Spiritual and Ethical Issues in the Historical Books of Tanach; JOSHUA, JUDGES, SAMUEL, KINGS (Nevi’im Rishonim)
by Dr. Meir Tamari

The Treaty with the Giveonites - Kiddush Hashem
(Yehoshua 9)

Politics in general and international diplomacy in particular, are considered by all to be devoid of ethics and morality. A nation is supposed to have only interests that have to be protected and furthered, so that only economics, physical security and spheres of influence matter. Throughout history, diplomacy has simply been viewed as a form of military or trade warfare. At times it has also been seen as a method for achieving and furthering an ideology whether it be religion, communism, fascism, or capitalism. This case of Israel's first experience of diplomacy, presents an opportunity, therefore, to show a Jewish perspective on this matter. This is especially important, since the State of Israel represents a radically new experience in this regard.

For all the years of the Galut, we reacted to political, economic and social issues that others initiated, while under constraints of danger to our very survival and often to our physical existence. This perverted the intrinsic and independent Jewish approach, since it was either infiltrated by non-Jewish ideologies or by considerations of how to evade the machinations of an enemy. We either had stadlanim or Jews of the political left or right or else witnessed divisions like that concerning how Yaakov behaved when meeting Eisav. The Ramban faulting him for humbling and negating himself while Rabbi Yehuda Hanasi modeled himself on Yaakov and wrote to Marcus Aurelius, Emperor of Rome, as an a obedient servant. The independent State of Israel is challenged to rectify this.

When the rulers of Canaan heard of Israel's capture of Jericho and Ai, they realized that this meant that they were bent on conquest and settlement, not on plunder or spoil. So they formed a coalition to be better able to do battle together against Israel. However, the people of Giveon, [known today by the Arab name of G'ib, close to modern Atarot and lying close to Ai, at the Eastern end of Emek Ayalon and North of Jerusalem] decided to try their own method of defeating the Israelites. They were going to try, through diplomacy, to make peace and thus save themselves.

Joshua, in accordance with the halakha, had sent messages to all the nations in Canaan saying that those who wished to leave could do so, those who wished to do battle could do so, and those who wished to make peace could do so under condition that they undertook to observe the Seven Noachide laws and to serve as bondsmen to the Jews (Rambam, Hilkhot Melachim 6:1).

The people of Giveon thought that they could get Joshua to make a treaty with them and thereby they could escape both the religious laws and bondage, since a treaty would not include those conditions. They knew that G-d had specifically enjoined Israel from making treaties with the inhabitants of Canaan, so they adopted a subterfuge. They sent ambassadors, dressed in old clothes, bearing the remnants of food and drink in old vessels and changed their appearances in order to create the impression of having come a long distance, and not being of the inhabitants of Canaan.

Examined by Joshua and Israel, they protested any suggestion that they were of the Seven Canaanite nations, insisting that they had come from afar, not because they were afraid of Israel, but only because they had heard of the great acts of Hashem. They even went to the extent of referring only to what happened to the Egyptians and to Sichon and Og, without making any mention of the crossing of the Jordan nor of the battles against Jericho and Ai, which being very recent history could not have been known to a nation coming from afar. It is interesting to note that our Sages learnt from the use of the phrase, 'also in subterfuge' - gam hem be'ormah - in the case of Giveon, a connection with the actions of the sons of Jacob against the people of Shechem. Just as they had used ormah in getting the Shechemites to circumcise them- selves so that they could kill them, so the Giveonites planned to trick Israel into letting them remain idolaters and free men, despite the Divine commandment.

As to the question why their subterfuge was accepted, the rabbis saw the answer in the fact that the people did not ask G-d what they should do. This should have been an integral part of their political decision and should be so in all generations. They had the Urim v’Tumim, whereas future generations do not, however, there were halakhic and ideological- religious patterns that could provide some guidelines. Even non-Canaanite nations seeking to live amongst the tribe's of Israel could do so only if they rejected idolatry and accepted the Seven Noachide laws as well as some sort of unequal status, so that a covenant that did not require these should have been unacceptable.

Abarbanel sees a reference to the self-interest of politicians when he comments on verse, "and they took the gifts the people of Giveon brought", that this refers to the acceptance of this bribe by the princes of Israel that caused them to convince the people to make the treaty. All too many times in history have the representatives of nations adopted a pattern of diplomacy that was influenced and colored by their own personal self-interest.

It only took three days for Joshua and the people to discover that the nation with whom they had concluded a treaty were actually neighbors of theirs.
The people of Israel clamored for their destruction. After all, they had not only falsely caused Israel to disregard the word of G-d not to spare any of the Canaanite nations, but they had also established a Trojan horse of enemies within the territory of Israel which, therefore constituted an ever-present danger. The princes had, while accepting both of these arguments, a far more powerful one, a purely spiritual and moral one. The question of breaking an oath, of swearing by G-d’s Name and then not fulfilling what one has sworn to do, was at issue here. It was irrelevant that the fact that they had been lied to was the cause of breaking their promise. Nobody would know how the Giveonites had obtained this promise and of the deception they had practiced. It was irrelevant that national interests demanded such behavior. It was sufficient that the nations surrounding them would have heard that Israel had taken an oath not to harm the Giveonites and yet despite this had slaughtered them. Israel had sworn an oath in the name of G-d, therefore, they would be desecrating His Name if they broke their oath. It was only this consideration that led the people not to pursue a policy that was logical and politically and militarily correct, a policy that should have determined Israel’s diplomacy yet had to give way to a greater concept that of sanctifying G-d’s Name.

We can see the roots of this concept in Leviticus (5:2-7). Not fulfilling a contract or not honoring one’s obligation is presented as a crime against God. Rabbi Akiva taught that in every transaction (individual or national, economic or political), G-d is always a witness and therefore not to fulfill the obligations involved irrespective of the cost, was a denial of G-d (Torat Kohanim). After all, sanctifying the name of G-d is a positive mitzva, obligatory on all Jewish men and women, at all times and irrespective of where they dwell.

To drive home this concept for the generations to come, a change in law was made. Halakhically, if a nation submitted to Israel, made peace and accepted the seven Noachide laws they were to serve as bonded or indentured servants to the ordinary people of Israel. However, the Giveonites had caused, through subterfuge, Israel to take a false oath in the name of G-d thereby involving them in a possible desecration of His Name. Therefore, this was not acceptable. Rather, the Giveonites were to be hewers of wood and drawers of water in the Tabernacle, and later in the Temple, where He had chosen to place His Name.

This is the second installment in a new series on Tanach and its messages for our times by Dr. Meir Tamari. Reader feedback on this column would be appreciated.

[The Parshat R'ei Homepage]
[The TORAH tidbits Homepage] [How to use TORAH tidbits]
[About The OU/NCSY Israel Center] [About TORAH tidbits]
 [www.ou.org]