Deuteronomy 20:12

The people living in the land of Canaan had already been placed under the ban (7:1–6). This means they were set apart for complete destruction as part of God’s judgment.

So this command refers to other nations. It applies to people whom Israel would fight outside the land (20:15).

When thou comest nigh unto a city to fight against it, then proclaim peace unto it--An important principle is here introduced into the war law of Israel regarding the people they fought against and the cities they besieged. With "the cities of those people which God doth give thee" in Canaan, it was to be a war of utter extermination (Deu 20:17-18). But when on a just occasion, they went against other nations, they were first to make a proclamation of peace, which if allowed by a surrender, the people would become dependent [Deu 20:11], and in the relation of tributaries the conquered nations would receive the highest blessings from alliance with the chosen people; they would be brought to the knowledge of Israel's God and of Israel's worship, as well as a participation of Israel's privileges. But if the besieged city refused to capitulate and be taken, a universal massacre was to be made of the males while the women and children were to be preserved and kindly treated (Deu 20:13-14). By this means a provision was made for a friendly and useful connection being established between the captors and the captives; and Israel, even through her conquests, would prove a blessing to the nations.

They are here directed what method to take in dealing with the cities (these only are mentioned, Deu 20:10, but doubtless the armies in the field, and the nations they had occasion to deal with, are likewise intended) upon which they made war. They must not make a descent upon any of their neighbours till they had first given them fair notice, by a public manifesto, or remonstrance, stating the ground of their quarrel with them. In dealing with the worst of enemies, the laws of justice and honour must be observed; and, as the sword must never be taken in hand without cause, so not without cause shown. War is an appeal, in which the merits of the cause must be set forth.
I. Even to the proclamation of war must be subjoined a tender of peace, if they would accept of it upon reasonable terms. That is (say the Jewish writers), "upon condition that they renounce idolatry, worship the God of Israel, as proselytes of the gate that were not circumcised, pay to their new masters a yearly tribute, and submit to their government:" on these terms the process of war should be stayed, and their conquerors, upon this submission, were to be their protectors, Deu 20:10, Deu 20:11. Some think that even the seven nations of Canaan were to have this offer of peace made to them; and the offer was no jest or mockery, though it was of the Lord to harden their hearts that they should not accept it, Jos 11:20. Others think that they are excluded (Deu 20:16) not only from the benefit of that law (Deu 20:13) which confines military execution to the males only, but from the benefit of this also, which allows not to make war till peace was refused. And I see not how they could proclaim peace to those who by the law were to be utterly rooted out, and to whom they were to show no mercy, Deu 7:2. But for any other nation which they made war upon, for the enlarging of their coast, the avenging of any wrong done, or the recovery of any right denied, they must first proclaim peace to the. Let this show, 1. God's grace in dealing with sinners: though he might most justly and easily destroy them, yet, having no pleasure in their ruin, he proclaims peace, and beseeches them to be reconciled; so that those who lie most obnoxious to his justice, and ready to fall as sacrifices to it, if they make him an answer of peace, and open to him, upon condition that they will be tributaries and servants to him, shall not only be saved from ruin, but incorporated with his Israel, as fellow-citizens with the saints. 2. Let it show us our duty in dealing with our brethren: if any quarrel happen, let us not only be ready to hearken to the proposals of peace, but forward to make such proposals. We should never make use of the law till we have first tried to accommodate matters in variance amicably, and without expense and vexation. We must be for peace, whoever are for war.
II. If the offers of peace were not accepted, then they must proceed to push on the war. And let those to whom God offers peace know that if they reject the offer, and take not the benefit of it within the time limited, judgment will rejoice against mercy in the execution as much as now mercy rejoices against judgment in the reprieve. In this case, 1. There is a promise implied that they should be victorious. It is taken for granted that the Lord their God would deliver it into their hands, Deu 20:13. Note, Those enterprises which we undertake by a divine warrant, and prosecute by divine direction, we may expect to succeed in. If we take God's method, we shall have his blessing. 2. They are ordered, in honour to the public justice, to put all the soldiers to the sword, for them I understand by every male (Deu 20:13), all that bore arms (as all then did that were able); but the spoil they are allowed to take to themselves (Deu 20:14), in which were reckoned the women and children. Note, A justifiable property is acquired in that which is won in lawful war. God himself owns the title: The Lord thy God gives it thee; and therefore he must be owned in it, Psa 44:3.
III. The nations of Canaan are excepted from the merciful provisions made by this law. Remnants might be left of the cities that were very far off (Deu 20:15), because by them they were not in so much danger of being infected with idolatry, nor was their country so directly and immediately intended in the promise; but of the cities which were given to Israel for an inheritance no remnants must be left of their inhabitants (Deu 20:16), for it put a slight upon the promise to admit Canaanites to share with them in the peculiar land of promise; and for another reason they must be utterly destroyed (Deu 20:17), because, since it could not be expected that they should be cured of their idolatry, if they were left with that plague-sore upon them they would be in danger of infecting God's Israel, who were too apt to take the infection: They will teach you to do after their abominations (Deu 20:18), to introduce their customs into the worship of the God of Israel, and by degrees to forsake him and to worship false gods; for those that dare violate the second commandment will not long keep to the first. Strange worships open the door to strange deities.
IV. Care is here taken that in the besieging of cities there should not be any destruction made of fruit-trees, Deu 20:19-20. In those times, when besiegers forced their way, not as now with bombs and cannon-ball, but with battering rams, they had occasion for much timber in carrying on their sieges: now because, in the heat of war, men are not apt to consider, as they ought, the public good, it is expressly provided that fruit-trees should not be used as timber-trees. That reason, for the tree of the field is man's (the word life we supply), all the ancient versions, the Septuagint, Targums, etc., read, For is the tree of the field a man? Or the tree of the field is not a man, that it should come against thee in the siege, or retire from thee into the bulwark. "Do not brutishly vent thy rage against the trees that can do thee no harm." But our translation seems most agreeable to the intent of the law, and it teaches us, 1. That God is a better friend to man than man is to himself; and God's law, which we are apt to complain of as a heavy yoke, consults our interest and comfort, while our own appetites and passions, of which we are so indulgent, are really enemies to our welfare. The intent of many of the divine precepts is to restrain us from destroying that which is our life and food. 2. That armies and their commanders are not allowed to make what desolation they please in the countries that are the seat of war. Military rage must always be checked and ruled with reason. War, though carried on with ever so much caution, is destructive enough, and should not be made more so than is absolutely necessary. Generous spirits will show themselves tender, not only of men's lives, but of their livelihoods; for, though the life is more than meat, yet it will soon be nothing without meat. 3. The Jews understand this as a prohibition of all wilful waste upon any account whatsoever. No fruit-tree is to be destroyed unless it be barren, and cumber the ground. "Nay," they maintain, "whoso wilfully breaks vessels, tears clothes, stops wells, pulls down buildings, or destroys meat, transgresses this law: Thou shalt not destroy." Christ took care that the broken meat should be gathered up, that nothing might be lost. Every creature of God is good, and, as nothing is to be refused, so nothing is to be abused. We may live to want what we carelessly waste.

