Difference between revisions of "Purpose of the Captive Woman Protocol/2"
(Original Author: Neima Novetsky) |
(Original Author: Neima Novetsky) |
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<multilink><a href="KaspiDevarim21-12" data-aht="source">R. Yosef ibn Kaspi</a><a href="KaspiDevarim21-12" data-aht="source">Devarim 21:12-14</a><a href="R. Yosef ibn Kaspi" data-aht="parshan">About R. Yosef ibn Kaspi</a></multilink> | <multilink><a href="KaspiDevarim21-12" data-aht="source">R. Yosef ibn Kaspi</a><a href="KaspiDevarim21-12" data-aht="source">Devarim 21:12-14</a><a href="R. Yosef ibn Kaspi" data-aht="parshan">About R. Yosef ibn Kaspi</a></multilink> | ||
</mekorot> | </mekorot> | ||
− | <point><b>Marital relations before or only after the procedure?</b> Ramban and Chizkuni | + | <point><b>Marital relations before or only after the procedure?</b> Ramban and Chizkuni<fn>Following R. Yochanan in the <multilink><a href="YerushalmiMakkot2-6" data-aht="source">Yerushalmi</a><a href="YerushalmiMakkot2-6" data-aht="source">Makkot 2:6</a><a href="Yerushalmi" data-aht="parshan">About the Yerushalmi</a></multilink>.</fn> maintain that intercourse is prohibited until after the entire process.<fn>As this position stresses the need for the woman to purify herself before marriage is allowed, it makes sense that any earlier intercourse is prohibited.</fn> As above, the phrase "וְלָקַחְתָּ לְךָ לְאִשָּׁה" is read as a heading. </point> |
<point><b>"וַהֲבֵאתָהּ אֶל תּוֹךְ בֵּיתֶךָ"</b> – Most of these commentators do not read any special significance into this ordinance, and likely view it as a simple matter of fact.<fn>Ramban, though, relates this to the woman's mourning, suggesting that like a mourning widow, she is brought to and must stay in the house. His comments refer to the phrase, "וְיָשְׁבָה בְּבֵיתֶךָ" but could applied to these words as well. Later he adds that being around the man constantly during her month of mourning will allow the captive to gradually get used to him and reconcile herself to her new situation. Cf. the almost opposite approach brought below, that the continuous presence of the woman in the house will lead the man to become disgusted by her.</fn></point> | <point><b>"וַהֲבֵאתָהּ אֶל תּוֹךְ בֵּיתֶךָ"</b> – Most of these commentators do not read any special significance into this ordinance, and likely view it as a simple matter of fact.<fn>Ramban, though, relates this to the woman's mourning, suggesting that like a mourning widow, she is brought to and must stay in the house. His comments refer to the phrase, "וְיָשְׁבָה בְּבֵיתֶךָ" but could applied to these words as well. Later he adds that being around the man constantly during her month of mourning will allow the captive to gradually get used to him and reconcile herself to her new situation. Cf. the almost opposite approach brought below, that the continuous presence of the woman in the house will lead the man to become disgusted by her.</fn></point> | ||
<point><b>"וְעָשְׂתָה אֶת צִפָּרְנֶיהָ"</b> – According to most of these commentators,<fn>R. Akiva is the lone exception. Megillat HaMikdash does not define the word, but see V. Noam, "Traces of Sectarian Halakha in the Rabbinic World," Orion Symposium 8 (2006): 67-85, who suggests that the scroll's unique spelling ("ועשיתה"), which has the man (rather than the woman) "doing the nails", must refer to an act of fixing. Were it to mean growing the nails, the man would not be playing a role.</fn> this connotes a cutting of the nails.<fn>These commentators are following the position of R. Eliezer in the <multilink><a href="SifreDevarim212" data-aht="source">Sifre</a><a href="SifreDevarim212" data-aht="source">Devarim 212</a><a href="Sifre" data-aht="parshan">About Sifre</a></multilink>. As above, see the prooftext brought by the Sifre from the usage of the root "עשה" in <a href="ShemuelII19-25" data-aht="source">Shemuel II 19:25</a>.</fn> R"Y Bekhor Shor, Chizkuni, and Ibn Kaspi all understand this to be an act of purification.<fn>Ramban, though, suggests that it is part of the mourning process. This is consistent with his position delineated in the notes above.