Chapter 20 in Sefer Shoftim is a direct continuation of the episode of the concubine at Givah. All of Israel gathers to clarify the terrible deed, to hear from the one who was involved, to send a hearing to the tribe of Binyamin, and ultimately to go out to a harsh and bitter civil war. The chapter raises enormous questions: how can those who go out to be zealous for Hashem's honor fall twice in battle? And what changes on the third day? We will follow the order of the pesukim in the footsteps of the Malbim and the other commentators.
וַיֵּצְאוּ כָּל בְּנֵי יִשְׂרָאֵל וַתִּקָּהֵל הָעֵדָה כְּאִישׁ אֶחָד לְמִדָּן וְעַד בְּאֵר שֶׁבַע וְאֶרֶץ הַגִּלְעָד אֶל ה' הַמִּצְפָּה. וַיִּתְיַצְּבוּ פִּנּוֹת כָּל הָעָם כֹּל שִׁבְטֵי יִשְׂרָאֵל בִּקְהַל עַם הָאֱלֹהִים אַרְבַּע מֵאוֹת אֶלֶף אִישׁ רַגְלִי שֹׁלֵף חָרֶב. - And all the children of Israel went out, and the congregation gathered as one man, from Dan to Be'er Sheva, with the land of Gilad, to Hashem at Mitzpah. And the corners of all the people, all the tribes of Israel, presented themselves in the assembly of the nation of God, four hundred thousand foot soldiers who draw the sword.
All of Israel gathers to see how to deal with the calamity and the terrible problem caused by the tribe of Binyamin. "לְמִדָּן וְעַד בְּאֵר שֶׁבַע" - the verse emphasizes Dan, to tell you that even the tribe of Dan, within whom was the idol of Michah, could not remain silent over such a terrible matter, and they all come to Hashem at Mitzpah.
"פִּנּוֹת כָּל הָעָם" - the important members of the nation. As we say "corners of the hosts, exalted ones of the Almighty," the important officers of the armies, and as in "it has become the chief cornerstone" - the corner of a tower is the important place, and as in the laying of the cornerstone, the important stone. A corner always symbolizes importance. "בִּקְהַל עַם הָאֱלֹהִים" - they gathered because they are the nation of God, and they cannot allow such an injustice to be done; they came to be zealous for Hashem's honor. "אַרְבַּע מֵאוֹת אֶלֶף אִישׁ רַגְלִי" - they did not come as horsemen, but as foot soldiers, to be zealous for Hashem and to go and fight against the perpetrator of the injustice.
וַיִּשְׁמְעוּ בְּנֵי בִנְיָמִן כִּי עָלוּ בְנֵי יִשְׂרָאֵל הַמִּצְפָּה וַיֹּאמְרוּ בְּנֵי יִשְׂרָאֵל דַּבְּרוּ אֵיכָה נִהְיְתָה הָרָעָה הַזֹּאת. - And the children of Binyamin heard that the children of Israel had gone up to Mitzpah. And the children of Israel said: Speak, how did this evil come about?
The verse describes that the children of Binyamin heard that all of Israel had gathered at Mitzpah, and they also heard that they were beginning to investigate and hear from the one directly involved the sequence of events. They hear the entire account, and do nothing. We would have expected them to remove the plague, to judge the criminals, or at least to come to the assembly in order to justify themselves. And they do not do so.
And why is there any need to return and ask "how did this come about"? After all, when each person received the pieces of the woman, it was clear that an act of injustice had been done here, and the story had been told. The Malbim says: there are several details here that could change the whole picture. If it was a matter of individual men who raped a woman, and even though she died as a result of their violation of her, this does not justify going out to a war in which all of Israel goes to kill people. It is an act of injustice, and the criminals must be judged, but one does not go to wipe out a tribe over a local criminal act. Therefore it is very important to hear the details.
It is possible that this woman had committed adultery beforehand, and consequently is not in the category of a married woman, being forbidden to her husband, and it is a matter of a woman who is not modest - and for such a one we would not go to war. It is possible that she was single at that time, as we will see toward the end of the discussion in the explanation of the Ramban, and consequently the sin is lighter. It is possible that she died from the cold. And there are commentators who say that perhaps he had a dispute with them, and he caused them distress and grieved them, and what they did was in response. In short: as severe as the deed is, the details can change everyone's approach to it. If we are going to fight over the matter, let us hear that there is truly a justified reason here.
וַיַּעַן הָאִישׁ הַלֵּוִי אִישׁ הָאִשָּׁה הַנִּרְצָחָה וַיֹּאמַר הַגִּבְעָתָה אֲשֶׁר לְבִנְיָמִן בָּאתִי אֲנִי וּפִילַגְשִׁי לָלוּן. - And the Levite man, the husband of the murdered woman, answered and said: I came to Givah of Binyamin, I and my concubine, to lodge.
"הָאִישׁ הַלֵּוִי" - a term of importance, to tell you that this was a distinguished man, as we saw earlier in the words of the Ralbag, that his father in law made great efforts to honor him because he was an important person. "אִישׁ הָאִשָּׁה הַנִּרְצָחָה" - two emphases: first, so that you should not say she was single or forbidden to him because she had been unfaithful to him, for it says "his concubine was unfaithful to him," and we already explained there that this is not meant literally. Therefore he stresses "the husband of the woman" - she was a married woman in every respect, he was fully her husband and she was permitted to him. And second, "the murdered one" - she did not die from the cold; this act was an act of murder.
From here onward he creates a deliberate connection between the deed of the Benjaminites and the deed of Sodom, and offers several parallels to sharpen the response of the people of Israel to the deed. "I came, I and my concubine, to lodge" - what is the emphasis on "to lodge"? This recalls the deed of Sodom: "Turn aside, I pray you, to your servant's house, and lodge, and wash your feet, and they said, No, but we will lodge in the street." We too came only to lodge, nothing more, and come and see what happened here.
וַיָּקֻמוּ עָלַי בַּעֲלֵי הַגִּבְעָה וַיָּסֹבּוּ עָלַי אֶת הַבַּיִת לָיְלָה אוֹתִי דִּמּוּ לַהֲרֹג וְאֶת פִּילַגְשִׁי עִנּוּ וַתָּמֹת. - And the masters of Givah rose up against me, and surrounded the house upon me by night. They intended to kill me, and my concubine they abused, and she died.