Deuteronomy 20:10-18

10. When thou comest nigh unto a city to fight against it, then proclaim peace unto it.

10. Quum accesseris ad urbem ut expugnes illam, clamabis ad eam pacem.

11. And it shall be, if it make thee answer of peace, and open unto thee, then it shall be, that all the people that is found therein shall be tributaries unto thee, and they shall serve thee.

11. Et erit, si pacem responderit tibi, et aperuit tibi, universus populus qui fuerit repertus in ea, erunt tibi tributarii, servientque tibi.

12. And if it will make no peace with thee, but will make war against thee, then thou shalt besiege it:

12. Si vero pacem non fecerit tecum, sed faciet tecum praelium, obsederisque eam;

13. And when the Lord thy God hath delivered it into thine hands, thou shalt smite every male thereof with the edge of the sword:

13. Et dederit eam Jehova Deus tuus in manu tua: tunc percuties omnem masculum ejus acie gladii.

14. But the women, and the little ones, and the cattle, and all that is in the city, even all the spoil thereof, shalt thou take unto thyself: and thou shalt eat the spoil of thine enemies, which the Lord thy God hath given thee.

14. Tantum mulieres, et parvulos, et animalia, et quicquid fuerit in urbe, omnia spolia ejus praedaberis tibi: comedesque spolia inimicorum tuorum, quos dederit tibi Jehova Deus tuus.

15. Thus shalt thou do unto all the cities which are very far off from thee, which are not of the cities of these nations.

15. Sic facies omnibus urbibus longinquis a te valde, quae non sunt de urbibus gentium istarum.

16. But of the cities of these people, which the Lord thy God doth give thee. for an inheritance, thou shalt save alive nothing that breatheth.

16. Tantum de urbibus populorum istorum quos Jehova Deus tuus dat tibi in haereditatem, non vivificabis ullam animam:

17. But thou shalt utterly destroy them; namely, the Hittites, and the Amorites, the Canaanites, and the Perizzites, the Hivites, and the Jebusites, as the Lord thy God hath commanded thee:

17. Sed perdendo perdes eos, Hitthaeum, Amorrhaeum, Chananaeum et Perisaeum, Hivaeum, et Jebusaeum, quemadmodum praecepit tibi Jehova Deus tuus:

18. That they teach you not to do after all their abominations, which they have done unto their gods; so should ye sin against the Lord your God.

