Judges 11:28

• Jephthah first tried to solve the issue through diplomacy instead of using military force (compare Deuteronomy 20:10–11).

• Unlike the nomadic and raiding Midianites from Gideon's time, the Ammonites were a settled tribe. Their land was east of Israel's territory in Transjordan (east of the Jordan River), with Rabbah as their capital. The Ammonites, like the Moabites (both who were descended from Lot) and the Edomites (descendants of Esau), were to be left alone because the Lord assigned their territories to them (Deuteronomy 2:16–23).

• Contrary to the Ammonite king's claim, the Amorites, not the Ammonites or Moabites, lived between the Arnon and Jabbok rivers during the conquest. When Sihon refused to let Israel pass, the Lord gave the land of the Amorite kings Sihon and Og to Israel. The Ammonite king had no valid reason to argue with Israel.

Howbeit the king of the children of Ammon hearkened not unto the words of Jephthah--His remonstrances to the aggressor were disregarded, and war being inevitable, preparations were made for a determined resistance.

We have here the treaty between Jephthah, now judge of Israel, and the king of the Ammonites (who is not named), that the controversy between the two nations might, if possible, be accommodated without the effusion of blood.
I. Jephthah, as one having authority, sent to the king of Ammon, who in this war was the aggressor, to demand his reasons for invading the land of Israel: "Why hast thou come to fight against me in my land? Jdg 11:12. Had I come first into thy land to disturb thee in thy possession, this would have been reason enough for fighting against me, for how must force be repelled but by force? but what hast thou to do to come thus in a hostile manner into my land?" so he calls it, in the name both of God and Israel. Now this fair demand shows, 1. That Jephthah did not delight in war, though he was a mighty man of valour, but was willing to prevent it by a peaceable accommodation. If he could by reason persuade the invaders to retire, he would not compel them to do it by the sword. War should be the last remedy, not to be used till all other methods of ending matters in variance have been tried in vain, ratio ultima regum - the last resource of kings. This rule should be observed in going to law. The sword of justice, as well as the sword of war, must not be appealed to till the contending parties have first endeavoured by gentler means to understand one another, and to accommodate matters in variance, Co1 6:1. 2. That Jephthah did delight in equity, and designed no other than to do justice. If the children of Ammon could convince him that Israel had done them wrong, he was ready to restore the rights of the Ammonites. If not, it was plain by their invasion that they did Israel wrong, and he was ready to maintain the rights of the Israelites. A sense of justice should guide and govern us in all our undertakings.
II. The king of the Ammonites now gives in his demand, which he should have published before he had invaded Israel, Jdg 11:13. His pretence is, "Israel took away my lands long since; now therefore restore those lands." We have reason to think the Ammonites, when they made this descent upon Israel, meant no other than to spoil and plunder the country, and enrich themselves with the prey, as they had done formerly under Eglon (Jdg 3:13) when no such demand as this was made, though the matter was then fresh; but when Jephthah demanded the cause of their quarrel, and they could not for shame own what was their true intent and meaning, some old musty records were searched, or some ancient traditions enquired into, and from them this reason was drawn to serve the present turn, for a colourable pretence of equity in the invasion. Even those that do the greatest wrong yet have such a conviction in their consciences of justice that they would seem to do right. Restore those lands. See upon what uncertain terms we hold our worldly possessions; what we think we have the surest hold of may be challenged from us, and wrested out of our hands. Those that have got to the heavenly Canaan need not fear having their titles questioned.
III. Jephthah gives in a very full and satisfactory answer to this demand, showing it to be altogether unjust and unreasonable, and that the Ammonites had no title to this country that lay between the rivers Arnon and Jabbok, now in the possession of the tribes of Reuben and Gad. As one very well versed in the history of his country, he shows,
1. That Israel never took any land away either from the Moabites or Ammonites. He puts them together because they were brethren, the children of Lot, near neighbours, and of united interests, having the same god, Chemosh, and perhaps sometimes the same king. The lands in question Israel took away, not from the Moabites or Ammonites (they had particular orders from God not to meddle with them nor any thing they had, Deu 2:9, Deu 2:19, and religiously observed their orders), but they found them in the possession of Sihon king of the Amorites, and out of his hand they took them justly and honourably, as he will show afterwards. If the Amorites, before Israel came into that country, had taken these lands from the Moabites or Ammonites, as it should seem they had (Num 21:26; Jos 13:25), Israel was not concerned to enquire into that or answer for it. If the Ammonites had lost these lands and their title to them, the children of Israel were under no obligation to recover the possession for them. Their business was to conquer for themselves, not for other people. This is his first plea, "Not guilty of the trespass."