"And they rose up against me" - so that you should not think I had any prior dealings with them; suddenly they rose up against me. "The masters of Givah" - so that you should not say they were solitary individuals, but rather the notables of the city, its leading men, and in public. This point is not entirely clear, for above the Malbim explained that they were "worthless men," that is, from the margins of society and not the central figures. It may be that he wishes to magnify the wrong and therefore said "the masters of Givah"; it may be that he did not know them and thought they were the leaders of the city; and it may be that this was actually the case, only that those masters of Givah were worthless men, dreadful in their character and their nature.
"And they surrounded the house upon me by night" - this precisely recalls the deed of Sodom: "And the men of the city, the men of Sodom, surrounded the house." Except that in fact they surrounded the house, as the Malbim explained the difference there, and again we see him somewhat inflating the description in order to magnify the wrong. "They intended to kill me" - they wanted to do to me what they did to my concubine, and if my concubine died, though a woman's way is thus, a man, whose way is not thus, all the more so. And do not say "they intended - so it remained in thought, what is the outcry?", for the evil thought did not remain merely a thought: my concubine they abused and killed. They abused a married woman, and from the fact that they abused her you understand that what happened to her was meant to happen to me, and grasp the severity of the matter. And further: they took her against her will, and this is a great wrong done in public, as the Abarbanel says.
וָאֹחֵז בְּפִילַגְשִׁי וָאֲנַתְּחֶהָ וָאֲשַׁלְּחֶהָ בְּכָל שְׂדֵה נַחֲלַת יִשְׂרָאֵל כִּי עָשׂוּ זִמָּה וּנְבָלָה בְּיִשְׂרָאֵל. - And I took hold of my concubine, and cut her in pieces, and sent her throughout all the country of the inheritance of Israel, for they committed lewdness and disgrace in Israel.
The act itself is lewdness, and since it was done publicly and in a manner of defiance, it is "disgrace" - a disgrace that casts a stain upon all of Israel.
הִנֵּה כֻלְּכֶם בְּנֵי יִשְׂרָאֵל הָבוּ לָכֶם דָּבָר וְעֵצָה הֲלֹם. - Behold, all of you children of Israel, give here your word and counsel.
What is the emphasis on "all of you"? Because in those days there was no king in Israel. When there is a king, he has the power to carry out actions even not according to the rules of law and procedure; the king breaks through the fence and no one protests against him. Thus we see with King David in the deed of Bat Sheva: when Natan the prophet asks him what the judgment of the rich man is who took the poor man's lamb, he answers "the man deserves to die," and he shall repay the lamb fourfold. And where have we seen that a person is sentenced to death for theft, and without witnesses and without anything at all? Rather, in the law of the king, when the king sees a great wrong he can carry out justice as he sees fit, even if there are no proper witnesses and even if not all the rules of law are met - this is the power of a king.
And this is what he says to them: we have no king, but "behold, all of you children of Israel" - when all of Israel is here, you have power like that of a king. For why does a king have power? Because all his power is given to him by the people; and here, when the whole people is present, the power is in your hands. "Give here your word and counsel" - first "word," a ruling: what do you say about this disgraceful deed. And afterward "counsel," for after ruling the judgment one must consider in what way to carry it out.
וַיָּקָם כָּל הָעָם כְּאִישׁ אֶחָד לֵאמֹר לֹא נֵלֵךְ אִישׁ לְאָהֳלוֹ וְלֹא נָסוּר אִישׁ לְבֵיתוֹ. וְעַתָּה זֶה הַדָּבָר אֲשֶׁר נַעֲשֶׂה לַגִּבְעָה עָלֶיהָ בְּגוֹרָל. - And all the people arose as one man, saying: We will not go, any man of us, to his tent, nor will any of us turn aside to his house. And now this is the thing we will do to Givah: we will go up against it by lot.
Why the repetition? The Malbim explains: "we will not go, any man of us, to his tent" means we will not stay put there; "nor will any of us turn aside to his house" - since "turning aside" implies something temporary. Perhaps we might just slip home briefly, bring a little food, get organized and return? No, we will not do even that.
"against it by lot" - for the sake of Givah, to root out the sinners from it, we will now cast a lot. For if one prepares to go out to battle without being organized, people need to go and bring food and provisions, since the battle may drag on.
וְלָקַחְנוּ עֲשָׂרָה אֲנָשִׁים לַמֵּאָה לְכֹל שִׁבְטֵי יִשְׂרָאֵל וּמֵאָה לָאֶלֶף וְאֶלֶף לָרְבָבָה לָקַחַת צֵדָה לָעָם לַעֲשׂוֹת לְבוֹאָם לְגֶבַע בִּנְיָמִן כְּכָל הַנְּבָלָה אֲשֶׁר עָשָׂה בְּיִשְׂרָאֵל. - And we will take ten men out of every hundred throughout all the tribes of Israel, and a hundred out of a thousand, and a thousand out of ten thousand, to fetch provisions for the people, so that when they come to Geva of Binyamin they may deal with them according to all the outrage that was committed in Israel.
We will cast lots, and out of every hundred ten will go forth, and their task is to prepare provisions for the people, so that we may come to Geva of Binyamin and exact from them payment for the outrage that was committed in Israel.
וַיֵּאָסֵף כָּל אִישׁ יִשְׂרָאֵל אֶל הָעִיר כְּאִישׁ אֶחָד חֲבֵרִים. - And all the men of Israel gathered to the city as one man, united as comrades.
To which city? To Mitzpah. And why, when it has already been said that they gathered? Rather, they needed to prepare provisions and send messengers, and the whole matter takes time. The men would go and bring provisions, and they said they would not return home so that the whole effort would not fall apart. Therefore they remained here, concentrated as one man, comrades in the city, and once they brought the provisions and everything needed, they could go out to battle.
וַיִּשְׁלְחוּ שִׁבְטֵי יִשְׂרָאֵל אֲנָשִׁים בְּכָל שִׁבְטֵי בִנְיָמִן לֵאמֹר מָה הָרָעָה הַזֹּאת אֲשֶׁר נִהְיְתָה בָּכֶם. - And the tribes of Israel sent men throughout all the families of Binyamin, saying: What is this evil that has come to be among you?
There is another reason for the delay: they send messengers to Binyamin and give them a hearing. Before going out to battle and before you are held to account, we want to hear what you have to say. "throughout all the families of Binyamin" - but is Binyamin not a single tribe? The Metzudat David explains: the families of Binyamin, for a tribe is called a family, and accordingly a large family is itself also called by the name tribe.
