Purpose of the Captive Woman Protocol/2

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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.

Marital relations before or only after the procedure? Philo, Josephus, and the Hoil Moshe maintain that the man is only allowed to have relations with the captive after the procedure has been completed.3 The phrase "וְלָקַחְתָּ לְךָ לְאִשָּׁה" in verse 11 is thus understood as a heading introducing the process described afterwards.4 This stringent view of the man's permitted actions accords with the idea that the Torah is concerned with the woman's welfare.5
"וַהֲבֵאתָהּ אֶל תּוֹךְ בֵּיתֶךָ" – This approach might suggest that the verse is emphasizing the need to bring the woman into the house, and treat her as full fledged wife rather than a captive of war.6
"וְגִלְּחָה אֶת רֹאשָׁהּ" – Josephus, the Biur, and Shadal understand the shaving of the head to be a symbol of mourning, pointing to Iyyov 1:20 and Yirmeyahu 7:29 as evidence. The Hoil Moshe, in contrast, views it as a beautifying process,7 part of the woman's preparations for her wedding. Yosef's shaving of his head before approaching Paroh might support this understanding, as it apparently served to make Yosef more, not less, presentable.
"וְעָשְׂתָה אֶת צִפָּרְנֶיהָ" – According to Philo and the Biur,8 "וְעָשְׂתָה" means to trim her nails. This understanding is supported by the parallel usage of the root "עשה" in Shemuel II 19:25.9 This action, too, is viewed by most of these exegetes a sign of mourning,10 but by the Hoil Moshe as part of the process of beautification.
Clothing of captivity
  • 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
Crying for parents – For many of these commentators, this action is what defines the entire process as one of mourning. The Hoil Moshe, though, compares this to a woman who is upset and tearful about leaving her parent's home to get married. This is consistent with his overall view that all these actions constitute pre-nuptial preparations.13
Thirty days – Josephus suggests that this is the normal time frame for mourning. Philo and the Hoil Moshe add that this amount of time should suffice to ensure that, in taking the woman, the man is motivated not by passion alone, but by true love.14
What if no one died? Those who understand the process to revolve around mourning will have difficulty explaining what purpose these actions serve in a case where the captive did not lose any relatives in battle. They might suggest that the Torah refers to the prevalent case ("דיבר הכתוב בהווה"), and that if there is no cause for mourning, these actions are not mandatory.15
"אִם לֹא חָפַצְתָּ בָּהּ" – According to the Hoil Moshe, this refers to any point after the marriage when the husband might no longer care for the woman. He is told that he may not then keep her on as a slave or sell her, as was the custom of many with regard to their captives, but must instead set her free.16
"תַּחַת אֲשֶׁר עִנִּיתָהּ" – These commentators might suggest, as does Rashbam, that this refers to the initial act of marital relations.17 The verse is teaching that once this woman was taken in marriage, she can no longer be treated as a slave who can be sold at will.18
Relations with a Gentile – These commentators might suggest that the woman converts before marriage and after the 30 day mourning/preparation period.19 Perhaps the verses do not highlight this aspect since they focus mainly on the actions which serve to alleviate the woman's distress, and not on what is necessary from the man's perspective. Alternatively, these commentators could maintain that there is no Biblical prohibition of relations with a Gentile.
Taking advantage of the captive woman? According to most of these commentators, these laws prevent unfair treatment of the woman, and instead demonstrate concern for her suffering and respect for her human dignity. In light of Ancient Near Eastern (and some modern) norms of war, the Torah stands out in its humanity.

Purifying from Idolatry

The procedure is a purification process serving to cleanse the woman from idolatry and prepare her to convert to Judaism.