</fn></point> | <point><b>"וְעָשְׂתָה אֶת צִפָּרְנֶיהָ"</b> – According to most of these commentators,<fn>R. Akiva is the lone exception. Megillat HaMikdash does not define the word, but see V. Noam, "Traces of Sectarian Halakha in the Rabbinic World," Orion Symposium 8 (2006): 67-85, who suggests that the scroll's unique spelling ("ועשיתה"), which has the man (rather than the woman) "doing the nails", must refer to an act of fixing. Were it to mean growing the nails, the man would not be playing a role.</fn> this connotes a cutting of the nails.<fn>These commentators are following the position of R. Eliezer in the <multilink><a href="SifreDevarim212" data-aht="source">Sifre</a><a href="SifreDevarim212" data-aht="source">Devarim 212</a><a href="Sifre" data-aht="parshan">About Sifre</a></multilink>. As above, see the prooftext brought by the Sifre from the usage of the root "עשה" in <a href="ShemuelII19-25" data-aht="source">Shemuel II 19:25</a>.</fn> R"Y Bekhor Shor, Chizkuni, and Ibn Kaspi all understand this to be an act of purification.<fn>Ramban, though, suggests that it is part of the mourning process. This is consistent with his position delineated in the notes above.</fn></point> | ||
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<point><b>"תַּחַת אֲשֶׁר עִנִּיתָהּ"</b> – According to Ramban, this refers to the initial intercourse after completing the purification process.</point> | <point><b>"תַּחַת אֲשֶׁר עִנִּיתָהּ"</b> – According to Ramban, this refers to the initial intercourse after completing the purification process.</point> | ||
<point><b>Relations with a gentile</b> – According to this approach, the whole process is meant to purify the woman from idolatry so that she can convert before the man has intercourse with her.</point> | <point><b>Relations with a gentile</b> – According to this approach, the whole process is meant to purify the woman from idolatry so that she can convert before the man has intercourse with her.</point> | ||
− | <point><b>Taking advantage of the captive woman?</b> According to this position, none of the actions | + | <point><b>Taking advantage of the captive woman?</b> According to this position, none of the actions are meant to degrade the woman.</point> |
</category> | </category> | ||
<category name="">Discouraging the Marriage | <category name="">Discouraging the Marriage | ||
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<point><b>Marital relations before or only after the procedure?</b> | <point><b>Marital relations before or only after the procedure?</b> | ||
<ul> | <ul> | ||
− | <li><b>Only after</b> – Rashi<fn>See | + | <li><b>Only after</b> – Rashi<fn>See Rashi's comments on Kiddushin 22a. Rashi is following the opinion of R. Yochanan in <multilink><a href="YerushalmiMakkot2-6" data-aht="source">Yerushalmi Makkot</a><a href="YerushalmiMakkot2-6" data-aht="source">2:6</a><a href="Yerushalmi" data-aht="parshan">About the Yerushalmi</a></multilink>.</fn> suggests that no intercourse is allowed until after the procedure is completed. Since the whole point of the process is to deter the man from marriage, nothing is allowed until the protocol has been followed, with the hopes that by that point, his passion will have dissipated.</li> |
− | <li><b>Beforehand</b> – Rambam and Abarbanel, in contrast, allow a one time sexual act during the war itself.<fn>Rambam asserts that this act too is limited and must take place in the privacy of the man's home.</fn> They assume that | + | <li><b>Beforehand</b> – Rambam and Abarbanel, in contrast, allow a one time sexual act during the war itself.<fn>They follow the opinion of Rav in <multilink><a href="YerushalmiMakkot2-6" data-aht="source">Yerushalmi Makkot</a><a href="YerushalmiMakkot2-6" data-aht="source">2:6</a><a href="Yerushalmi" data-aht="parshan">About the Yerushalmi</a></multilink> and Rav and Shemuel in <multilink><a href="BavliKiddushin21b" data-aht="source">Bavli Kiddushin 21b</a><a href="BavliKiddushin21b" data-aht="source">Kiddushin 21b</a><a href="Talmud Bavli" data-aht="parshan">About the Bavli</a></multilink>. Rambam asserts that this act, too, is limited and must take place in the privacy of the man's home.</fn> They assume that prohibiting a man from realizing his desires will be ineffective, and will merely cause him to do as he pleases without any limitations whatsoever. Thus, as a concession to man's natural inclinations, a one time act is allowed, with the hope that the remainder of the procedure will convince him to not do so again.</li> |
