כי תצא // אשת יפת תואר

The Sages taught: With regard to a beautiful captive, the verse states: “And sees among the captives,” teaching that this halakha applies only if he notices her when she is a captive. The expression “a woman” teaches that she is permitted even if she is a married woman. The phrase “a beautiful woman” indicates that the Torah here spoke only in response to the evil inclination, as it is due to her beauty that he desired her. And why does the Torah permit this? It is preferable for Jews to eat the meat of dying animals that were slaughtered, and let them not eat the meat of dying animals that were not slaughtered but which will become carcasses. In other words, it is preferable for this act to be performed in a somewhat permitted way rather than in a manner that is entirely prohibited. The expression: “And you have a desire for her and would take her to you as a wife” (Deuteronomy 21:11), teaches that this halakha applies even if she is not pretty, as this is a subjective judgment dependent on one’s desire. The term “for her” indicates that he may take her, but not her and another woman. A soldier is allowed to take only one captive in this manner.

“… and you see among the captives.…” (Devarim, 21:11)
The Gemara says on this (Kiddushin, 21b), “The Torah only speaks here according to the yetser hara [inclination to evil].” That the Torah permitted an outlet for the yetser hara is something that we find nowhere else (in the Torah). Yet there are times when we find that a man’s yetser hara overpowers him until he cannot move at all, and then it is clear that this state came from God, as we find with Yehuda. The Torah revealed this so that someone caught in this state would not become depressed.

(Deut. 21:10:) “When you go out to war [against your enemies, and the Lord your God gives them into your hand and you take them captive].” Our masters have taught (Avot 4:2), “[One] good deed/commandment brings about [another] good deed/commandment, and [one] transgression brings about [another] transgression.” (Deut. 21:11-12:) “And when you see among the captives a woman of pretty form [whom you desire to take for a wife. And you shall bring her into your house,] where she shall shave her head and do her nails,” so that she will not find favor in his eyes. What is written after that (in vs. 15), “When a man has two wives.” Two [wives] in [one] house [means] strife in the house. And moreover (ibid., cont.) “one loved and the other hated,” or both of them hated. What is written after that (in vs. 18)? “If one has a defiant and rebellious son.” Whenever anyone marries a “woman of pretty form,” there results from it a defiant and rebellious son. Thus we find it so in the case of David, because (as suggested by II Sam. 3:3) he had desired Maacah bat Talmai king of Geshur, while he had gone to war; so Absalom came out of him [in this union. The latter] wanted to kill him and (according to II Sam. 16:22) slept with his ten concubines before the eyes of all Israel and in broad daylight. Also because of him several myriads from Israel were killed. And he created discord in Israel, [through which] were killed Shimei ben Gera (in I Kings 2:46), Sheba ben Bichri (in II Sam. 20:22), Ahithophel (in II Sam. 17:23). And he killed Mephibosheth, and had Ziba rule over the whole house of Saul (II Sam. 16:4; cf. II Sam. 9:9). It is taught: R. Jose says, “Is it because a defiant and rebellious son ate half a pound of meat and drank half a log of undiluted wine that the Torah says for him to go out to the court and be [executed by] stoning (cf. Deut. 21:18-21)? It is simply that Torah has foreseen the end of the thinking of a defiant and rebellious son. As in the end he will squander his father's assets with wastrels with whom he eats and drinks, until he seeks what he has been accustomed to and does not find it. Then he goes out to the crossroads, where he kills people and robs them. So the Torah is saying, ‘Let him die innocent and not die guilty,’ for the death of the wicked benefits them and benefits the world.” And what is written after that (in vs. 22)? “And when someone is guilty of a crime punishable by death and is put to death.” If he is delivered from the one, he is not delivered from the other. [Hence] we have learned “[One] transgression brings about [another] transgression.” [But that one] good deed/commandment brings about [another] good deed/commandment, where is it shown (in Scripture)? Where it is stated (in Deut. 22:6-7), “When you come across a bird nest…. You must surely let [the mother] go …, in order that it may be well with you and you may lengthen your life.” What is written after that (in vs. 8)? “When you build a new house, [you shall make a parapet for your roof].]” You will merit to build a house and make a parapet. What is written after that (in vs. 9)? “You shall not sow your vineyard with two kinds of seed.” You will merit to [possess] a vineyard and to sow a field. What is written after that (in vs. 10)? “You shall not plow with an ox and an ass [together].” You will merit to [possess] oxen and asses. What is written after that (in vs. 11)? “You shall not wear interwoven stuff, [wool and flax together].” You will merit to [possess] nice clothes of wool and of linen. What is written after that (in vs. 12)? “You shall make yourselves tassels.” You shall merit the commandment of tassels. What is written after that (in vs. 13)? “When a man takes a wife.” You shsll merit to [have] a wife and children. Behold, we have learned that [one] good deed/commandment brings about [another] good deed/commandment and one] transgression brings about [another] transgression. Therefore these sections of the Torah are adjacent to one another.

“If a man has a stubborn and rebellious son …” (Devarim, 21:18)
Consider the order of these matters. First desire consumed the heart of the man to take a woman of the war captives for a wife, and surely it seemed to him that her actions were good, for we are not dealing with foolishness. Then afterwards he comes to hate her on sight, as her actions are not at all what he thought they were, and he hates her strongly and is disturbed, wondering where his initial desire to take her came from. So he consoles himself, saying, maybe a good son will be born from her. Then he sees that the son born to them is stubborn and rebellious, and they bring him to the court of law, and kill him. Then pain and mercy fill his heart over his executed son, for he was innocent, as it says in the Gemara (Sanhedrin, 72a), “He will be killed for eating over a tartemar (180 cc.) of meat and drinking over a half log (37 ml.) of wine.” He becomes increasingly disturbed from the series of events that passed over him. Therefore, the very next verse is “for he who incurred the death penalty … do not let the corpse of the hang overnight … for a hung corpse is a dishonor to God.” (Devarim, 21:23).
In this God is consoling his father’s conscience, telling him that surely there was something good in him, or else God would not be so careful as to not let him hang the body overnight. From this, it is apparent that he is not like an inanimate object, but rather, there was something good in him that required clarification. Thus, the desire of the father to take the mother was not in vain. Following after is the section dealing with returning a lost object. This shows how with God there is a fixing for everything, so that any desire and any action done among Israel would not be lost to irrecoverable exile, and everything happens with God’s involvement (hashgacha). That he took the mother was from the desire for the good in her, and his hate for his son was only for the evil in him, and his execution was not in vain for in this it becomes clear that he was innocent.