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Home -- Content: Series 7 (Laws) -- Translation: English -- Book: 1 (Tora) -- Part: 1 (Positive) -- Command: 221 -- Text
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The Sharia of Moses in the TORA
Part 1 - The 248 Positive Commandments of the Tora

221 - THE LAW OF THE CAPTIVE WOMAN


Deuteronomy 21:11 -- “And you see among the captives a beautiful woman, and desire her and would take her for your wife”

“There is a well-known saying of our sages: ‘This law concerning the marriage of a captive woman is only a concession to human weakness’.* This law contains, nevertheless, even for the nobler class of people, some moral lessons to which I will call your attention. For although the soldier may be overcome by his desire, which he is unable to suppress or restrain, he must take the object of his lust to a private place, right inside his own house (Deuteronomy 21:12), and he is not permitted to force her in the camp. Similarly, our sages say that he may not cohabit with her a second time before she leaves off her mourning, and is at ease about her troubles… Thus, the Lord is merciful to her and gives her permission to continue her mourning and weeping till she is worn out. You know certainly that he married her as a heathen, and that during the thirty days she openly keeps her religion and even continues her idolatrous practices; no interference with her faith was allowed during that time; and after all that she could not be sold, nor treated as a handmaid, if she could not be induced to accept the statutes of the Law… The Law prescribes, but you certainly shall not sell her for money; you shall not treat her brutally, because you have humbled her. (Deuteronomy 21:14)”**

* Kid. 21b
** Moreh Nebuchim III, 41

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