The Malbim says: "What" here is not a question, for they had already heard what happened, but an expression of astonishment and magnitude - how great and terrible is this evil. "that has come to be among you" - since it came to be among you, it is your duty to root out the sinners, for every tribe had its own court. So act, do something to root out the sinners.
וְעַתָּה תְּנוּ אֶת הָאֲנָשִׁים בְּנֵי בְלִיַּעַל אֲשֶׁר בַּגִּבְעָה וּנְמִיתֵם וּנְבַעֲרָה רָעָה מִיִּשְׂרָאֵל וְלֹא אָבוּ בִנְיָמִן לִשְׁמֹעַ בְּקוֹל אֲחֵיהֶם בְּנֵי יִשְׂרָאֵל. - And now hand over the men, the base fellows who are in Givah, that we may put them to death and root out evil from Israel. But Binyamin would not consent to heed the voice of their brothers, the children of Israel.
"Give up the men" - and then the evil will be removed from you, for you will have purged the evil from your midst and handed over the sinners, and thus you have no part in the matter. Those who transgressed, hand them over to us. "וּנְבַעֲרָה רָעָה" - together we will all purge the evil along with you. And yet, come and see the wickedness of the sons of Binyamin: first, they do not hand over the sinners, which is the obvious thing to do; and second, they gather for war, thereby adding fuel to the fire. They do not even respond with words, but rather: you turn to us with requests? A general call to arms, and off they go to the battlefield.
Let us note: "וְלֹא אָבוּ בְּנֵי בִנְיָמִן" - the word "bnei" is read but is not written. The Minchat Shai, the master of biblical grammar, asks why here it is read but not written, and mentions that there are ten more such words in Tanach that are read but not explicitly written. And he explains: because of what they did here, they are not worthy of being called "bnei Binyamin," the sons of Binyamin. Binyamin is Binyamin the righteous son of Yaakov; you are Binyamin, but you are not the sons of Binyamin. It is as though Binyamin separated himself from them, for they are not sons of Binyamin the father, who was righteous.
And if you ask, why in all the rest of the chapter does he call them "bnei Binyamin"? On this he says that he gave them hope: if you repent, you will once again be worthy of being called sons of Binyamin. But in one place he mentioned them without "bnei," to tell them that the deed you did severs you from the bond with your father Binyamin the righteous.
וַיִּתְפָּקְדוּ בְנֵי בִנְיָמִן בַּיּוֹם הַהוּא מֵהֶעָרִים עֶשְׂרִים וְשִׁשָּׁה אֶלֶף אִישׁ שֹׁלֵף חָרֶב לְבַד מִיֹּשְׁבֵי הַגִּבְעָה הִתְפָּקְדוּ שְׁבַע מֵאוֹת אִישׁ בָּחוּר. - And the sons of Binyamin were counted on that day from the cities, twenty six thousand men who draw the sword, apart from the inhabitants of Givah who were counted, seven hundred chosen men.
The sons of Binyamin gather from the cities to Givah and prepare for battle. It is important to note the numbers, for we will need them later in the reckoning of the fallen: twenty six thousand men who draw the sword, and besides them seven hundred chosen men, that is, the select ones.
מִכֹּל הָעָם הַזֶּה שְׁבַע מֵאוֹת אִישׁ בָּחוּר אִטֵּר יַד יְמִינוֹ כָּל זֶה קֹלֵעַ בָּאֶבֶן אֶל הַשַּׂעֲרָה וְלֹא יַחֲטִא. - Out of all this people were seven hundred chosen men, restricted in the right hand, every one of whom could sling a stone at a hair and not miss.
"אִטֵּר יַד יְמִינוֹ" - "iter" is from the same root as "atum" (sealed), meaning that his right hand is sealed and, as it were, does not fully function; rather he is left handed and it is his left hand that functions. And they would sling a stone from afar at a hair's breadth and not miss. "Machati" (miss) is related to the concept of chet (sin), for chet means a deficiency. This is the source of the word "chataim" (sinners): a person who has a deficiency in the service of Hashem is a sinner. So too we find with Shlomo, that his mother says "and I and my son Shlomo will be chataim," meaning that we will lose the kingship, we will be deficient of the kingship. So chet is a deficiency, and one who misses the target has fallen short of it, has not aimed precisely at its center.
And what is unique about one restricted in the right hand? One must know that in their time their way of fighting was face to face with swords. When I face you and you know that my manner of battle is to hold the sword in the right hand, you know how to guard yourself from me. But if suddenly I draw the sword with my left hand, you are less prepared for this, and thus the chance of striking you is greater. Therefore there was an advantage in battle for left handed men.
Incidentally, this is also the reason that in England the roads are built the opposite way. With us everyone drives on the right side, and with them the opposite, one drives on the left side and the one coming toward him is on his own left side. Why? It stems from the era of the knights, who would go out in scale armor with lances and swords, always ready for battle, so that if someone came toward him he would be ready to draw his sword at once and stab him. For if the one coming toward me is on the left side, it is harder for me to attack him when I draw my sword; but if he comes toward me on my right side, he is immediately facing my sword. In any case, let us know that there is an advantage to one who is left handed, because he can surprise the warrior before him who is not prepared for it.
וְאִישׁ יִשְׂרָאֵל הִתְפָּקְדוּ לְבַד מִבִּנְיָמִן אַרְבַּע מֵאוֹת אֶלֶף אִישׁ שֹׁלֵף חָרֶב כָּל זֶה אִישׁ מִלְחָמָה. - And the men of Israel were counted, apart from Binyamin, four hundred thousand men who draw the sword, every one of them a man of war.
The men of Israel had an enormous numerical advantage: four hundred thousand men against twenty six or twenty seven thousand. There was no proportion here whatsoever.
וַיָּקֻמוּ וַיַּעֲלוּ בֵית אֵל וַיִּשְׁאֲלוּ בֵאלֹהִים וַיֹּאמְרוּ בְּנֵי יִשְׂרָאֵל מִי יַעֲלֶה לָּנוּ בַתְּחִלָּה לַמִּלְחָמָה עִם בְּנֵי בִנְיָמִן וַיֹּאמֶר ה' יְהוּדָה בַתְּחִלָּה. - They rose and went up to Beit El and inquired of God, and the children of Israel said: Who shall go up for us first to the battle with the children of Binyamin? And Hashem said: Yehuda first.
They inquire through the Urim VeTumim who shall go up first, and the answer is: Yehuda first. And then they go out to battle.
