This sheet on Deuteronomy 21 was written by Daniel Reifman for 929 and can also be found here
For as long as there has been war, there have been soldiers falling in love with beautiful captive women, and the Israelite soldier is no exception. But before allowing the soldier to marry his captive, the Torah demands an unusual protocol: "…and she shall shave her head, and pare her nails, and remove her captive's garb, and remain in your house and mourn for her father and mother a full month, and after that you may go unto her and be her husband, and she shall be your wife".
Rashi explains that the goal of this procedure is to dissuade the soldier from acting on his desire: "The text is only addressing the yetzer ha-ra [evil inclination], for if the Holy One, blessed be He, would not permit her to him, he would marry her illegally…" Rashi even portrays the woman as a wanton temptress: her "captive's garb" is not a prisoner's rags, but rather the raiment that heathen women would wear to the battlefield to seduce the enemy. The hope is that when reduced to a pitiful mourner, the captive woman will lose her allure, thus saving the soldier from a decision he is sure to regret. Indeed, Rashi reads the passage's conclusion – "And if it comes to pass that you do not desire her…" – as a virtual prophecy: "The text is foretelling that he will come to hate her."
Yet other commentators suggest that the Torah's protocol reflects concern for the captive woman herself, who has just been violently torn from her family and homeland. For example, Abraham Ibn Ezra cites Rashi’s explanation why the woman must remove her captive's garb, but then offers a more mundane reason: "for it is soiled." Similarly, Maimonides explains that the purpose of month-long mourning period is to afford the woman a grace period to mourn her losses and come to terms with the new life that is being forced upon her (Guide to the Perplexed 3:41).
One may suggest that these commentators, too, see the Torah's protocol as addressing the soldier's evil inclination. But whereas Rashi views the evil inclination as a force from without, in the form of the beautiful seductress, for Ibn Ezra and Maimonides, the evil inclination comes from within: the temptation to treat one's captive as a sexual plaything, to be used and discarded at will. This message is reinforced by the passage's conclusion: "And if it comes to pass that you do not desire her, you shall set her free, but you shall not sell her for money – you shall not use her, since you have debased her."
In mandating sensitivity to the captive woman's emotional needs, the Torah reminds us that even in war, we must treat all with humanity and dignity.
Rashi explains that the goal of this procedure is to dissuade the soldier from acting on his desire: "The text is only addressing the yetzer ha-ra [evil inclination], for if the Holy One, blessed be He, would not permit her to him, he would marry her illegally…" Rashi even portrays the woman as a wanton temptress: her "captive's garb" is not a prisoner's rags, but rather the raiment that heathen women would wear to the battlefield to seduce the enemy. The hope is that when reduced to a pitiful mourner, the captive woman will lose her allure, thus saving the soldier from a decision he is sure to regret. Indeed, Rashi reads the passage's conclusion – "And if it comes to pass that you do not desire her…" – as a virtual prophecy: "The text is foretelling that he will come to hate her."
Yet other commentators suggest that the Torah's protocol reflects concern for the captive woman herself, who has just been violently torn from her family and homeland. For example, Abraham Ibn Ezra cites Rashi’s explanation why the woman must remove her captive's garb, but then offers a more mundane reason: "for it is soiled." Similarly, Maimonides explains that the purpose of month-long mourning period is to afford the woman a grace period to mourn her losses and come to terms with the new life that is being forced upon her (Guide to the Perplexed 3:41).
One may suggest that these commentators, too, see the Torah's protocol as addressing the soldier's evil inclination. But whereas Rashi views the evil inclination as a force from without, in the form of the beautiful seductress, for Ibn Ezra and Maimonides, the evil inclination comes from within: the temptation to treat one's captive as a sexual plaything, to be used and discarded at will. This message is reinforced by the passage's conclusion: "And if it comes to pass that you do not desire her, you shall set her free, but you shall not sell her for money – you shall not use her, since you have debased her."
In mandating sensitivity to the captive woman's emotional needs, the Torah reminds us that even in war, we must treat all with humanity and dignity.
(יב) וַהֲבֵאתָ֖הּ אֶל־תּ֣וֹךְ בֵּיתֶ֑ךָ וְגִלְּחָה֙ אֶת־רֹאשָׁ֔הּ וְעָשְׂתָ֖ה אֶת־צִפׇּרְנֶֽיהָ׃
(12) you shall bring her into your house, and she shall trim her hair, pare her nails,
Daniel Reifman teaches at the Pardes Institute of Jewish Studies and at the Institute for Advanced Torah Studies at Bar-Ilan University
929 is the number of chapters in the Tanakh, the Hebrew Bible, the formative text of the Jewish heritage. It is also the name of a cutting-edge project dedicated to creating a global Jewish conversation anchored in the Hebrew Bible. 929 English invites Jews everywhere to read and study Tanakh, one chapter a day, Sunday through Thursday together with a website with creative readings and pluralistic interpretations, including audio and video, by a wide range of writers, artists, rabbis, educators, scholars, students and more. As an outgrowth of the web-based platform, 929 English also offers classes, pop-up lectures, events and across North America. We invite you to learn along with us and be part of our dynamic community.
To join 929's listserv for new and dynamic content each week click here
To join 929's listserv for new and dynamic content each week click here