Marital relations before or only after the procedure? Ramban and Chizkuni23 maintain that intercourse is prohibited until after the entire process.24 Thus, Ibn Ezra interprets the phrase "וְלָקַחְתָּ לְךָ לְאִשָּׁה" in verse 11 as an clarification of the man's future intent, rather than as an action that takes place immediately.25
"וַהֲבֵאתָהּ אֶל תּוֹךְ בֵּיתֶךָ" – Most of these commentators do not read any special significance into this ordinance, and likely view it as a simple matter of fact.26
"וְעָשְׂתָה אֶת צִפָּרְנֶיהָ" – According to most of these commentators,27 this connotes a cutting of the nails.28 Ibn Ezra, R"Y Bekhor Shor, Chizkuni, and Ibn Kaspi all understand this to be an act of purification.29
Clothing of captivity – This position is concerned less with whether the clothing was beautiful or ugly, than with the fact that it must be removed, signifying a severing of connections to the past and purification from idolatry.
Crying for parents – R. Akiva,30 Targum Yerushalmi (Yonatan), and Ramban all understand this to refer to the captive's crying over the religion of her parents which she is now rejecting.31 R. Yosef Bekhor Shor asserts, in contrast, that this mourning is not part of the actions demanded of the woman, but simply a description of what she will inevitably do after losing her parents in the war.
What if no one died? This issue might be one of the motivating factors for this approach to interpret the crying over parents as a figurative mourning over a lost religion and nation rather than literally dead parents.32
Purpose of actions and Biblical parallels
  • 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,33 and rebirth into a new person. Chizkuni compares the process to the sanctification of the Levites34 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.35 Ibn Ezra and Chizkuni compare the changing of clothing to Yaakov's identical command when purifying his family from the idolatry of Shekhem,36 and Ibn Ezra also points to the similarity of the head-shaving to the purification process undergone by one who had been contaminated by leprosy.37
  • Mourning – Ramban, instead, states that all the actions are symbols of mourning, pointing to Iyyov and Yirmeyahu as support.38 Before converting, the woman is given a chance to mourn her lost religion.
"אִם לֹא חָפַצְתָּ בָּהּ" – Ramban suggests that the Torah is teaching that if the man is no longer enamored of the woman after having relations for the first time after the protocol was completed, he can simply set her free and is not required to legally divorce her. After this point, though, she would be considered his full wife, and if the man no longer desired her, he would need to provide her with a halakhic divorce.
"תַּחַת אֲשֶׁר עִנִּיתָהּ" – According to Ramban, this refers to the initial intercourse after completing the purification process.39
Relations with a Gentile – 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.40
Taking advantage of the captive woman? According to this position, none of the actions are meant to degrade the woman.

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.

Marital relations before or only after the procedure?
  • Only after – Rashi41 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.42 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.
"וַהֲבֵאתָהּ אֶל תּוֹךְ בֵּיתֶךָ" – This command, together with the later similar directive, "וְיָשְׁבָה בְּבֵיתֶךָ", ensure that the woman will be constantly in the man's presence, which should lead the man to tire of her.43
"וְגִלְּחָה אֶת רֹאשָׁהּ" – This approach views the shaving of the hair as a disfiguring of the woman's beauty. No prooftexts are brought, but Abarbanel points to a reality in which woman take pride in growing their hair, suggesting that its being shaven would be received negatively, and not endear the captive to the man.44
"וְעָשְׂתָה אֶת צִפָּרְנֶיהָ" – Most of these commentators assert that this refers to a growing of the nails,45 and view it, too, as a mark of ugliness. In some manuscripts of the Sifre and Masekhet Semachot 7:13, a verse from Daniel is cited as evidence that such wild growth is repulsive.
Clothing of captivity – This approach assumes that Gentile women would adorn and beautify themselves in times of war so as to lure the enemy men.46 The captive, thus, is forced to remove her fancy garments so that the man will no longer be enticed by them.
Crying for parents – This action, too, is understood as a means of discouraging the man who will quickly tire of a moping, sobbing, woman.
Thirty days – Abarbanel suggests that thirty days is enough time to allow the man's passion to dissipate, and cause him to regret his initial impulsive act.47
"אִם לֹא חָפַצְתָּ בָּהּ" – According to this approach, this verse is actually the entire goal of the process, that the man will no longer desire the woman and will call off the marriage.48 Abarbanel adds that the fact that the man knows in advance that, should he not desire her, he will not be allowed to enslave or sell her, is itself a further disincentive for him to marry her.
"תַּחַת אֲשֶׁר עִנִּיתָהּ" – According to Rambam, this probably refers to the initial act of intercourse during the war itself. Abarbanel, in contrast, suggests that it might refer to the oppressive acts demanded of the woman (to shave her head etc).49 Either way, the Torah warns that due to the somewhat negative treatment of the woman, if the man no longer desires her, he can not simply enslave or sell her.
Relations with a Gentile – According to this position, the whole process is meant to discourage such relations and prevent the intermarriage.50
Taking advantage of the captive woman? This position is concerned more with the spiritual state of the Israelite man and how an inappropriate marriage might affect him, than how the captive woman is treated. Moreover, since this position understands that the woman herself was actively trying to lure the Israelite man, one might suggest that actions aimed to curb her allure simply even the playing field.