כִּֽי־תִקְרַ֣ב אֶל־עִ֔יר לְהִלָּחֵ֖ם עָלֶ֑יהָ וְקָרָ֥אתָ אֵלֶ֖יהָ לְשָׁלֽוֹם׃

When you approach a city to wage war against it, first of all you shall call to it for peace. You shall offer a peace treaty to its residents.

וְהָיָה֙ אִם־שָׁל֣וֹם תַּֽעַנְךָ֔ וּפָתְחָ֖ה לָ֑ךְ וְהָיָ֞ה כָּל־הָעָ֣ם הַנִּמְצָא־בָ֗הּ יִהְי֥וּ לְךָ֛ לָמַ֖ס וַעֲבָדֽוּךָ׃

It shall be, if it responds peace to you, by accepting your offer, and it opens its gates for you, you shall agree to terms with it. However, this is not a peace between equals, as the entire people that is found in it shall be for tribute for you, and they shall serve you. The city will become a conquered territory subject to the authority of Israelite rule.

וְאִם־לֹ֤א תַשְׁלִים֙ עִמָּ֔ךְ וְעָשְׂתָ֥ה עִמְּךָ֖ מִלְחָמָ֑ה וְצַרְתָּ֖ עָלֶֽיהָּ׃

If it will not make peace with you, but will wage war against you and you besiege it,

וּנְתָנָ֛הּ יְהוָ֥ה אֱלֹהֶ֖יךָ בְּיָדֶ֑ךָ וְהִכִּיתָ֥ אֶת־כָּל־זְכוּרָ֖הּ לְפִי־חָֽרֶב׃

the Lord your God will deliver it into your hand, and you shall smite all its males by sword. You are permitted to kill all its male inhabitants, as they are the enemy.

רַ֣ק הַ֠נָּשִׁים וְהַטַּ֨ף וְהַבְּהֵמָ֜ה וְכֹל֩ אֲשֶׁ֨ר יִהְיֶ֥ה בָעִ֛יר כָּל־שְׁלָלָ֖הּ תָּבֹ֣ז לָ֑ךְ וְאָֽכַלְתָּ֙ אֶת־שְׁלַ֣ל אֹיְבֶ֔יךָ אֲשֶׁ֥ר נָתַ֛ן יְהוָ֥ה אֱלֹהֶ֖יךָ לָֽךְ׃

Only the women, and the young children, and the animals, and everything that is in the city, all its spoils, you shall loot for you. Since the women and children are considered plunder, not the enemy, you may take them captive rather than killing them. And you shall consume the spoils of your enemies that the Lord your God has given you.

כֵּ֤ן תַּעֲשֶׂה֙ לְכָל־הֶ֣עָרִ֔ים הָרְחֹקֹ֥ת מִמְּךָ֖ מְאֹ֑ד אֲשֶׁ֛ר לֹא־מֵעָרֵ֥י הַגּֽוֹיִם־הָאֵ֖לֶּה הֵֽנָּה׃

So you shall do to all the cities that are very far from you, that are not from the cities of these nations in the boundaries of the land that you are about to enter;

רַ֗ק מֵעָרֵ֤י הָֽעַמִּים֙ הָאֵ֔לֶּה אֲשֶׁר֙ יְהוָ֣ה אֱלֹהֶ֔יךָ נֹתֵ֥ן לְךָ֖ נַחֲלָ֑ה לֹ֥א תְחַיֶּ֖ה כָּל־נְשָׁמָֽה׃

however, from the cities of these peoples that the Lord your God is giving you as inheritance, you shall not keep any person alive. The law with regard to cities in Canaan is more severe than that of distant cities. If a city that is far from your land makes peace with you, accepting your terms, it will remain intact. Even if it refuses to accept your stipulations and attacks you, only its males are killed.

כִּֽי־הַחֲרֵ֣ם תַּחֲרִימֵ֗ם הַחִתִּ֤י וְהָאֱמֹרִי֙ הַכְּנַעֲנִ֣י וְהַפְּרִזִּ֔י הַחִוִּ֖י וְהַיְבוּסִ֑י כַּאֲשֶׁ֥ר צִוְּךָ֖ יְהוָ֥ה אֱלֹהֶֽיךָ׃

Rather, you shall destroy them, those cities in Canaan, and kill all their inhabitants: The Hitites, and the Emorites, the Canaanites, and the Perizites, the Hivites, and the Yevusites, as the Lord your God has commanded you. The reason for the annihilation of the inhabitants of those cities is neither racial nor nationalistic. Elsewhere the Torah cites security justifications, the concern that the foreigners who remain in Canaan might pose a threat to the lives of Israelites. Here the Torah states a different reason:

