We have here the treaty between Jephthah, now judge of Israel, and the king of the Ammonites (who is not named), that the controversy between the two nations might, if possible, be accommodated without the effusion of blood.
I. Jephthah, as one having authority, sent to the king of Ammon, who in this war was the aggressor, to demand his reasons for invading the land of Israel: “Why hast thou come to fight against me in my land? Jdg. 11:12. Had I come first into thy land to disturb thee in thy possession, this would have been reason enough for fighting against me, for how must force be repelled but by force? but what hast thou to do to come thus in a hostile manner into my land?” so he calls it, in the name both of God and Israel. Now this fair demand shows, 1. That Jephthah did not delight in war, though he was a mighty man of valour, but was willing to prevent it by a peaceable accommodation. If he could by reason persuade the invaders to retire, he would not compel them to do it by the sword. War should be the last remedy, not to be used till all other methods of ending matters in variance have been tried in vain, ratio ultima regum—the last resource of kings. This rule should be observed in going to law. The sword of justice, as well as the sword of war, must not be appealed to till the contending parties have first endeavoured by gentler means to understand one another, and to accommodate matters in variance, 1 Cor. 6:1. 2. That Jephthah did delight inequity, and designed no other than to do justice. If the children of Ammon could convince him that Israel had done them wrong, he was ready to restore the rights of the Ammonites. If not, it was plain by their invasion that they did Israel wrong, and he was ready to maintain the rights of the Israelites. A sense of justice should guide and govern us in all our undertakings.
II. The king of the Ammonites now gives in his demand, which he should have published before he had invaded Israel, Jdg. 11:13. His pretence is, “Israel took away my lands long since; now therefore restore those lands.” We have reason to think the Ammonites, when they made this descent upon Israel, meant no other than to spoil and plunder the country, and enrich themselves with the prey, as they had done formerly under Eglon (Jdg. 3:13) when no such demand as this was made, though the matter was then fresh; but when Jephthah demanded the cause of their quarrel, and they could not for shame own what was their true intent and meaning, some old musty records were searched, or some ancient traditions enquired into, and from them this reason was drawn to serve the present turn, for a colourable pretence of equity in the invasion. Even those that do the greatest wrong yet have such a conviction in their consciences of justice that they would seem to do right. Restore those lands. See upon what uncertain terms we hold our worldly possessions; what we think we have the surest hold of may be challenged from us, and wrested out of our hands. Those that have got to the heavenly Canaan need not fear having their titles questioned.
III. Jephthah gives in a very full and satisfactory answer to this demand, showing it to be altogether unjust and unreasonable, and that the Ammonites had no title to this country that lay between the rivers Arnon and Jabbok, now in the possession of the tribes of Reuben and Gad. As one very well versed in the history of his country, he shows,
1. That Israel never took any land away either from the Moabites or Ammonites. He puts them together because they were brethren, the children of Lot, near neighbours, and of united interests, having the same god, Chemosh, and perhaps sometimes the same king. The lands in question Israel took away, not from the Moabites or Ammonites (they had particular orders from God not to meddle with them nor any thing they had, Deut. 2:9, 19, and religiously observed their orders), but they found them in the possession of Sihon king of the Amorites, and out of his hand they took them justly and honourably, as he will show afterwards. If the Amorites, before Israel came into that country, had taken these lands from the Moabites or Ammonites, as it should seem they had (Num. 21:26; Josh. 13:25), Israel was not concerned to enquire into that or answer for it. If the Ammonites had lost these lands and their title to them, the children of Israel were under no obligation to recover the possession for them. Their business was to conquer for themselves, not for other people. This is his first plea, “Not guilty of the trespass.”
2. That they were so far from invading the property of any other nations than the devoted posterity of cursed Canaan (one of the branches of which the Amorites were, Gen. 10:16) that they would not so much as force a passage through the country either of the Edomites, the seed of Esau, or of the Moabites, the seed of Lot; but even after a very tedious march through the wilderness, with which they were sadly tired (Jdg. 11:16), when the king of Edom first, and afterwards the king of Moab, denied them the courtesy of a way through their country (Jdg. 11:17), rather than give them any offence or annoyance, weary as they were, they put themselves to the further fatigue of compassing both the land of Edom and that of Moab, and came not within the border of either, Jdg. 11:18. Note, Those that behave themselves inoffensively may take the comfort of it, and plead it against those that charge them with injustice and wrong doing. Our righteousness will answer for us in time to come (Gen. 30:33) and will put to silence the ignorance of foolish men, 1 Pet. 2:15.
3. That in that war in which they took this land out of the hands of Sihon king of the Amorites he was the aggressor, and not they, Jdg. 11:19, 20. They sent a humble petition to him for leave to go through his land, willing to give him any security for their good behaviour in their march. “Let us pass (say they) unto our place, that is, to the land of Canaan, which is the only place we call ours, and to which we are pressing forward, not designing a settlement here.” But Sihon not only denied them this courtesy, as Edom and Moab had done (had he only done so, who knows but Israel might have gone about some other way?) but he mustered all his forces, and fought against Israel (Jdg. 11:20), not only shut them out of his own land, but would have cut them off from the face of the earth (Num. 21:23, 24), aimed at nothing less than their ruin, Jdg. 11:20. Israel therefore, in their war with him, stood in their own just and necessary defence, and therefore, having routed his army, might justly, 74c1 in further revenge of the injury, seize his country as forfeited. Thus Israel came to the possession of this country, and doubted not to make good their title to it; and it is very unreasonable for the Ammonites to question their title, for the Amorites were the inhabitants of that country, and it was purely their land and their coasts that the Israelites then made themselves masters of, Jdg. 11:21, 22.
