cThe Aguna and the Sacrifice of Jephtah's Daughter

(1) Jephthah the Gileadite was an able warrior, who was the son of a prostitute. Jephthah’s father was Gilead; (2) but Gilead also had sons by his wife, and when the wife’s sons grew up, they drove Jephtah out. They said to him, “You shall have no share in our father’s property, for you are the son of an outsider.” (3) So Jephthah fled from his brothers and settled in the Tob country. Men of low character gathered about Jephthah and went out raiding with him. (4) Sometime later, the Ammonites went to war against Israel. (5) And when the Ammonites attacked Israel, the elders of Gilead went to bring Jephthah back from the Tob country. (6) They said to Jephthah, “Come be our chief so that we can fight the Ammonites.” (7) Jephthah replied to the elders of Gilead, “You are the very people who rejected me and drove me out of my father’s house. How can you come to me now when you are in trouble?” (8) The elders of Gilead said to Jephthah, “Honestly, we have now turned back to you. If you come with us and fight the Ammonites, you shall be our commander over all the inhabitants of Gilead.” (9) Jephthah said to the elders of Gilead, “[Very well,] if you bring me back to fight the Ammonites and the LORD delivers them to me, I am to be your commander.” (10) And the elders of Gilead answered Jepthah, “The LORD Himself shall be witness between us: we will do just as you have said.”... (30) And Jephthah made the following vow to the LORD: “If you deliver the Ammonites into my hands, (31) then whatever comes out of the door of my house to meet me on my safe return from the Ammonites shall be the LORD’s and shall be offered by me as a burnt offering.” (32) Jephthah crossed over to the Ammonites and attacked them, and the LORD delivered them into his hands. (33) He utterly routed them—from Aroer as far as Minnith, twenty towns—all the way to Abel-cheramim. So the Ammonites submitted to the Israelites.

(34) When Jephthah arrived at his home in Mizpah, there was his daughter coming out to meet him, with timbrel and dance! She was an only child; he had no other son or daughter.

(35) On seeing her, he rent his clothes and said, “Alas, daughter! You have brought me low; you have become my troubler! For I have uttered a vow to the LORD and I cannot retract.”

(36) “Father,” she said, “you have uttered a vow to the LORD; do to me as you have vowed, seeing that the LORD has vindicated you against your enemies, the Ammonites.”

(37) She further said to her father, “Let this be done for me: let me be for two months, and I will go with my companions and lament upon the hills and there bewail my maidenhood.”

(38) “Go,” he replied. He let her go for two months, and she and her companions went and bewailed her maidenhood upon the hills.

(39) After two months’ time, she returned to her father, and he did to her as he had vowed. She had never known a man. So it became a custom in Israel

(40) for the maidens of Israel to go every year, for four days in the year, and chant dirges for the daughter of Jephthah the Gileadite.

..Rabbi Shmuel bar Naḥmani said that Rabbi Yonatan said: Three people entreated God in an unreasonable manner, i.e., in situations where their requests might have received an unfavorable answer. To two of them God responded reasonably, with a favorable response to their requests, and to one God responded unreasonably, i.e., unfavorably, in a manner befitting the unreasonable request. And they are: Eliezer, servant of Abraham; Saul, son of Kish; and Jephthah the Gileadite......

By contrast, there is the case of Jephthah the Gileadite. Upon leaving for battle he issued a statement, as it is written: “Then it shall be that whatever comes forth from the doors of my house to meet me when I return in peace…it shall be to the Lord and I will bring it up for a burnt-offering” (Judges 11:31). This might even have been an impure, non-kosher animal, which he had committed himself to sacrifice. In this instance, God responded to him unreasonably, and his daughter happened to come to him.

Regarding the incident of Jephthah, the Gemara remarks: And this is what the prophet said to the Jewish people: “Is there no balm in Gilead? Is there no physician there (referring to Pinc? Why then has the health of the daughter of my people not recovered?” (Jeremiah 8:22). This verse alludes to the fact that had he sought a means to do so, Jephthah could have had his vow annulled.

See Source 5 below

Behold, I stand hereby the spring of the water ...(Ber. 24:12-13).(Eliezer's vow regarding a wife for Isaac)

Four entreated God in an unreasonable manner, and to one God responded in an unreasonable manner..Jephtach (Jud. 11:31): ...“. This might even have been an ass or a dog or a cat, that he committed himself to bring as a burnt offering. In this instance, God responded to him unreasonably, and his daughter happened to come to him...

R. Yohanan and Reish Lakish disagree-R. Johanan argued – he was liable for her monetary consecration (he owed the amount of her value to the mikdash: - Hekdesh Damim). Resh Lakish said: He was not even liable for her monetary consecration. For we learned: If one declared of an unclean animal or an animal, with a blemish: “Behold, let these be burnt offerings’ his declaration is completely null and void. If he declared”Behold, let these be for a burnt offering” they must be sold, and he brings a burnt offering for their money.

Yet was not Pinchas there to absolve him of his vow? !

Pinchas, however, said – he needs me am I to go to him! I am high priest- son of a high priest, shall I go to an ignoramus?

While Yiftah said: Am I, Chief of Israel’s leaders, to go to Pinchas! Between the two of them the maiden perished.

They were both punished on account of their sin in not freeing this young maiden by anulling the vow (lit. for spilling her blood). Jephtach was punished with a disease that caused his limbs to fall off one at a time wherever he walked and the limb was buried there. As stated (Jud. 12:7)And Jephtach died and was buried in the cities (plural) of Gilead, It does not state in the City (singular) of Gilead.

Pinchas, the divine spirit ('Ruach Hakodesh') was taken away from him, as is stated (Chron. I, 9:20) .....

(22) Is there no balm in Gilead? Can no physician be found? Why has healing not yet Come to my poor people (lit. daughter of my people)?

(23) Oh, that my head was water, My eyes a fount of tears! Then would I weep day and night For the slain of my poor people.

But the Sages say: they are given a petach on other grounds [an opening to find a heter], in order that they should not [learn to] act lightly with vows.