וַיֵּצְאוּ בְנֵי בִנְיָמִן מִן הַגִּבְעָה וַיַּשְׁחִיתוּ בְיִשְׂרָאֵל בַּיּוֹם הַהוּא שְׁנַיִם וְעֶשְׂרִים אֶלֶף אִישׁ אָרְצָה. - The children of Binyamin came out of Givah and struck down of Israel on that day twenty two thousand men to the ground.
Twenty two thousand men of Israel died on the first day of battle. And so that we grasp the scale: nearly all of Israel's wars from the founding of the State until today, including all the terror attacks and everything, Heaven have mercy, amount to between twenty two and twenty four thousand men. And here, in a single day, Jews are killing Jews: twenty two thousand men.
וַיַּעֲלוּ בְנֵי יִשְׂרָאֵל וַיִּבְכּוּ לִפְנֵי ה' עַד הָעֶרֶב וַיִּשְׁאֲלוּ בַה' לֵאמֹר הַאוֹסִיף לָגֶשֶׁת לַמִּלְחָמָה עִם בְּנֵי בִנְיָמִן אָחִי וַיֹּאמֶר ה' עֲלוּ אֵלָיו. - The children of Israel went up and wept before Hashem until the evening, and they inquired of Hashem, saying: Shall I again draw near to battle with the children of Binyamin my brother? And Hashem said: Go up against him.
וַיֵּצֵא בִנְיָמִן לִקְרָאתָם מִן הַגִּבְעָה בַּיּוֹם הַשֵּׁנִי וַיַּשְׁחִיתוּ בִבְנֵי יִשְׂרָאֵל עוֹד שְׁמֹנַת עָשָׂר אֶלֶף אִישׁ אָרְצָה כָּל אֵלֶּה שֹׁלְפֵי חָרֶב. - Binyamin came out against them from Givah on the second day and struck down of the children of Israel another eighteen thousand men to the ground, all these drawers of the sword.
On the second day they again inquire and receive a positive answer, and again eighteen thousand fall. We are already speaking of forty thousand slain from the people of Israel.
וַיַּעֲלוּ כָל בְּנֵי יִשְׂרָאֵל וְכָל הָעָם וַיָּבֹאוּ בֵית אֵל וַיִּבְכּוּ וַיֵּשְׁבוּ שָׁם לִפְנֵי ה' וַיָּצוּמוּ בַיּוֹם הַהוּא עַד הָעָרֶב וַיַּעֲלוּ עֹלוֹת וּשְׁלָמִים לִפְנֵי ה'. וַיִּשְׁאֲלוּ בְנֵי יִשְׂרָאֵל בַּה' וְשָׁם אֲרוֹן בְּרִית הָאֱלֹהִים בַּיָּמִים הָהֵם. וּפִינְחָס בֶּן אֶלְעָזָר בֶּן אַהֲרֹן עֹמֵד לְפָנָיו בַּיָּמִים הָהֵם לֵאמֹר הַאוֹסִף עוֹד לָצֵאת לַמִּלְחָמָה עִם בְּנֵי בִנְיָמִן אָחִי אִם אֶחְדָּל וַיֹּאמֶר ה' עֲלוּ כִּי מָחָר אֶתְּנֶנּוּ בְיָדֶךָ. - All the children of Israel and all the people went up and came to Beit El and wept, and they sat there before Hashem and fasted on that day until the evening, and they offered up burnt offerings and peace offerings before Hashem. And the children of Israel inquired of Hashem, and the Ark of the Covenant of God was there in those days. And Pinchas son of Elazar son of Aharon stood before it in those days, saying: Shall I again go out to battle with the children of Binyamin my brother, or shall I cease? And Hashem said: Go up, for tomorrow I will give him into your hand.
These matters are exceedingly puzzling, and many commentators labored to explain them, and Chazal themselves already addressed this. We see that the people of Israel went with a holy purpose, to contend and fight for the honor of Hashem that had been desecrated, over a harsh reality in which such a terrible deed was done, and where a tribe is unwilling to deal with the sinners in its midst. They go to be zealous for the honor of Hashem, and why do they fall twice in battle? Those who go to be zealous for the honor of Hashem fall by the hand of the wicked, where is the justice?
And if you say that they did not inquire of the Urim veTumim, they did inquire, and twice they were answered in the affirmative. So how is it possible that after they were told "yes" they go out and fall? This only adds to the difficulty.
The Malbim raises a further question: there are changes in wording. The second time they asked "Shall I again draw near (lageshet)," and the third time "Shall I again go out (latzet)" - what is the difference between drawing near and going out? The second time it says "the children of Israel went up and wept," and the third time "all the children of Israel and all the people went up" - what is the difference? They wept both times, and if on both days they wept the same, why was their weeping not accepted on the second day and only on the third day did the Holy One tell them they would succeed? And further: why only the third time does it say "and there the ark of the covenant of God was" and "Pinchas son of Elazar stood before it"? Was there no ark and no Pinchas the second and first times? They inquired of the Urim veTumim, and there are not two sets of Urim veTumim. True, in a plain reading we have seen such a thing in other places, but the probability is that it is the same place. So what is the difference that only at the end it mentions to me the ark of the covenant of Hashem and Pinchas?
The Malbim says in the name of Chazal: why were Yehuda and all of Israel struck down the first two times? Because there was also sin in them, and they were not clean of transgression. And the sin is as we saw in the previous chapters: the idol of Michah was in their hands, and this is a sin of the many. Chazal said, the Holy One told them: over My honor you did not protest, yet over the honor of flesh and blood you protest? What you are doing now you should have done against the tribe of Dan. The tribe of Dan maintains its idolatry, that same idol they robbed from Michah, and worships it publicly, and its smoke reaches from Gerav to Shilo, a distance of three mil, and mixes with the smoke of the altar and prevents the smoke of the altar from rising. You all should have gathered against the tribe of Dan. But over My honor you did not protest, and over what are you going to protest? Over the honor of flesh and blood, because they harmed a person. It is true that the matter is severe, but there are matters more severe than it and preceding it, and why over them did you not protest? And since this was so, the Holy One gave them an answer that ultimately caused them to fall.
