August 24th: Ki Tetze
THIS WEEK IN THE TORAH
Rabbi David E. Ostrich
Given our modern sensibilities, reading some ancient documents can be quite disturbing. Or, given an unfamiliarity with certain environments, some in situ documents can be very disturbing. I am thinking about the opening passage in our Torah portion, found in Deuteronomy 21.10-14:
“When you take the field against your enemies, and the Lord your God delivers them into your power, and you take some of them captive, and you see among the captives a beautiful woman, and you desire her and would take her to wife, you shall bring her into your house, and she shall trim her hair, pare her nails, and discard her captive’s garb. She shall spend a month’s time in your house lamenting her father and mother; after that you may come to her and possess her, and she shall be your wife. Then, should you no longer want her, you must release her outright. You must not sell her for money: since you had your will of her, you must not enslave her.”
Never having been to war, I do not understand the rapacious frenzy that often accompanies killing others. And yet, from reports both ancient and modern, battle-field abuse is not uncommon. I would think that the closer the combat—hand-to-hand as opposed to shooting from a distance, the greater the tendency to suspend our normal respect for life. I remember counseling a young pilot who was very disturbed when his missions involved flying close to the ground and killing people he could see. He described in great detail the mental re-adjustment required to see a human being as someone he needed to kill.
To those who are pacifists, the lesson is clear. We should not be fighting any battles. However, for those who perceive that there are real enemies in the world—and who believe that the only recourse with some enemies is to kill them, the question becomes one of how can a warrior keep his/her human decency in the midst of a savage situation.
One can see a glimmer of this attempt in our text: if you are frenzied and attracted to a female captive, control your baser urges and give her time so you can see her as a human being. And, if—after some de-objectifying time and processes—you still desire her, then approach her as a wife and a human being—and not as a spoil of war.
Of course, there is in this terrifying mitzvah a lot to be desired in terms of true human respect and autonomy. This scenario is not what we moderns think of as Torat Hayyim, the Torah of Life. And yet, in that ancient context and in the midst of the brutality of war, this passage tries to push warriors toward more humane behavior in life or death situations. We are taught to be kind and fair, but, in the desperation and barbarity of battle, kindness and compassion and even honor can get one killed. Hillel might have said, “In a place where no one behaves like a human being, you must strive to be human (Avot 2.6),” but Rabbi Judah said in the name of Rabbi Samuel: “The commandments were given that we should live by them, and not die by them.”
To guide warriors in this most delicate balance, military organizations develop codes of ethics and behavior, presenting principles and instructions—and rules of engagement. I would suspect that most or all nations have these kinds of guides, and I would suspect that something of the nation’s moral character and perspective is reflected in the way it presents and enforces its standards.
To wit, I would like to share with you some excerpts from the Israel Defense Forces (Tzahal) Code of Ethics.
The IDF Spirit
The Israel Defense Forces are the State of Israel’s military force. The IDF is subordinate to the directions of the democratic civilian authorities and the laws of the state. The goal of the IDF is to protect the existence of the State of Israel and her independence, and to thwart all enemy efforts to disrupt the normal way of life in Israel. IDF soldiers are obligated to fight, to dedicate all their strength and even sacrifice their lives in order to protect the State of Israel, her citizens and residents. IDF soldiers will operate according to the IDF values and orders, while adhering to the laws of the state and norms of human dignity, and honoring the values of the State of Israel as a Jewish and democratic state.
Human Dignity
The IDF and its soldiers are obligated to protect human dignity. Every human being is of value regardless of his or her origin, religion, nationality, gender, status, or position.
Purity of Arms
The IDF servicemen and women will use their weapons and force only for the purpose of their mission, only to the necessary extent and will maintain their humanity event during combat. IDF soldiers will not use their weapons and force to harm human beings who are not combatants or prisoners of war, and will do all in their power to avoid causing harm to their lives, bodies, dignity and property.
The term Purity of Arms may sound like an oxymoron, but, given the reality of enemies and war, a soldier’s way is fraught with moral and existential difficulties. The Torah gives us a glimpse into how our ancient leaders attempted to negotiate this treacherous path. This text from the State of Israel shows us something of the modern struggle.