אשת יפת תואר

(3) The Woman of Beauty is permitted only in the hour of capture, as it says, “and you see her among the captives” (Deut. 21:11). This is applicable whether or not she is a virgin. Even if she is a married woman this Law applies since there is no concept of forbidden interpersonal relationships among the non-Jews⁷⁰Actually, since they do not have the concept of “sanctification”, the Rambam is referring to relations between Jews and non-Jews. However, as far as relations between non-Jews and non-Jews are concerned, they are considered married and the prohibition against adultery is applicable for them.. From “And you desire her” (ibid.) we learn - even if she is not pretty; from “unto her” (ibid.) we learn - and not with her friend, for you may not have relations with a second one; from “and you shall take her as a wife” (ibid.) we learn - you may not take two and have relations with one and leave the other for your father or brother. From where do we know that we do not coerce her (to have relations) during the war⁷¹Probably, “out in the open”., as it says, “and you shall bring her home” (Deut. 21:12). He must take her back to the city⁷²Lit., an open place. and only then he may have relations with her.

(5) What are the details of the Jewish Law of the Woman of Beauty? (Even) after he has had the first intercourse with her, she still remains a non-Jewess. Now, if she accepts upon herself the Wings of the Shechinoh (Holy Presence)⁷³I.e., she converts., she immediately⁷⁴And she need not grow her fingernails long nor shave her head. immerses in a Mikveh for purposes of conversion. If she does not wish to do accept this, she sits in his house for thirty days, as it says, “and she cries for her father and mother, for a month of days” (Deut. 21:13). He does not prevent her from weeping for her religion⁷⁵Which she can no longer practice.. She grows her fingernails long and shaves her head so that she will appear despicable in his eyes. She is to remain in the house with him. When he comes in, he sees her, and when he leaves, he sees her. This is done so that he will come to loathe her. He discusses matters with her in order to induce her to convert for thirty days. If she accepts and he still wants her, she converts and immerses, as do all converts.

(6) In all, she must wait three months: one month of wailing, and two months thereafter. He then may marry her with a Kesuba (marriage contract) and Kiddushin (sanctification). If he does not want her, he releases her on her own. If he sells her⁷⁶As a maidservant., he violates the Negative Commandment “and you may not sell her for money, you shall not deal with her as a slave, because you have humbled her” (Deut. 21:14). The sale is invalid and he must return the money. If he first had relations with her and then seized her for the purposes of making her a maidservant, once he uses her as such, he violates a Negative Precept, as it says, “you shall not deal with her as a slave” (Deut. 21:14), that is, he must not have her serve him.

(1) (Devarim 21:10) "If you go out to war": Scripture speaks of an optional war (as opposed to a war of mitzvah).

(2) "al your foes": against your foes.

(3) "and the L-rd your G-d delivers him into your hand": If you do as stated herein, in the end, the L-rd your G-d will deliver him into your hand.

(4) "and you capture its captivity": including Canaanites in their midst (even if they be of the seven nations).

(5) (Ibid. 11) "and you see in the captivity": at the time of the captivity.

(6) "a woman": even a married woman.

(7) "of beautiful form": This tells me only of a woman of beautiful form. Whence do I derive that the same applies to an ugly woman? From "and you desire her": even if she is not beautiful. If so, why is it written of beautiful form"? Scripture speaks of the common instance.

(8) "then you may take her for yourself as a wife": and not for his father and not for his son.

(1) A priori, the king does not go to fight other than a War of Mitzvoh (Mandatory War). What is a War of Mitzvoh? This is the war against the Seven Nations³⁰Aboriginal to Eretz Yisroel. or the war against Amalek or any war to assuage Israel of a persecutor. After this, he may fight Discretionary Wars which are those wars he conducts against the other nations in order to enlarge the borders of Israel, and increase his renown and reputation³¹So that the Gentiles will be afraid of us and won’t bother us..

(2) He does not need to obtain permission from the Court to engage in a War of Mitzvoh but he may, at any time, on his own, compel the people to go out to war. However, he requires the authorization of the Court of Seventy-One to take the people with him go out to fight a Discretionary War.

(1) Those courageous soldiers (or front-line troops) who cross the borders into non-Jewish lands, capture them and take prisoners are permitted to eat non-Kosher meats⁶⁹Lit. Neveilos and Treifos., swine and so on, if they are hungry and could not find anything to eat except for these forbidden foods. They may also drink wine offered in the service of idolatry. By Tradition we have learned that “houses filled with all good” (Deut. 6:11) means beheaded boar, and the like.

(2) Similarly, one may have sexual intercourse with a non-Jewish woman if his lust gets the better of him. But, he must not just have intercourse with her and go. Rather, he must take her home, as it says, “and when you see a Woman of Beauty among the captives” (Deut. 21:11). He may not have intercourse with her a second time until he marries her.

(12) ...And so too a king who put a tax over the inhabitants of a city, or over each and every person, a predictable thing of every year; or over a field, something predictable. Or if he decreed that everyone who passes over this thing, all his possessions will be taken to the house of the king. Or that every person who is found in the field at the time of working the threshing floor will pay a tax whether he is or not the owner of the field - and all cases similar: this is not theft, and a Jew that is collecting those for the king is not under the assumption of being a thief, and he is a "kosher" person - provided that he does not add, nor change, nor get anything for himself.