Let us emphasize: it is clear that what they did was fitting, but what they demonstrated by it is that the honor of Heaven is not important to them, and what is important to them is the correction of the community's public order. Order is important to them, it is important to them that a person not harm his fellow. And this is the conduct of the nations. The seven Noahide commandments are essentially social commandments, for it matters to the nations that people behave in a social manner: do not steal, do not murder, do not commit adultery. This is required for any orderly society. But the people of Israel have commands far beyond this. And in this they show: we are like all the nations, we are not interested in the service of Hashem, let each one worship whomever he wishes; but something that harms the running of the community and the correction of public order between one person and another, over this we are in no way prepared to move on. And this shows a great severity and a very great decline of the tribes.
The Malbim says that if we examine and wish to specify further, we will see that there were three main differences between the first two times, in which they inquired and fell, and the third time in which they succeeded. The first heading: they inquired improperly.
Their question was "Who shall go up for us first to the war with the children of Binyamin," meaning: Master of the world, we are going up, about this there is no question; we only ask that You tell us who goes first. And what should they have asked? First, Master of the world, should we go up at all? Is it fitting to fight against the children of Binyamin and go kill people over such a deed that was done? This is the first question. And second, Master of the world, if I go up, will I win? It is possible that I go up and fall in battle. Will You deliver them into my hand? This they did not ask. That is, two things we already know by ourselves: that as for going up, we will go up, and that as for winning, we will win - what is the question, we are four hundred thousand and they are twenty six thousand, we will take them in a single march. This there is no need to ask, and You need not tell us; just tell us who goes first.
The Holy One says: you trust in the strength of your arm, sure that you yourselves will crush them, and you do not need heavenly assistance and instruction from Hashem? If so, I will give you an answer according to your question. "Yehuda first" - I do not promise you success, you asked who goes at the head, and Yehuda is always at the head. You asked who is first, so Yehuda is first. What you asked I answer you; whether to go out you did not ask; whether you will win you also did not ask, and I did not answer you about that. This is what today is called a "small head": I do not promise you victory, nor do I determine that what you are doing is the right thing.
The second time seems strange at first glance. If we follow the order of the verses: on the first day they went out to war and twenty two thousand fell. Afterward "the people, the men of Israel, strengthened themselves and again set the battle in array in the place where they had arrayed on the first day" - meaning we are already on the second day, in the place where they arrayed on the first day. And afterward "the children of Israel went up and wept before Hashem until the evening." So did they go to war or did they go to weep? And what did they ask? "Shall I again draw near to the war," and Hashem answered "go up against him."
The Malbim says: the difference is that on the second day too they first go and set the battle array, and the question was only whether to draw near to the war. Note that they do not ask "shall I go out" - what is going out, I am already outside. "To draw near" - to begin the battle. And if you ask, how did they go to weep before Hashem if they are already on the battlefield? The Malbim says: not all of them went. They sent the elders and the judges, they sent a group to plead on their behalf. It is not that all the people went; they themselves were in the battle, but they sent a group. And therefore note that it is not written here that all of Israel came, but rather "the children of Israel went up and wept before Hashem," and not all of them, and it is impossible that all of them went up while they are on the battlefield.
And here too, since they do not ask whether we will succeed or not succeed, but only whether to draw near, the Holy One says to them: it is permitted to you, I allow you, "go up against him," you may draw near. And on what does the matter depend? On whether they repent or do not repent, for the sin of Michah's idol was in their hands. If you repent, you will also win. But I do not promise you victory, and you are not even asking about it.
This was not the case the third time. The third time they do not go out at all: "And all the children of Israel and all the people went up and came to Beis El" - not a single man was missing. They left the battlefield, everyone went to pray, everyone went to the house of Hashem. And they do not ask "Shall I again draw near" but "Shall I again go out" - I will not go out at all until Hashem tells me to go out. This already sounds different; here you are asking the fitting question.
The second and third differences: the first time they inquired not in the fitting place and not through the fitting man. Notice that the third time they inquired in the fitting place - "And there was the Ark of the Covenant of God in those days" - and through the fitting man - "And Pinchas the son of Elazar stood before it in those days." "In those days" means now, in the place where we are standing Pinchas the son of Elazar stands, and here the Ark of the Covenant of Hashem is found. And so Chazal themselves said: they did not inquire in the fitting place nor through the fitting man, and therefore the first times they were not answered properly. That is, they inquired through the Urim and Tumim, but not through Pinchas and not beside the Ark; and the third time it was through Pinchas and beside the Ark, and therefore the answer was different.
The Malbim says: the wickedness of the children of Binyamin was not only in that they were not willing to root out the criminals and immediately gathered an army to stand against the people of Israel, but also in the manner in which they fought, for their intent was to harm the people of Israel. Regarding Israel it is written that the war was "to the Givah" - we are going to fight against the Givah, to eradicate the sinners. Regarding the children of Binyamin the goal was to destroy the people of Israel.
First, "And the children of Binyamin went out from the Givah." If you are attacked, guard the Givah - that is self defense. You attack me, and we will fight, and if people die what can I do, if one comes to kill you, rise up and kill him first, and you would have additional justification. But this was not so: "And they went out" - going out is offensive. Why do you go out from the Givah to fight the children of Israel? Stay in your place, and when they come to attack, defend yourself. The moment they go out, it is proven that they came to attack. Second, it is written "toward them," which indicates face to face. And third, the third time it is written "they were drawn away from the city" - meaning that they did not remain inside, but ran and pursued and drew away from the city in order to strike and kill. All this shows that they acted not out of a desire to defend but out of a desire to harm.
וַיָּשֶׂם יִשְׂרָאֵל אֹרְבִים אֶל הַגִּבְעָה סָבִיב. וַיַּעֲלוּ בְנֵי יִשְׂרָאֵל אֶל בְּנֵי בִנְיָמִן בַּיּוֹם הַשְּׁלִישִׁי וַיַּעַרְכוּ אֶל הַגִּבְעָה כְּפַעַם בְּפָעַם. - And Israel set ambushers around the Givah. And the children of Israel went up against the children of Binyamin on the third day, and set themselves in array against the Givah as at other times.
וַיֹּאמְרוּ בְּנֵי בִנְיָמִן נִגָּפִים הֵם לְפָנֵינוּ כְּבָרִאשֹׁנָה וּבְנֵי יִשְׂרָאֵל אָמְרוּ נָנוּסָה וּנְתַקְּנוּהוּ מִן הָעִיר אֶל הַמְסִלּוֹת. - And the children of Binyamin said, They are struck down before us as at the first. But the children of Israel said, Let us flee, and draw them away from the city to the highways.
That is: let us flee, and by this we will draw them away from the city to the highways.