</ul> | </ul> | ||
</point> | </point> |
Version as of 04:02, 5 September 2014
Purpose of the Captive Woman Protocol
Exegetical Approaches
Overview
In attempting to understand the protocol applied in the case of the captive woman, commentators grapple with both the moral issue of how to treat captives and the theological/halakhic issue of what needs to transpire before a heathen can wed an Israelite. For both Hellenistic Jewish commentators like Philo and modern Italian commentators such as the Hoil Moshe, the moral issue predominates. They therefore attempt to demonstrate how the Torah is attuned to the emotional needs of the woman. In contrast, the Sifre and most medieval commentators in its wake appear to be motivated more by halakhic concerns. Thus, R. Akiva focuses on how the procedure prepares the woman to abandon idolatry and become part of the Israelite nation, while others view the actions as an attempt to make the woman appear ugly in the eyes of her potential husband, thereby possibly preventing the intermarriage entirely.
Caring for the Captive
The Torah's commandments reflect a sensitivity to the needs of the captive woman, allowing her to mourn her lost former life and/or to be treated with dignity as a full-fledged wife.
- Rags – According to the Hoil Moshe and Shadal, women wore ugly clothing or sackcloth in times of battle.11 The captive, thus, removes these rags after moving into the man's home, where she is to be treated as a wife and not as a servant.
- Attractive garb – The Biur, instead, posits that women would beautify themselves during war hoping to attract the enemy. Cf. Izevel who puts on make-up and does her hair when seeing the enemy approach. Thus, afterwards, the captive woman changes into more appropriate mourning garments.12
Purifying from Idolatry
The procedure is a purification process serving to cleanse the woman from idolatry and prepare her to convert to Judaism.
- Status change – Chizkuni and Ibn Kaspi suggest that the common denominator between all the actions is that they require a removal of something and thus represent a cutting away of the past,32 and rebirth into a new person. Chizkuni compares the process to the sanctification of the Levites33 who also shave their hair and wash their clothing as they move from the "profane" to the "holy."
- Purification – Alternatively these actions are not merely symbolic, but actually part of the legal process of purification.34 Chizkuni compares the changing of clothing to Yaakov's identical command when purifying his family from the idolatry of Shekhem,35 and Ibn Ezra points to the similarity of the head-shaving to the purification process undergone by one who had been contaminated by leprosy.36
- Mourning – Ramban, instead, states that all the actions are symbols of mourning, pointing to Iyyov and Yirmeyahu as support.37 Before converting, the woman is given a chance to mourn her lost religion.
Discouraging the Marriage
The protocol is meant to display the woman in the worst possible light so that the man will lose all desire for her and decide not to marry her.
- Only after – Rashi38 suggests that no intercourse is allowed until after the procedure is completed. Since the whole point of the process is to deter the man from marriage, nothing is allowed until the protocol has been followed, with the hopes that by that point, his passion will have dissipated.
- Beforehand – Rambam and Abarbanel, in contrast, allow a one time sexual act during the war itself.39 They assume that prohibiting a man from realizing his desires will be ineffective, and will merely cause him to do as he pleases without any limitations whatsoever. Thus, as a concession to man's natural inclinations, a one time act is allowed, with the hope that the remainder of the procedure will convince him to not do so again.