לְמַ֗עַן אֲשֶׁ֨ר לֹֽא־יְלַמְּד֤וּ אֶתְכֶם֙ לַעֲשׂ֔וֹת כְּכֹל֙ תּֽוֹעֲבֹתָ֔ם אֲשֶׁ֥ר עָשׂ֖וּ לֵֽאלֹהֵיהֶ֑ם וַחֲטָאתֶ֖ם לַיהוָ֥ה אֱלֹהֵיכֶֽם׃ (ס)

So that they will not teach you to do like all their abominations that they performed with their gods, and you will sin against the Lord your God. You might be adversely influenced by their culture and religion.

כִּֽי־תָצ֣וּר אֶל־עִיר֩ יָמִ֨ים רַבִּ֜ים לְֽהִלָּחֵ֧ם עָלֶ֣יהָ לְתָפְשָׂ֗הּ לֹֽא־תַשְׁחִ֤ית אֶת־עֵצָהּ֙ לִנְדֹּ֤חַ עָלָיו֙ גַּרְזֶ֔ן כִּ֚י מִמֶּ֣נּוּ תֹאכֵ֔ל וְאֹת֖וֹ לֹ֣א תִכְרֹ֑ת כִּ֤י הָֽאָדָם֙ עֵ֣ץ הַשָּׂדֶ֔ה לָבֹ֥א מִפָּנֶ֖יךָ בַּמָּצֽוֹר׃

When you will besiege a city many days to wage war against it to seize it, you might think of chopping down the trees near the city to take the wood as plunder, or in order to construct a wall or fortification, or alternatively, to prevent the inhabitants of the city from enjoying the fruit, or to prevent them from using the trees as cover to escape the city to rearm. Nevertheless, you shall not destroy its fruit trees to wield an axe against them, as from them, the trees in your vicinity, you will eat, and therefore you shall not cut them down.

רַ֞ק עֵ֣ץ אֲשֶׁר־תֵּדַ֗ע כִּֽי־לֹא־עֵ֤ץ מַאֲכָל֙ ה֔וּא אֹת֥וֹ תַשְׁחִ֖ית וְכָרָ֑תָּ וּבָנִ֣יתָ מָצ֗וֹר עַל־הָעִיר֙ אֲשֶׁר־הִ֨וא עֹשָׂ֧ה עִמְּךָ֛ מִלְחָמָ֖ה עַ֥ד רִדְתָּֽהּ׃ (פ)

Only a tree that you will know that it is not a food tree, it you may destroy and cut down. It is sometimes difficult to distinguish between a fruit-bearing tree whose fruit has fallen off or has yet to sprout, and a tree that does not bear fruit. Consequently, the Torah stresses that one may destroy only those trees that he knows for certain are not fruit trees. And you will build from the wood of those trees a siege against the city that makes war with you, until its fall, meaning until the city’s defeat or until its walls fall.

כִּי־יִמָּצֵ֣א חָלָ֗ל בָּאֲדָמָה֙ אֲשֶׁר֩ יְהוָ֨ה אֱלֹהֶ֜יךָ נֹתֵ֤ן לְךָ֙ לְרִשְׁתָּ֔הּ נֹפֵ֖ל בַּשָּׂדֶ֑ה לֹ֥א נוֹדַ֖ע מִ֥י הִכָּֽהוּ׃

If a dead body will be found in the land that the Lord your God is giving you to take possession of it, fallen in the field, and it is not known who smote him. It is evident that the man was murdered but no one knows what exactly happened or the identity of the killer.

וְיָצְא֥וּ זְקֵנֶ֖יךָ וְשֹׁפְטֶ֑יךָ וּמָדְדוּ֙ אֶל־הֶ֣עָרִ֔ים אֲשֶׁ֖ר סְבִיבֹ֥ת הֶחָלָֽל׃

The very fact that a body was discovered in the Land of Israel is a shameful scandal, a sin and a stain upon the people. Consequently, your elders and your judges, the foremost leaders of the people, the members of the Great Sanhedrin, shall go out, and they shall measure the distance from the body to the cities that are surrounding the body.