18. Ne doceant vos facere secundum abominationes suas quas faciunt diis suis: et peccetis in Jehovam Deum vestrum.

10. When thou goest forth to war. He now teaches that, even in lawful wars, cruelty is to be repressed, and bloodshed to be abstained from as much as possible. He therefore commands that, when they shall have come to take a city, they should first of all exhort its inhabitants to obtain peace by capitulating; and if they should do so, to keep them alive, and to be content with imposing a tribute on them. This principle of equity was naturally implanted in all nations; hence heralds took their rise, [45] nor did they commence a just war without a solemn proclamation. Besides, inasmuch as the word hostis (an enemy) formerly signified a foreigner (peregrinum,) the Romans mitigated by its mildness the sadness of the reality. On this ground they deemed that faith was to be kept with an enemy; and that sentiment of Cicero is worthy of praise, "that wars must not be undertaken except that we may live in unmolested peace."

But if God would have his people mindful of humanity in the very midst of the din of arms, we may hence infer how greatly displeasing to Him is human bloodshed. Even those whom He has armed with his authority, He would still have disposed to clemency, and He represses their ardor, lest they should stain with blood the swords given them by His permission. How, then, shall it be lawful for a private person to assume the sword for the purpose of killing his brother? We now understand the object of the instructions here given, and how appropriately they are connected with the Sixth Commandment.

12. And if he will make no peace. The permission here given seems to confer too great a license; for, since heathen writers [46] command even the conquered to be spared, and enjoin that those should be admitted to mercy who lay down their arms, and cast themselves on the good faith of the General, although the battering-ram may have actually made a breach in the wall, how does God, the Father of mercies, give His sanction to indiscriminate bloodshed? It has already been stated, that more was conceded to the Jews on account of their hardness of heart, than was justly lawful for them. Unquestionably, by the law of charity, even armed men should be spared, if, casting away the sword, they crave for mercy; at any rate it was not lawful to kill any but those who were taken in arms, and sword in hand. This permission, therefore, to slaughter, which is extended to all the males, is far distant from perfection. [47] But, although in their ferocity the Jews would have hardly suffered the perfection of equity to be prescribed to them, still God would at least restrain their excessive violence from proceeding to the extremity of cruelty. The question is as to cities taken by force, where it sometimes happens that there is no distinction of sex or age regarded; this inhumanity is here mitigated, since they might not kill either women or children.

15. Thus shalt thou do unto all the cities. An exception is introduced, that the Jews should not apply the common laws of war to the Canaanitish nations, with respect to whose extermination the sentence had passed. [48] For God had not only armed the Jews to carry on war with them, but had appointed them to be the ministers and executioners of His vengeance. We have elsewhere explained that there were just causes why He would have their race and memory radically destroyed; especially since He had borne with them for four hundred years, whilst in their wicked obstinacy they had not ceased to grow worse and worse, from whence their desperate impiety was manifest. What had been said before is here, however, repeated, i e., that since that land was consecrated to God's service, its inhabitants were to be exterminated, who could do nothing but contaminate it; and therefore this would be profitable for the Israelites, lest by their wiles they should be attracted to false superstitions.

Footnotes:

[45] "Feciales." -- Lat. "Les herauts d'armes." -- Fr. "The Romans never carried on any war without solemnly proclaiming it. This was done by a set of priests called Feciales. When the Romans thought themselves injured by any nation, they sent one or more of these Feciales to demand redress, (ad res repetundas,) Liv. 4:30, 38:45. Varro, L.L. 4:15. Dionys. 2:72; and, if it was not immediately given, thirty-three days were granted to consider the matter, after which war might be justly declared. Then the. Feciaks again went to their confines, and having thrown a bloody spear into them, formally declared war against that nation, Liv. 1:32." -- Adam's Romans Antiq. The references in the two following sentences are to Cicero, de Off. 1:12, and 11, and 13.

[46] "Et cum iis, quos vi deviceris, consulendum est; tum 2, qui, armis positis, ad imperatorum fidem confugient, quamvis murum aries percusserit, recipiendi sunt." -- Cic, de Off. 1:11.

[47] Addition in Fr., "et equite qui doit estre en tous enfans de Dieu;" and from the equity which ought to be in all God's children.

[48] Addition in Fr., "et l'execution commise aux enfans d'Israel;" and its execution committed to the children of Israel.

And if it will make no peace with thee,.... Will not accept of terms of peace offered:

but will make war against thee; come out and fight, or prepare to defend themselves: then thou shall besiege it; surround and block it up on all sides with their forces; the Jews say only on three sides, leaving one for any to flee and make their escape if they thought fit; See Gill on Numbers 31:7.

If the hostile town, however, did not make peace, but prepared for war, the Israelites were to besiege it; and if Jehovah gave it into their hands, they were to slay all the men in it without reserve ("with the edge of the sword," see at Gen 34:26); but the women and children and all that was in the city, all its spoil, they were to take as prey for themselves, and to consume (eat) the spoil, i.e., to make use of it for their own maintenance.