2. That they were so far from invading the property of any other nations than the devoted posterity of cursed Canaan (one of the branches of which the Amorites were, Gen 10:16) that they would not so much as force a passage through the country either of the Edomites, the seed of Esau, or of the Moabites, the seed of Lot; but even after a very tedious march through the wilderness, with which they were sadly tired (Jdg 11:16), when the king of Edom first, and afterwards the king of Moab, denied them the courtesy of a way through their country (Jdg 11:17), rather than give them any offence or annoyance, weary as they were, they put themselves to the further fatigue of compassing both the land of Edom and that of Moab, and came not within the border of either, Jdg 11:18. Note, Those that behave themselves inoffensively may take the comfort of it, and plead it against those that charge them with injustice and wrong doing. Our righteousness will answer for us in time to come (Gen 30:33) and will put to silence the ignorance of foolish men, Pe1 2:15.
3. That in that war in which they took this land out of the hands of Sihon king of the Amorites he was the aggressor, and not they, Jdg 11:19, Jdg 11:20. They sent a humble petition to him for leave to go through his land, willing to give him any security for their good behaviour in their march. "Let us pass (say they) unto our place, that is, to the land of Canaan, which is the only place we call ours, and to which we are pressing forward, not designing a settlement here." But Sihon not only denied them this courtesy, as Edom and Moab had done (had he only done so, who knows but Israel might have gone about some other way?) but he mustered all his forces, and fought against Israel (Jdg 11:20), not only shut them out of his own land, but would have cut them off from the face of the earth (Num 21:23, Num 21:24), aimed at nothing less than their ruin, Jdg 11:20. Israel therefore, in their war with him, stood in their own just and necessary defence, and therefore, having routed his army, might justly, in further revenge of the injury, seize his country as forfeited. Thus Israel came to the possession of this country, and doubted not to make good their title to it; and it is very unreasonable for the Ammonites to question their title, for the Amorites were the inhabitants of that country, and it was purely their land and their coasts that the Israelites then made themselves masters of, Jdg 11:21, Jdg 11:22.
4. He pleads a grant from the crown, and claims under that, Jdg 11:23, Jdg 11:24. It was not Israel (they were fatigued with their long march, and were not fit for action so soon), but it was the Lord God of Israel, who is King of nations, whose the earth is and the fulness thereof, he it was that dispossessed the Amorites and planted Israel in their room. God gave them the land by an express and particular conveyance, such as vested the title in them, which they might make good against all the world. Deu 2:24, I have given into thy hand Sihon and his land; he gave it to them, by giving them a complete victory over the present occupants, notwithstanding the great disadvantages they were under. "Can you think that God gave it to us in such an extraordinary manner with design that we should return it to the Moabites or Ammonites again? No, we put a higher value upon God's favours than to part with them so easily." To corroborate this plea, he urges an argument ad hominem - directed to the man: Wilt not thou possess that which Chemosh thy god giveth thee? He not only appeals to the common resolutions of men to hold their own against all the world, but to the common religion of the nations, which, they thought, obliged them to make much of that which their gods gave them. Not that Jephthah thought Chemosh a god, only he is thy god, and the worshippers even of those dunghill deities that could do neither good nor evil yet thought themselves beholden to them for all they had (Hos 2:12, These are my rewards which my lovers have given me; and see Jdg 16:24) and made this a reason why they would hold it fast, that their gods gave it to them. "This thou thinkest a good title, and shall not we?" The Ammonites had dispossessed those that dwelt in their land before them; they thought they did it by the help of Chemosh their god, but really it was Jehovah the God of Israel that did it for them, as is expressly said, Deu 2:19, Deu 2:21. "Now," says Jephthah, "we have as good a title to our country as you have to yours." Note, One instance of the honour and respect we owe to God, as our God, is rightly to possess that which he gives us to possess, receive it from him, use it for him, keep it for his sake, and part with it when he calls for it. He has given it to us to possess, not to enjoy. He himself only must be enjoyed.
