeans took its original, foreign, &c. Trees that do not grow wild, and bear fruit, ought not to be hurt, much leſs cut down. And yet it ſeems to be more agreeable to the Hebrew words, than our Marginal Tranſlation, which makes this ſenſe, That there are Trees of the Field ſufficient to employ in the Siege: ſo that they need not cut down Fruit-trees to carry it on.
Ver. 20. Only the Trees which thou knowest, that they Verſe 20 be not Trees for Meat, thou ſhalt deſtroy and cut them down.] If it were neceſſary for the raiſing Bulwarks, (as it here follows) or otherways to diſtreſs the Enemy, they had liberty to cut down Trees that did not bear Fruit; but not meerly to make Waſte and Deſolation.
And thou ſhalt build Bulwarks against the City that maketh war with thee.] From whence they battered the City, and threw great Sones into it; as well as begirt them round, that no Proviſions might be brought in to them. Thus we find they did in after times, 2 Chron. XXVI. 15. 2 Sam. XX. 15. And they muſt have ſome ſuch Inventions in Moſes his days; or elſe how could they take Cities fortified with ſuch high Walls as are mentioned I Deut. 28. Or to what purpoſe ſhould they build Bulwarks, and caſt up Banks, but from thence to batter the City with ſome Engine or other?
Ʋntil it be ſubdued.] From theſe words the Jewiſh Doctors conclude, that it was lawful to make War even upon the Sabbath; becauſe having ſet down before a City, they were to proceed till it was ſubdued; which theſe words ſuppoſe might not be in a ſhort time. Only they ſay, that the Siege was to be begun at leaſt three days before the Sabbath. Thus theſe Superſtitious People, not thinking common reaſon ſufficient to juſtifie them in ſo plain a caſe,Chapter XXI. make the Scripture ſpeak what it intended not, for their warrant. See Schickard in his Jus Regium, Cap. V. Theorem. XVIII. where he alledges Maimonides in his Hilkoth Melachim to this purpoſe. And Joh. Benedictus Carpzovius produces a plainer out of Hilkoth Schabbath, where he delivers their ſenſe in theſe words, A Siege is to be begun three days before the Sabbath; and then it may be continued every day, even upon the Sabbath, until the City be taken: and this may be done, in a War that is voluntarily undertaken. For thus our wiſe Men underſtand theſe words, by ancient Tradition, until it be ſubdued.