וְהָיָ֣ה הָעִ֔יר הַקְּרֹבָ֖ה אֶל־הֶחָלָ֑ל וְלָֽקְח֡וּ זִקְנֵי֩ הָעִ֨יר הַהִ֜וא עֶגְלַ֣ת בָּקָ֗ר אֲשֶׁ֤ר לֹֽא־עֻבַּד֙ בָּ֔הּ אֲשֶׁ֥ר לֹא־מָשְׁכָ֖ה בְּעֹֽל׃

It shall be assumed that the city that is nearest to the body is the most likely to be the home of the killer, despite the fact that there is no proof to this effect. Therefore, the elders of that particular city shall take a calf of the herd, in its first year, or according to a dissenting opinion, in the second year of its life, with which work was not performed, and which has not drawn a yoke for plowing or any other labor. This would be a young, small calf, as a yoke would generally be placed on larger calves, if only to accustom them to the burden.

וְהוֹרִ֡דוּ זִקְנֵי֩ הָעִ֨יר הַהִ֤וא אֶת־הָֽעֶגְלָה֙ אֶל־נַ֣חַל אֵיתָ֔ן אֲשֶׁ֛ר לֹא־יֵעָבֵ֥ד בּ֖וֹ וְלֹ֣א יִזָּרֵ֑עַ וְעָֽרְפוּ־שָׁ֥ם אֶת־הָעֶגְלָ֖ה בַּנָּֽחַל׃

The elders of that city shall take the calf down to a harsh ravine, hard and stony, or according to some commentaries, a ravine with a strong, constant stream of water, in which work will not be done and it will not be sown, because it is too steep and rocky, or because of the water. Although it is near a settled area, the spot itself is desolate. And they shall behead the calf there in the ravine, from the nape, unlike the ritual slaughter of an animal, which is performed from the neck.

וְנִגְּשׁ֣וּ הַכֹּהֲנִים֮ בְּנֵ֣י לֵוִי֒ כִּ֣י בָ֗ם בָּחַ֞ר יְהוָ֤ה אֱלֹהֶ֙יךָ֙ לְשָׁ֣רְת֔וֹ וּלְבָרֵ֖ךְ בְּשֵׁ֣ם יְהוָ֑ה וְעַל־פִּיהֶ֥ם יִהְיֶ֖ה כָּל־רִ֥יב וְכָל־נָֽגַע׃

The priests, sons of Levi, shall approach, as the Lord your God chose them to serve Him and to bless in the name of the Lord, and in many cases, by their word shall be every dispute and every affliction. They too shall participate in the ritual, together with the elders of the city.

וְכֹ֗ל זִקְנֵי֙ הָעִ֣יר הַהִ֔וא הַקְּרֹבִ֖ים אֶל־הֶחָלָ֑ל יִרְחֲצוּ֙ אֶת־יְדֵיהֶ֔ם עַל־הָעֶגְלָ֖ה הָעֲרוּפָ֥ה בַנָּֽחַל׃

And all the elders of that city, who , after the measurement, are found to be nearest to the body shall wash their hands over the calf that was beheaded in the ravine.

וְעָנ֖וּ וְאָמְר֑וּ יָדֵ֗ינוּ לֹ֤א שפכה [שָֽׁפְכוּ֙] אֶת־הַדָּ֣ם הַזֶּ֔ה וְעֵינֵ֖ינוּ לֹ֥א רָאֽוּ׃

They shall proclaim and say: Our hands did not shed this blood, and our eyes did not see. In action, washing their hands, and in statement, they are declaring, as representatives of their city, that they are in no way responsible for this murder, not even through inaction. They are also saying that they do not know the identity of the guilty party. It is derived from here that if there is a suspect for the murder, then the rituals of the measurement and the beheading of the calf are not performed; rather, the accused is brought to trial.

כַּפֵּר֩ לְעַמְּךָ֨ יִשְׂרָאֵ֤ל אֲשֶׁר־פָּדִ֙יתָ֙ יְהוָ֔ה וְאַל־תִּתֵּן֙ דָּ֣ם נָקִ֔י בְּקֶ֖רֶב עַמְּךָ֣ יִשְׂרָאֵ֑ל וְנִכַּפֵּ֥ר לָהֶ֖ם הַדָּֽם׃

Atone for Your people Israel, whom You have redeemed, Lord, and do not let there be innocent blood, in the midst

וְאַתָּ֗ה תְּבַעֵ֛ר הַדָּ֥ם הַנָּקִ֖י מִקִּרְבֶּ֑ךָ כִּֽי־תַעֲשֶׂ֥ה הַיָּשָׁ֖ר בְּעֵינֵ֥י יְהוָֽה׃ (ס)

You shall eliminate the innocent blood from your midst, when you shall do the right in the eyes of the Lord.