וְכֹל אִישׁ יִשְׂרָאֵל קָמוּ מִמְּקוֹמוֹ וַיַּעַרְכוּ בְּבַעַל תָּמָר וְאֹרֵב יִשְׂרָאֵל מֵגִיחַ מִמְּקֹמוֹ מִמַּעֲרֵה גָבַע. - And all the men of Israel rose up out of their place and set themselves in array at Baal Tamar, and the ambushers of Israel came forth out of their place, out of the meadow of Geva.
The Malbim says: there were here two groups of ambushers that Israel set, apart from the third group which was the place of the battle itself. And why is it first said "And the children of Israel went up" and afterward "And all the men of Israel rose up out of their place"? Because at first they began to fight against them a little, and in the midst of things all the men of Israel rose up, which is the camp in its entirety, "and set themselves in array at Baal Tamar" - and this still refers to the army itself, which was on the northern side. The main body of the war was on the northern side of the Givah.
And in the midst of this "and the ambushers of Israel came forth out of their place, out of the meadow of Geva." This is the first of the two ambushers, and it was to their right, on the western side. And where was it? The Malbim explains "meadow" according to its plain meaning, an actual cave: the ambusher hid in a cave, and now they come upon the children of Binyamin from two directions - one from the north and the ambusher from the west. Rashi, on the other hand, explains "out of the meadow of Geva" from the language of nakedness, that is from the vulnerable place, the place from which one sees the nakedness of the land, the place from which the land is easy to conquer. And according to this "out of the meadow of Geva" means from the place from which it is easy to conquer the Givah.
וַיָּבֹאוּ מִנֶּגֶד לַגִּבְעָה עֲשֶׂרֶת אֲלָפִים אִישׁ בָּחוּר מִכָּל יִשְׂרָאֵל וְהַמִּלְחָמָה כָּבֵדָה וְהֵם לֹא יָדְעוּ כִּי נֹגַעַת עֲלֵיהֶם הָרָעָה. וַיִּגֹּף ה' אֶת בִּנְיָמִן לִפְנֵי יִשְׂרָאֵל וַיַּשְׁחִיתוּ בְנֵי יִשְׂרָאֵל בְּבִנְיָמִן בַּיּוֹם הַהוּא עֶשְׂרִים וַחֲמִשָּׁה אֶלֶף וּמֵאָה אִישׁ כָּל אֵלֶּה שֹׁלֵף חָרֶב. - And there came against Givah ten thousand chosen men out of all Israel, and the battle was heavy, and they did not know that disaster was upon them. And Hashem struck Binyamin before Israel, and the children of Israel destroyed of Binyamin on that day twenty five thousand one hundred men, all these drawing the sword.
"And there came against Givah" - this is the ambush that came out from the cave of Geva, from the west side, and now Binyamin is surrounded on two sides. The battle is heavy upon them and they are still not aware of it. Here the verse already arrives at the concluding point, that on that day twenty five thousand one hundred men were killed from among them, without detailing how the thing was actually done. It concluded the battle, and from here on it turns to the details and describes for us exactly how it was.
וַיִּרְאוּ בְנֵי בִנְיָמִן כִּי נִגָּפוּ וַיִּתְּנוּ אִישׁ יִשְׂרָאֵל מָקוֹם לְבִנְיָמִן כִּי בָטְחוּ אֶל הָאֹרֵב אֲשֶׁר שָׂמוּ אֶל הַגִּבְעָה. - And the children of Binyamin saw that they were struck, and the men of Israel gave ground to Binyamin, for they trusted in the ambush which they had set against Givah.
As soon as the ambush came out from the cave of Geva on the west side, the children of Binyamin understand that they were struck and want to return to the city. And when Israel see the situation, they understand that the story might end here and the entire plan would go to waste, because for the plan to succeed they must flee. Therefore they again begin to retreat backward, with the aim of encouraging the children of Binyamin not to fall into fear and not to say "these are from the north and these from the west, they will surround us and we will be trapped," but rather: here we are fleeing, chase after us. For the true goal is to seize the cities of Binyamin.
And why did they do so? "For they trusted in the ambush which they had set against Givah" - there was another ambush in the south. The ambush in the west came to attack Binyamin from an additional direction, so that Binyamin has a front to the north and an ambush from the west. But the ambush in the south was to wait until Israel who were in the north would make themselves as fleeing and cut Binyamin off from the city, and then it would go into action: it would enter the city, burn it, set it ablaze and capture it, since all the men had already gone out to fight Israel on the northern side. And when Israel would see the fire rising from the city, they would know that the story of the children of Binyamin was over, and then they would turn upon them. In this situation Binyamin is closed in: Israel from the north are returning to it, the burners of the city from the south are coming against it, and to the west it cannot flee because of the ambush from the cave of Geva - caught from three sides.
וְהָאֹרֵב הֵחִישׁוּ וַיִּפְשְׁטוּ אֶל הַגִּבְעָה וַיִּמְשֹׁךְ הָאֹרֵב וַיַּךְ אֶת כָּל הָעִיר לְפִי חָרֶב. וְהַמּוֹעֵד הָיָה לְאִישׁ יִשְׂרָאֵל עִם הָאֹרֵב הֶרֶב לְהַעֲלוֹתָם מַשְׂאַת הֶעָשָׁן מִן הָעִיר. - And the ambush hurried and rushed upon Givah, and the ambush drew out and struck all the city by the edge of the sword. And the appointed sign for the men of Israel with the ambush was that they should make a great cloud of smoke rise up from the city.
When the ambush sees that those in the north, where the main battle is, are fleeing, it hastens its steps and rushes upon Givah, that is, upon the cities. "And the ambush drew out" - Rashi explains that it drew out with the shofar, for the shofar blast was meant to encourage the people and to set the action in motion. And some explain that this is not a drawing out with the shofar, as in "when the yovel is drawn out," but rather the drawing out of the people by the force of the shofar. The question is upon whom the drawing out refers, but the principle is one.
"And the appointed sign for the men of Israel with the ambush" - there was an agreement between those conducting the battle and the ambush, that when they would see the smoke from the city grow great and abundant, they would know that the story was over, that their cities had already been burned and Binyamin had nothing left to do. Only that the matter was delayed a bit: the ambush that entered the city and burned it, the thing was not done immediately and took more time than they had thought. And according to this the Malbim explains "and the ambush drew out" in another way: the time was drawn out, it took time until it succeeded in striking the entire city. And the appointed time was that when they would see the smoke, then they would act; therefore they wait.
