Does the fulfillment of these laws differ after Matan Torah while in desert, once Jews enter Eretz and begin conquest and once conquest is completed?
Are the Laws of Kashrut suspended until conquest completed and land distributed among tribes?
After studying Chumash one could learn that Toveling was required when Midian was defeated but not when Sichon was defeated. It seems to me that the conquest of Eretz started with Moshe as he defeated Canaanite tribes on the East side of the Jordon before Joshua invaded Eretz. If my observation is correct then the laws of Koshrut and Toveling followed by Joshua and the Tribes during their first 14 years of conquest applied to the suspension of the need to tovel utensils captured from Sichon.
1) Which laws of kashrut were suspended
2) Did this occur in any other wars fought by our Nation or was this unique to the conquest lead by Joshua.
3) When was the suspension abbrogated
4) Any other explanations by our Sages
Since preparing these questions my Magid Daf Yomim , Rabbi Rabi
referred me to Mesechta Chullin 16b3-17a3
The subject in question is discussed in detail with unresolved dispute between R. akiva and R. Yishmael.
Answers derived from Chullin....
1) Discusses this question with some qualifying disputs.
Example: indicates that all captured nonkosher booty (including bacon)permissible but not your own.
2) Not answered
3) Suspension upon onset of conquest of the Land (not clear whether this includes destruction of the 60 nations listed in sedra Devorim..Sichon &
Og) and lasted seven years.
4) Would appreciate if there are other sources to add further insights to this subject like answer to question # 2.
Please clarify and if I understood correctly what reasons are given.
Thank you so much
Mark
1) Mark, Baruch she'Kivanta to the explanation of the Ramban about the difference between Midyan and Sichon! The Ramban on Chumash (Bamidbar 31:23) writes that Sichon and Og were the Emorite kings whose lands were inherited by Yisrael. In contrast, Midyan was not the Land of Yisrael, but the reason why Yisrael made war against them was because of what they did to Yisrael with Ba'al Pe'or. Since Bnei Yisrael inherited the lands of Sichon and Og, this meant that they also received all the booty, even the non-kosher items, while the war against Midyan was a standard war, so it follows that there was no special Din concerning the Kashrus of what was captured, which was why they had to kasher the utensils they acquired.
(Note that the Ramban is consistent with his opinion in Devarim 6:10, which I cite below, that the suspension of Kashrus laws was a special Din that applied only to the conquest of Eretz Yisrael in the time of Moshe and Yehoshua.)
2) The Mishnah in Eruvin 17a states that there were 4 exemptions given for a war camp. One of these is the prohbition of "Demai"; namely, that if one obtains produce from an Am ha'Aretz and does not know whether or not he has separated Terumos u'Ma'asros, one is exempt in the wartime scenario.
3) (a) The Ramban on Chumash (Devarim 6:10) writes that the Heter of non-kosher booty lasted until all the spoils had been eaten.
(b) The Ramban also cites the Rambam in Hilchos Melachim 8:1 who says that a conquering army is allowed to eat non-kosher food if they are hungry and cannot find anything else. The Kesef Mishneh writes that Piku'ach Nefesh does not need to be involved in order for this suspension to apply.
(c) There are two differences between the position of the Rambam and that of the Ramban. According to the Rambam, it applies to any war, while according to the Ramban it applies only to the war of Yehoshua. On the other hand, according to the Ramban, in the war of Yehoshua it apples even if the soldiers are not hungry, because until they have conquered the big, good cities in Eretz Yisrael and dwell in them, there is a special Heter for the spoils.
There is a lot more to write on this topic but I will close now for the moment.
Kol Tuv,
Dovid Bloom