I've already answered your argument before. In Chapter 6, the Rambam does talk about tribute to a King, but that is not necessary for a Milchemet Mitzvah and Milchemet Rishoot since the Rambam defines what these wars are in Chapter 5 and he does not say they require a King, he merely says the definition of a MM and MR are that one is a war against the 7 nations and the other is not. He never says they require a King. Also the Rambam specifically singles out a war with Amalek as something you must have a King first. according to you this problematic since is redundant. The Rambam mentions tribute and other things applying to a King since this is Hilchot Melachim and the Rambam is going to apply every concept mentioned in this Chapter to Kings whether it is required to have a King or not. He also talks about Kings having wives and concubines in these Chapters. So are you going to tell me that since the Rambam talks about wives and concubines in the Chapter of Kings that from this we derive only Kings can have wives and concubines? Not necessarily so. And when he talks about giving honor to a King, does that mean a Torah Scholar doesn't require honor since the Rambam mentions honor by a King? Your "proof" is not a proof at all
what it does mean is that there is no basis IN THOSE CHAPTERS OF TEXT for a milchemet mitzva/reshut without a King.
I am also not negating things the Rambam says, just reading him correctly; you are just reading him very superficially since you want him to say your view on something and ignoring the outright contradictions such a view holds. Your view has many contradictions in the Rambam's own words and in the Torah itself. This will become apparent when you read different Chapters of the Rambam that repeat things mentioned in this Chapter, this time without mentioning Kings, and when you read the Torah. And that commentary you have printed does not give a half satisfactory answer to these questions. It only answers how Joshua could be considered a King since that was before we entered Israel. But anyone after him until Shaul wasn't a King. And if you say they were, then a further question is that the Rambam said that a female can not be considered King, then how could Devorah the Prophetess be considered a King and wage a Milchemet Rishoot? So either way there is no answer you can give and the Rambam must be saying like me.
questions are being posed here about biblical characters who allegedly, while not appointed King by a prophet and sanhedrin, waged a milchemet mitzva/reshut..I would have to analyse this.. I only have further questions on that..
Based on a maimonidean I know, saying that halacha develops, and he often says references to bible text are just "muhleetzah", hooks of some sort. Were the wars they waged really considered milchemet mitzva and milchemet reshut, or just similar..
Was halacha in that area further developed between then and the gemara. (the rambam based his codification on the gemara. His work is a summary of the gemara)
(note- interestingly most charedim have biblical characters following halacha to the letter! I saw an article in the jewish tribune where avraham is obeying the laws of cheshen mishpat to the letter when purchasing the cave)
RAMBAM does not mention these characters that judea mentioned. So any perceived inconsistency is not within RAMBAM. But between RAMBAM and the Nach.
You admit yourself that the plain meaning of the RAMBAM seems inconsistent in the same way, and has these questions. It is you who is speculating, trying to resolve the issues in outrageous ways, and drawing outrageous conclusions.
A demonstration of how outrageous the conclusions are..
Is you want to remove the King, the tribute, e.t.c.
Why not remove the fact that this takes place on a large scale..
As I said
How about if A THUG. 1 THUG. provokes you, and you beat the hell out of him. Is that a milchemet mitzva?
You claim that by demanding that a King is required for these halachot, I am saying halacha does not apply in all times. Not true. We have many halachot that work on implications. When A happens, B happens. i.e. when a temple exists, we do this. Similarly here.
And as mentioned.
The fact that the RAMBAM refers to these in the title of the work is KING`S WARS. And there are only 2 types of war, and the only people he talks of waging them are kings (and (king?) Joshua who rambam says in 1:3 was appointed by a prophet and a sanhedrin, as a King is!). We cannot use this text as a basis for non kings waging wars.
That is not to say that we cannot wage war now.. I would hope that we can. But it is to say that this text is not a basis for that. Jewish life being in danger may be a basis..
You misread my question before.. about the thug. Not many thugs. 1 lone thug.