וַיַּהֲפֹךְ אִישׁ יִשְׂרָאֵל בַּמִּלְחָמָה וּבִנְיָמִן הֵחֵל לְהַכּוֹת חֲלָלִים בְּאִישׁ יִשְׂרָאֵל כִּשְׁלֹשִׁים אִישׁ כִּי אָמְרוּ אַךְ נִגּוֹף נִגָּף הוּא לְפָנֵינוּ כַּמִּלְחָמָה הָרִאשֹׁנָה. וְהַמַּשְׂאֵת הֵחֵלָּה לַעֲלוֹת מִן הָעִיר עַמּוּד עָשָׁן וַיִּפֶן בִּנְיָמִן אַחֲרָיו וְהִנֵּה עָלָה כְלִיל הָעִיר הַשָּׁמָיְמָה. - And the men of Israel turned in the battle, and Binyamin began to strike down slain among the men of Israel, about thirty men, for they said, surely they are struck before us as in the first battle. And the signal cloud began to rise up from the city, a pillar of smoke, and Binyamin turned behind him, and behold, the whole of the city went up to the heavens.
And just as in the plan: the signal, that is, the smoke, rises up from the city, a pillar of smoke. Binyamin looks behind him and understands that the story is over, he sees all his cities going up in fire, and understands two things: that his cities have gone up in fire, and that the men of Israel have turned their faces upon him.
וְאִישׁ יִשְׂרָאֵל הָפַךְ וַיִּבָּהֵל אִישׁ בִּנְיָמִן כִּי רָאָה כִּי נָגְעָה עָלָיו הָרָעָה. וַיִּפְנוּ לִפְנֵי אִישׁ יִשְׂרָאֵל אֶל דֶּרֶךְ הַמִּדְבָּר וְהַמִּלְחָמָה הִדְבִּיקָתְהוּ וַאֲשֶׁר מֵהֶעָרִים מַשְׁחִיתִים אוֹתוֹ בְּתוֹכוֹ. - And the men of Israel turned, and the men of Binyamin were terrified, for they saw that disaster had come upon them. And they turned before the men of Israel toward the way of the wilderness, but the battle overtook them, and those from the cities were destroying them in their midst.
It emerges, then: from the north the men of Israel who turned around, from the south the ambush that burned the city and now comes out against them, and from the west the ambush that came from the cave of Geva - three sides. What remained? The only route was the way east, and therefore "they turned before the men of Israel toward the way of the wilderness," which is the way east. But "the battle overtook him," and "those from the cities were destroying him in their midst" - during their flight, men come out from the cities on the eastern side and enter among them and strike them.
כִּתְּרוּ אֶת בִּנְיָמִן הִרְדִיפֻהוּ מְנוּחָה הִדְרִיכֻהוּ עַד נֹכַח הַגִּבְעָה מִמִּזְרַח שָׁמֶשׁ. - They surrounded Binyamin, they made him flee, they trod him down at his resting place, as far as opposite the Givah, toward the sunrise.
"Kitru" - some explain it as being like a crown (keter), for a crown is not closed at its end but open, so that it will be held a little by pressure on the head and fit any head. And the Rambam already said that when besieging a city one does not besiege from all four directions but leaves one direction, for when they besiege from all four directions the inhabitants understand that they have nothing to lose, and they will fight to the death and to their last drop of blood; one must leave them one side through which they can flee. So too here: they surrounded Binyamin and left him the eastern side.
But the Malbim explains the verse as a description of the entire sequence of events. At first "they surrounded Binyamin" - like a crown, when the first ambush came out and he was surrounded from two directions, the army from the north and the ambush from the west. Afterward "hirdifuhu," and it does not say "redafuhu," for this is a verb in the causative form: they caused him to pursue. The moment Israel began to flee, they made Binyamin pursue, they caused him to begin chasing after them. "Menuchah hidrichuhu" - afterward, when they burned his cities, he has no rest, for he sees his cities burned. And then they struck him "as far as opposite the Givah, toward the sunrise," for they began to pursue him toward the east, where he fled to the side of the wilderness.
וַיִּפְּלוּ מִבִּנְיָמִן שְׁמֹנָה עָשָׂר אֶלֶף אִישׁ אֶת כָּל אֵלֶּה אַנְשֵׁי חָיִל. וַיִּפְנוּ וַיָּנֻסוּ הַמִּדְבָּרָה אֶל סֶלַע הָרִמּוֹן וַיְעֹלְלֻהוּ בַּמְסִלּוֹת חֲמֵשֶׁת אֲלָפִים אִישׁ וַיַּדְבִּיקוּ אַחֲרָיו עַד גִּדְעֹם וַיַּכּוּ מִמֶּנּוּ אַלְפַּיִם אִישׁ. - There fell of Binyamin eighteen thousand men, all these men of valor. And they turned and fled toward the wilderness to the rock of Rimmon, and they gleaned of them on the highways five thousand men, and they pursued hard after him as far as Gidom, and struck of him two thousand men.
Now it describes for you the sequence of events: at first eighteen thousand; afterward they flee toward the wilderness to the rock of Rimmon, and on the highways, that is, on the road, they strike another five thousand of him; and at the place where they stopped, Gidom, they strike another two thousand of him. In all we have reached twenty five thousand men, plus the hundred we saw in verse 35. Here the round number is stated, while above, in the summary, it says twenty five thousand and one hundred men.
וַיְהִי כָל הַנֹּפְלִים מִבִּנְיָמִן עֶשְׂרִים וַחֲמִשָּׁה אֶלֶף אִישׁ שֹׁלֵף חֶרֶב בַּיּוֹם הַהוּא אֶת כָּל אֵלֶּה אַנְשֵׁי חָיִל. וַיִּפְנוּ וַיָּנֻסוּ הַמִּדְבָּרָה אֶל סֶלַע הָרִמּוֹן שֵׁשׁ מֵאוֹת אִישׁ וַיֵּשְׁבוּ בְּסֶלַע רִמּוֹן אַרְבָּעָה חֳדָשִׁים. - And all who fell of Binyamin were twenty five thousand men who drew the sword on that day, all these men of valor. And they turned and fled toward the wilderness to the rock of Rimmon, six hundred men, and they dwelt at the rock of Rimmon four months.
Of the sons of Binyamin only six hundred men remained, men alone, and they flee toward the wilderness and dwell in a place called the rock of Rimmon, and all the rest died.