5. He pleads prescription. (1.) Their title had not been disputed when they first entered upon it, Jdg 11:25. "Balak who was then king of Moab, from whom the greatest part of these lands had been taken by the Amorites, and who was most concerned and best able to oppose us, if he had had any thing to object against our settlement there, yet sat still, and never offered to strive against Israel." He knew that for his own part he had fairly lost it to the Amorites and was not able to recover it, and could not but acknowledge that Israel had fairly won it of the Amorites, and therefore all his care was to secure what was left: he never pretended a title to what was lost. See Num 22:2, Num 22:3. "He then acquiesced in God's way of disposing of kingdoms, and wilt not thou now?" (2.) Their possession had never yet been disturbed, Jdg 11:26. He pleads that they had kept this country as their own now about 300 years, and the Ammonites in all that time had never attempted to take it from them, no, not when they had it in their power to oppress them, Jdg 3:13, Jdg 3:14. So that, supposing their title had not been clear at the first (which yet he had proved it was), yet, no claim having been made for so many generations, the entry of the children of Ammon, without doubt, was barred for ever. A title so long unquestioned shall be presumed unquestionable.
6. By these arguments Jephthah justifies himself and his own cause ("I have not sinned against thee in taking or keeping what I have no right to; if I had, I would instantly make restitution"), and condemns the Ammonites: "Thou doest me wrong to war against me, and must expect to speed accordingly," Jdg 11:27. It seems to me an evidence that the children of Israel, in the days of their prosperity and power (for some such days they had in the times of the judges) had conducted themselves very inoffensively to all their neighbours and had not been vexatious or oppressing to them (either by way of reprisal or under colour of propagating their religion), that the king of the Ammonites, when he would seek an occasion of quarrelling with them, was forced to look 300 years back for a pretence. It becomes the people of God thus to be blameless and harmless, and without rebuke.
7. For the deciding of the controversy, he puts himself upon God and his sword, and the king of Ammon joins issue with him (Jdg 11:27, Jdg 11:28): The Lord the Judge be judge this day. With this solemn reference of the matter to the Judge of heaven and earth he designs either to deter the Ammonites from proceeding and oblige them to retire, when they saw the right of the cause was against them, or to justify himself in subduing them if they should go on. Note, War is an appeal to heaven, to God the Judge of all, to whom the issues of it belong. If doubtful rights be disputed, he is hereby requested to determine them. If manifest rights be invaded or denied, he is hereby applied to for the vindicating of what is just and the punishing of wrong. As the sword of justice was made for lawless and disobedient persons (Ti1 1:9), so was the sword of war made for lawless and disobedient princes and nations. In war therefore the eye must be ever up to God, and it must always be thought a dangerous thing to desire or expect that God should patronise unrighteousness.
Neither Jephthah's apology, nor his appeal, wrought upon the king of the children of Ammon; they had found the sweets of the spoil of Israel, in the eighteen years wherein they had oppressed them (Jdg 10:8), and hoped now to make themselves masters of the tree with the fruit of which they had so often enriched themselves. He hearkened not to the words of Jephthah, his heart being hardened to his destruction.

Howbeit, the king of the children of Ammon hearkened not unto the words of Jephthah which he sent him. He attended not to the arguments Jephthah made use of, and did not choose to seem at least to be convinced by them, nor to regard the awful appeal he had made to the great Jehovah.

Jephthah's Negotiations with the King of the Ammonites. - Jdg 11:12. Before Jephthah took the sword, he sent messengers to the king of the Ammonites, to make complaints to him of his invasion of the land of the Israelites. "What have we to do with one another ('what to me and thee?' see Jos 22:24; Sa2 16:10), that thou hast come to me to fight against my land?" Jephthah's ambassadors speak in the name of the nation; hence the singulars "me" and "my land."
Jdg 11:13
The king of the Ammonites replied, that when Israel came up out of Egypt, they had taken away his land from the Arnon to the Jabbok (on the north), and to the Jordan (on the west), and demanded that they should now restore these lands in peace. The plural אתהן (them) refers ad sensum to the cities and places in the land in question. The claim raised by the king of the Ammonites has one feature in it, which appears to have a certain colour of justice. The Israelites, it is true, had only made war upon the two kings of the Amorites, Sihon and Og, and defeated them, and taken possession of their kingdoms and occupied them, without attacking the Ammonites and Moabites and Edomites, because God had forbidden their attacking these nations (Deu 2:5, Deu 2:9,Deu 2:19); but one portion of the territory of Sihon had formerly been Moabitish and Ammonitish property, and had been conquered by the Amorites and occupied by them. According to Num 21:26, Sihon had made war upon the previous king of Moab, and taken away all his land as far as the Arnon (see the comm. on this passage). And although it is not expressly stated in the Pentateuch that Sihon had extended his conquests beyond Moabitis into the land of the Ammonites, which was situated to the east of Moab, and had taken a portion of it from them, this is pretty clearly indicated in Jos 13:25, since, according to that passage, the tribe of Gad received in addition to Jaezer and all the towns of Gilead, half the land of the children of Ammon, namely, the land to the east of Gilead, on the western side of the upper Jabbok (Nahr Ammn: see at Jos 13:26).