4. He pleads a grant from the crown, and claims under that, Jdg. 11:23, 24. It was not Israel (they were fatigued with their long march, and were not fit for action so soon), but it was the Lord God of Israel, who is King of nations, whose the earth is and the fulness thereof, he it was that dispossessed the Amorites and planted Israel in their room. God gave them the land by an express and particular conveyance, such as vested the title in them, which they might make good against all the world. Deut. 2:24; I have given into thy hand Sihon and his land; he gave it to them, by giving them a complete victory over the present occupants, notwithstanding the great disadvantages they were under. “Can you think that God gave it to us in such an extraordinary manner with design that we should return it to the Moabites or Ammonites again? No, we put a higher value upon God’s favours than to part with them so easily.” To corroborate this plea, he urges an argument ad hominem—directed to the man: Wilt not thou possess that which Chemosh thy god giveth thee? He not only appeals to the common resolutions of men to hold their own against all the world, but to the common religion of the nations, which, they thought, obliged them to make much of that which their gods gave them. Not that Jephthah thought Chemosh a god, only he is thy god, and the worshippers even of those dunghill deities that could do neither good nor evil yet thought themselves beholden to them for all they had (Hos. 2:12; These are my rewards which my lovers have given me; and see Jdg. 16:24) and made this a reason why they would hold it fast, that their gods gave it to them. “This thou thinkest a good title, and shall not we?” The Ammonites had dispossessed those that dwelt in their land before them; they thought they did it by the help of Chemosh their god, but really it was Jehovah the God of Israel that did it for them, as is expressly said, Deut. 2:19, 20. “Now,” says Jephthah, “we have as good a title to our country as you have to yours.” Note, One instance of the honour and respect we owe to God, as our God, is rightly to possess that which he gives us to possess, receive it from him, use it for him, keep it for his sake, and part with it when he calls for it. He has given it to us to possess, not to enjoy. He himself only must be enjoyed.
5. He pleads prescription. (1.) Their title had not been disputed when they first entered upon it, Jdg. 11:25. “Balak who was then king of Moab, from whom the greatest part of these lands had been taken by the Amorites, and who was most concerned and best able to oppose us, if he had had any thing to object against our settlement there, yet sat still, and never offered to strive against Israel.” He knew that for his own part he had fairly lost it to the Amorites and was not able to recover it, and could not but acknowledge that Israel had fairly won it of the Amorites, and therefore all his care was to secure what was left: he never pretended a title to what was lost. See Num. 22:2, 3. “He then acquiesced in God’s way of disposing of kingdoms, and wilt not thou now?” (2.) Their possession had never yet been disturbed, Jdg. 11:26. He pleads that they had kept this country as their own now about 300 years, and the Ammonites in all that time had never attempted to take it from them, no, not when they had it in their power to oppress them, Jdg. 3:13, 14. So that, supposing their title had not been clear at the first (which yet he had proved it was), yet, no claim having been made for so many generations, the entry of the children of Ammon, without doubt, was barred for ever. A title so long unquestioned shall be presumed unquestionable.
6. By these arguments Jephthah justifies himself and his own cause (“I have not sinned against thee in taking or keeping what I have no right to; if I had, I would instantly make restitution” ), and condemns the Ammonites: “Thou doest me wrong to war against me, and must expect to speed accordingly,” Jdg. 11:27. It seems to me an evidence that the children of Israel, in the days of their prosperity and power (for some such days they had in the times of the judges) had conducted themselves very inoffensively to all their neighbours and had not been vexatious or oppressing to them (either by way of reprisal or under colour of propagating their religion), that the king of the Ammonites, when he would seek an occasion of quarrelling with them, was forced to look 300 years back for a pretence. It becomes the people of God thus to be blameless and harmless, and without rebuke.
7. For the deciding of the controversy, he puts himself upon God and his sword, and the king of Ammon joins issue with him (Jdg. 11:27, 28): The Lord the Judge be judge this day. With this solemn reference of the matter to the Judge of heaven and earth he designs either to deter the Ammonites from proceeding and oblige them to retire, when they saw the right of the cause was against them, or to justify himself in subduing them if they should go on. Note, War is an appeal to heaven, to God the Judge of all, to whom the issues of it belong. If doubtful rights be disputed, he is hereby requested to determine them. If manifest rights be invaded or denied, he is hereby applied to for the vindicating of what is just and the punishing of wrong. As the sword of justice was made for lawless and disobedient persons (1 Tim. 1:9), so was the sword of war made for lawless and disobedient princes and nations. In war therefore the eye must be ever up to God, and it must always be thought a dangerous thing to desire or expect that God should patronise unrighteousness.
Neither Jephthah’s apology, nor his appeal, wrought upon the king of the children of Ammon; they had found the sweets of the spoil of Israel, in the eighteen years wherein they had oppressed them (Jdg. 10:8), and hoped now to make themselves masters of the tree with the fruit of which they had so often enriched themselves. He hearkened not to the words of Jephthah, his heart being hardened to his destruction.