וְאִישׁ יִשְׂרָאֵל שָׁבוּ אֶל בְּנֵי בִנְיָמִן וַיַּכּוּם לְפִי חֶרֶב מֵעִיר מְתֹם עַד בְּהֵמָה עַד כָּל הַנִּמְצָא גַּם כָּל הֶעָרִים הַנִּמְצָאוֹת שִׁלְּחוּ בָאֵשׁ. - And the men of Israel returned to the sons of Binyamin and struck them with the edge of the sword, from the men of the city to the animal, to all that was found; also all the cities that were found they set on fire.
Now, when only six hundred men of Binyamin remained, and they are the men, while the women remained in the cities, the men of Israel return to their cities and in effect strike the entire tribe of Binyamin. "Me'ir metom" - "metom" are people, and it includes men and women, like "metei mispar" (few in number) and like "metei ir" (men of the city), with a sheva and not a tzeire, which means people. So "me'ir metom" means from the people of the city, "to the animal, to all that was found," and also all the cities that were found they set on fire. And through this there remained of Binyamin only six hundred men alone.
The commentators note a difficulty in the arithmetic: they went out to war twenty six thousand seven hundred. And when we count the slain, twenty five thousand and one hundred, plus the six hundred who remained, we reach twenty five thousand seven hundred. A thousand men are missing. There are several explanations for this. Some say they fell in the earlier battles, for it cannot be that the sons of Binyamin struck forty thousand of Israel and not one of them died. Were they so righteous? "For the sword devours one as well as another." It must be that in the two earlier battles too, in which Israel fell before Binyamin, some of the sons of Binyamin also died, a thousand men among them. Another explanation: that they were killed in the caves in the days afterward, for they fled from them and six hundred hid, and apparently not all of them managed to hide, and they killed a thousand men among them there.
But there is a very interesting point that the Abarbanel brings from a Midrash: that those thousand who disappeared went off to the land of Romania. And this strengthens the accepted view that the Jews of Ashkenaz descend from Binyamin and from Yehudah. For the tribes that remained are Yehudah and Binyamin, while all the other ten tribes were exiled and did not return, and whether they are destined to return is a matter of dispute. But in any case, what we have today is Binyamin, Yehudah, and the tribe of Levi, who are the Kohanim and Levi'im among us. And we have a tradition that among the eastern communities, the Sephardim, they are of Yehudah, while in the Ashkenazic communities more of the descendants of Binyamin were concentrated. And here we see an echo of this, that already back then a thousand of Binyamin went to Romania; whereas when we speak of the Jews of Ashkenaz, we are speaking of a later exile, for most were exiled to the eastern lands, to Bavel, and from Bavel they later went to the lands of Ashkenaz. And we see that there was already an earlier exile in the lands of Ashkenaz.
We do not have the Ramban's commentary on Nach, but the Ramban, when he deals with the matter of the men of Sedom, finds an opportunity to elaborate also on our episode, for the matter resembles what happened in Sedom. And it is worth reading his words, for they shed light and even repeat somewhat some of the points we saw in the commentary of the Malbim and the other commentators. These are his words in Bereishis chapter 19, verse 8.
The leaders of all the people from all the tribes of Israel wanted to make a great safeguard in this matter, to bring to justice the offenders who did the terrible deed to the concubine, as it says, "Now hand over the wicked men who are in Giveah, that we may put them to death." And it is clear that they were not liable to death under Torah law, for they did nothing except afflict the harlot concubine, and they did not intend to kill her. They did not set out to murder her, nor did she die by their hands, for "they sent her away from them as dawn was breaking," and she went from them to her master's house, and afterward she died. Perhaps she was weakened from the many violations, and grew cold at the doorway until morning, and died there. If so, how could they go to kill over something that carries no liability of death, since they were not even murderers?
Rather, because they desired and declared to do a vile thing like the men of Sedom, the tribes saw fit to make a fence for the Torah, so that such a thing should not be done or spoken of in Israel, as they said, "let us root out the evil from Israel." And the war here is more in the category of a safeguard. And this law is from what our Sages, of blessed memory, said, that we have a principle that a court administers lashes and punishments not prescribed by the Torah, not in order to transgress the words of the Torah but in order to make a fence for the Torah. As the Gemara brings, that once there was a man who rode on a donkey on Shabbos, and they brought him to the court and put him to death. Is that the law? Rather, sometimes, when one needs to make a fence for the Torah, this is what is done.
And the tribe of Binyamin did not agree to this, and seemingly justice was with them, for the men were not liable to death for afflicting the concubine. And perhaps, says the Ramban, Binyamin was also upset that the others did not first send to them: You have a problem, there are men among us who are not upright? They should have sent and informed us. Instead they made an agreement without their knowledge, went and gathered an army and concentrated all together, without first saying: there is a problem, turn to us, our court will safeguard our own, for the tribe is commanded to judge its own tribe.
And in summary the Ramban says: both parties deserve to be punished, for Binyamin acts wickedly in that it is not concerned to chastise the evildoers and does not fence them in at all. And how precious are the words of our Sages, of blessed memory, that the anger was over the idol of Michah, that the Holy One, blessed be He, said: over My honor you did not protest, and over the honor of flesh and blood you protested? That is to say, over My honor you did not protest against those liable to death, who stretch out their hands against the fundamental principle and make themselves a graven image, and over the honor of flesh and blood you protested beyond the measure of the law. And all of this thwarted the counsel of both parties and hardened their hearts, and they did not remember the covenant of brothers. But after the deed they regretted it, as we shall see in the next chapter.
The chapter opens with an uplifting assembly: all of Israel as one man, the leaders of the people, in the congregation of the people of God, to zealously avenge the honor of Hashem over a vile thing done in Israel. But precisely here the fracture is revealed: they asked improperly, out of confidence in the strength of their own arm, and not in the proper place and not through the proper person, and above all - "over My honor you did not protest, and over the honor of flesh and blood you protested." The idol of Michah remained in its place, and the zeal was aroused only over the repair of the settlement and not over the honor of Heaven. Therefore they fell twice, and forty thousand of Israel died, and only on the third day, when all the people went up, wept, fasted and offered sacrifices, and asked the true question, "Shall I again go out," beside the Ark of the covenant of Hashem and through Pinchas, did the victory come. And against this stood the wickedness of Binyamin, who did not root out the sinners, went out to attack and not to defend, and were pursued until only six hundred men remained. Both parties deserve to be punished, and as the Ramban says, they did not remember the covenant of brothers; and only after the deed did they regret it.