(Note: The explanation which Masius gives of this passage (Eatenus moao sursum in Galaaditidem exporrectam jacuisse Gaditarum haereditatem, quatenus dimidia Ammonitarum ditio Galaaditidem ab oriente ambiebat) is not sufficiently in keeping with the words, and too unnatural, to be regarded as correct, as it is by Reland (Pal. ill. p. 105) and Hengstenberg (Dissertations on the Pentateuch, ii. p. 29); and the reasons assigned by Masius, viz., "that the Israelites were prohibited from occupying the land of the Ammonites," and "the Ammonites are not mentioned in Num 21:26," are too weak to establish anything. The latter is an argumentum e silentio, which loses all significance when we bear in mind, that even the allusion to the land of the Moabites in Num 21:26 is only occasioned by the prominence given to Heshbon, and the poetical saying founded upon its fall. But the prohibition against taking the land of the Ammonites from them had just as much force in relation to the land of the Moabites, and simply referred to such land as these tribes still possessed in the time of Moses, and not to that which the Amorites had taken from them.)
Jdg 11:14-15
Jephthah then sent ambassadors again to explain to him the true state of the case, namely, that Israel had neither taken away the land of Moab nor the land of the Ammonites. As a proof of this, Jephthah adduced the leading facts connected with the journey of the Israelites through the desert of Arabia to Canaan, by which this assertion was confirmed, in exact agreement with the accounts of the Pentateuch respecting the matter in dispute.
Jdg 11:16-18
On leaving Egypt, Israel passed through the desert to the Red Sea, and came to Kadesh (Num 20:1). They then sent messengers to the king of Edom, to obtain permission to pass through his land; and this the king of Edom refused (Num 20:14-21). They also sent to the king of Moab, who sent back a similar refusal. The embassy to the king of Moab is not mentioned in the Pentateuch, as it had no direct bearing upon the further course of the Israelites (see Pentateuch, p. 741, note 1). "And Israel abode in Kadesh" (word for word, as in Num 20:1), and "then passed through the desert," namely to Mount Hor, then down the Arabah to the Red Sea, and still farther past Oboth to Ijje-abarim in the desert (Num 20:22-21:11). In this way they went round the land of Edom and the land of Moab (יסב, like סבב in Num 21:4); and came from the east to the land of Moab (i.e., along the eastern boundary, for Ijje-abarim was situated there, according to Num 21:11); and encamped on the other side of the Arnon (Num 21:13), i.e., on the upper course of the Arnon where it still flows through the desert (see Pent. p. 749). On this march, therefore, they did not enter the territory of Moab, as the Arnon formed the boundary of Moab, i.e., the boundary between Moab and the territory of the Amorites (Num 21:13).
Jdg 11:19-22
Jdg 11:19-22 are almost verbatim the same as Num 21:21-25. Israel then sent messengers to Sihon the king of the Amorites at Heshbon, to ask permission to pass through his land. "Into my place," i.e., into the land of Canaan, that Jehovah has appointed for me. But Sihon "trusted not Israel to pass through his land," i.e., he did not trust to the assurance of Israel that they only wanted to pass peaceably through his land, but supposed the petition to cover an intention to take forcible possession of it. (In Num 21:23 we have נתן לא instead of האמין לא.) He did not confine himself, therefore, to a refusal of the permission they asked for, but collected his men of war, and marched against the Israelites to the desert as far as Jahza, on the east of Medeba and Dibon (see at Num 21:23), and fought with them. But he was defeated, and lost all his land, from the Arnon (Mojeb) on the south to the Jabbok (Zerka) on the north, and from the desert on the east to the Jordan on the west, of which the Israelites took possession.
