We find 2 different concepts vy civush eretz yisrael.
One is melchamas mitzvah versus a milchamas reshoos. And the other is civusg rabim versus civush yachid. What exactly are these 2 concepts and what the difference between them? Are theey 2 ways of saying the same thing? Can you have a case where a war is a milchamas mitzvas but also a civush reshoos are a melchamas reshoos and also a civush rabim?
Thank you for your response
A K
The concept of Milchemes Reshus refers to the goal of the war. If the goal of the war was economic (creating more land outside the present borders in order to provide food and space to live), this is a Milchemes Reshus. However, it takes place with all of Israel as well as with the authorization of a Navi, Sanhedrin, and the Urim v'Tumim (see Berachos 3b). Therefore, whatever land is conquered has the Kedushah of Eretz Yisrael for purposes of Ma'aser, etc.
However, Kivush Yachid (according to Rashi in Gitin 8b) refers to a king who conquers lands outside Eretz Yisrael when he is doing it for himself (and not for the purpose of the nation) or without the backing of all of the people of Israel. Thus, when David ha'Melech conquered Syria, he did not get the authorization required for such an operation and did it for his own reasons and without the backing of the people, and this is why it has a different category for Ma'aser. Had he gained authorization or directed the war with all of the people of Israel behind him, it would have been a Kivush Rabim but would still have been a Milchemes Reshus.
Tosfos (Gitin 8b) says that Kivush Yachid is conquering land outside Israel before the lands given to the tribes have been conguered. This, too, is not a Milchemes Reshus but a war without the proper justification, and therefore the land does not become sanctified.
A Milchemes Mitzvah is a war against the seven nations who occupied the land of Israel, as well as a war against Amalek and a war to save Israel from its enemies "who are attacking it." This would refer only to a war instigated by the enemies and not to a war in enemy territory instigated by the Jewish nation to expand its borders.
Yoel Domb
Thank you so much for your response. So what would be the nafkei minah of a war being a milchamoas mitzvah versus a milchamas reshoos. (Whats the nafkei minah after the war or during the war, I know a milchamas mitzvah doesn't need a sanhederin while a milchamas reshoos does.) Are there any nafkei minas from a milchamas mitzvah/reshoos for kedushas eretz ysrael/teruma and masser or are these things only connected to cibush rabim/reshoos?
Also can you theoretically have a milchamas mitzah that is also a cibush yachid or is that a intrinsic steerah?
One more questions, what would be the status of a preemptive war that is fought to defend Eretz Yisrael and attacking the emenmy even though the enemy is not at this moment attacking eretz Yisrael?
Thanks for all your help
A Milchemes Reshus has all the rules of "return" -- a person who built a new home, planted a new vineyard, or was newly betrothed returns from the battle, as well as those who are afraid. However, a Milchemes Mitzvah does not have these leniencies. Moreover, the law of Yefas To'ar pertains only in a Milchemes Reshus. Similarly, leniencies regarding eating non-kosher meat during war pertain only to this kind of war. Moreover, Milchemes Reshus does not exempt a person from other Mitzvos, whereas Milchemes Mitzvah would exempt him while he is fighting.
Milchemes Reshus has no bearing on the laws of Ma'aser. These are determined by Kibush Rabim, as you said, meaning that when the Jewish nation conquer lands within the promised regions, these become sanctified, but when they do not sanctify the lands and merely conquer to expand living room, the land does not become obligated in Ma'aser. The reason is apparent in the names: "Milchamah" is a war albeit for living room, but it is not a "Kibush"; it does not necessarily mean conquering and settling but rather a war for economic gains.
A Milchemes Mitzvah would not be a Kibush Yachid, according to both Rashi and Tosfos, since it is without justification from the Torah for such exploits. The Torah's Milchemes Mitzvah is not for expansion but rather to fight against the seven nations who occupy Eretz Yisrael (and if they leave on their own, there is no need to fight them outside the borders) and a war of survival.
A preemptive war against enemies intent on attacking Eretz Yisrael, like the Peace for Galilee operation in 1982, for example, is considered a Milchemes Mitzvah (see, for example, Rabbi Yehudah Gershuni in Torah she'Ba'al Peh 25, Rabbi Pardes in Toreh she'Ba'al Peh 30; see opposing view in Techumin 7:335, but it is a minority opinion).
Yoel Domb
Thank you for your response
I had just a few more questions
1. Is a milchamos mitzvah to conquer eretz Yisrael or to destroy the 7 nations (nafkei minah bizman haezh). I thought the loshon of the Rambam(Hilchos milachim) sounded like its only against the 7 nations, but that would be strange because the Rambam brings it as a halachah.
2. Also I saw that the Rambam says you would need a melech midas rov yisrael. What does this mean midass rov yisrael? Whats the geder? (I am assuming they didn't have elections every few months to elect a melech like we do in Israel nowadays)
3. Also would rov yisrael mean rov Jews in the world (including chutz laaretz) or Rov Jews in eretz yisrael?
4. I saw in the mikoros vi'tziunim on the Rambam (hilchos milachim perek 5 halacha 1) it seems to say there that a war to prevent the from attacking is not a milchamas mitzvah (it's also brought in the sefer mafteiach on the Ramabm there in the Franklin Rambam). Are these opinions you cited arguing on this opinion or did I misunderstand this opinion?
Thanks again for all your help