Jdg 11:23-24
From these facts Jephthah drew this simple but indisputable conclusion: "Jehovah the God of Israel has rooted out the Amorites before His people Israel, and thou wilt take possession of it (viz., the land of the Amorites)." The suffix to תּירשׁנּוּ refers to האמרי, the Amorites, i.e., their land. The construction of ירשׁ with the accusative of the people (as in Deu 2:12, Deu 2:21-22; Deu 9:1) may be explained on the simple ground, that in order to take possession of a country, it is necessary first of all to get the holders of it into your power. Jephthah then proved still further how unwarrantable the claim of the king of the Ammonites was, and said to him (Jdg 11:24), "Is it not the fact (הלא, nonne), that what thy god Chemosh gives thee for a possession, of that thou takest possession; and all that Jehovah makes ownerless before us, of that we take possession?" - an appeal the validity of which could not be disputed. For Chemosh, see at Num 21:29. The verb הורישׁ combines the three meanings: to drive out of a possession, to deprive of a possessor, and to give for a possession; inasmuch as it is impossible to give a land for a possession without driving away or exterminating its former possessor.
Jdg 11:25-26
But not contenting himself with this conclusive deduction, Jephthah endeavoured to remove the lost appearance of right from the king's claim by a second and equally conclusive argument. "And now art thou better than Balak son of Zippor, the king of Moab? Did he strive (רוב, inf. abs. of ריב or רוּב) with Israel, or did he fight against them?" By the repetition of ועתּה (Jdg 11:25, cf. Jdg 11:23), the new argument is attached to the previous one, as a second deduction from the facts already described. Balak, the king of the Moabites, had indeed bribed Balaam to destroy Israel by his curses; but he did so not so much with the intention of depriving them of the territory of the Amorites which they had conquered, as from the fear that the powerful Israelites might also conquer his still remaining kingdom. Balak had neither made war upon Israel on account of the territory which they had conquered from the Amorites, nor had he put forward any claim to it as his own property, which he certainly might have done with some appearance of justice, as a large portion of it had formerly belonged to the Moabites (see Num 21:26 and the comm. on this passage). If therefore Balak the king of the Moabites never thought of looking upon this land as being still his property, or of asking it back from the Israelites, the king of the Ammonites had no right whatever to lay claim to the land of Gilead as belonging to him, or to take it away from the Israelites by force, especially after the lapse of 300 years. "As Israel dwells in Heshbon, ... and in all the cities by the side of the Arnon for three hundred years, why have ye not taken away (these towns and lands) within that time" (i.e., during these 300 years)? If the Ammonites had had any right to it, they ought to have asserted their claim in Moses' time. It was much too late now, after the expiration of 300 years. For "if no prescriptive right is to be admitted, on account of length of time, and if long possession gives no title, nothing would ever be held in safety by any people, and there would be no end to wars and dissension" (Clericus). On Heshbon and its daughters, see at Num 21:25. Aror (ערעור, another form for ערער, or possibly only a copyist's error) is Aror of Gad, before Rabbah (Jos 13:25), and is to be sought for in the Wady Nahr Ammn, on the north-east of Ammn (see at Josh. l. c.), not Aror of Reuben, on the border of the valley of Arnon (Num 32:34; Deu 2:36; Deu 4:48; Jos 12:2; Jos 13:9). This is evident from the fact, that it is distinguished from "all the cities on the side (ידי על, see at Num 34:3) of the Arnon," which included Aror of Reuben. Aror of Gad, with its daughter towns, was probably Ammonitish territory before the time of Sihon. On the 300 years, a round number that comes very near the reality, see the Chronol. p. 285.
Jdg 11:27
After Jephthah had adduced all that could be said, to prove that the Israelites were the rightful possessors of the land of Gilead,
(Note: "Jephthah urged everything that could be pleaded in support of their prescriptive right: possession, length of time, the right of conquest, and undisputed occupation." - Rosenmller.)
he closed with these words: "I (i.e., Israel, whose cause Jephthah was pleading) have not sinned against thee, but thou doest me wrong in that thou makest war against me. Let Jehovah the Judge be judge this day (now) between the children of Israel and the children of Ammon." God should decide between the two nations, by giving the victory in war to the side whose cause was the just one.
Jdg 11:28
But the king of the Ammonites did not hearken to the words of Jephthah "which he had sent to him," i.e., had instructed his messengers to address to him; so that it was necessary that Jehovah should decide for Israel in battle.