Debarim (Deuteronomy) 21:10-25:19
This week’s parashah is titled “Ki Teṣé” (“When you go out”), and it refers to going out to battle. In this parashah, special emphasis is placed on the ethics that must be observed during war. When analyzing the battle strategies of various civilizations and empires, we find that they were often brutal. For this reason, it is necessary to establish ethics of war to exemplify morality and civic responsibility.
One subject in this parashah that many do not understand is the law of the captive woman. It is important to recognize that the nations are obligated to keep the Seven Laws of Noah. Before going to battle, the people of Israel were commanded to first offer “shalom,” meaning that the opposing nation would agree to keep that covenant. If they refused, they were liable to death, and only then would the war begin—for the Eternal, blessed be He, had already given them many opportunities to repent.
This passage also helps us understand human nature. The psychologist Sigmund Freud stated that human beings direct all their efforts toward sexual satisfaction. The Sages of Israel likewise taught that man marries, works, and has children because of his innate desire. When we analyze the laws of the Yefat To’ar (literally “beautiful woman,” referring to the captive of war), we see that Freud’s observation is not foreign to divine wisdom. The Oral Torah explains that if a soldier in battle sees a non-Israelite woman and desires to be with her, he may do so only once, in order to calm his impulse. Afterwards, he must follow the procedure prescribed in the Torah, and if she did not wish to become part of Israel, she could still live under the Noahide covenant. However, if she chose to persist in avodah zarah (idolatry), she would have to be put to death, because it is forbidden to encourage foreign worship in the Land of Israel.
Another psychological aspect of human nature is mental claustrophobia. If you tell a hungry child not to touch a plate of food on the table, reserved for someone else, what is most likely to happen? He will want to take it. But if you allow him to have a portion, with the promise of something better later, he can act more civilly. The Creator, praised be He, in His infinite wisdom, knew that man would need laws for war in order to prevent the kind of immoral atrocities committed by other nations—atrocities that, sadly, we still witness in war zones today.
From another perspective, ADONAY, blessed be He, applies a form of reverse psychology here. The Israelite knows he is forbidden to marry Canaanite women. By allowing him, under strict conditions, to take one in battle, this very permission may actually distance him from doing so—encouraging him to wait instead until he marries a woman worthy of his honor, one who will elevate him spiritually.
The Sages of the Torah interpret the juxtaposition of this passage with the story of the rebellious son, teaching that one who marries a yefat to’ar will father a sorer u’moreh (rebellious son) who will ultimately be sentenced to death. Commentators note that Absalom, son of King David, was born of a yefat to’ar. They conclude that his rebellious and immoral behavior stemmed from his maternal lineage. This is also why the mothers of the kings of Israel are mentioned in the book of Divrei Hayamim (Chronicles). When a king was wicked, his mother’s name is recorded, to show the mother’s influence over him. On the other hand, righteous kings are also listed alongside their righteous mothers.
The Eternal One, blessed be He, commands the people of Israel to walk in justice. The key to this is the constant remembrance that we were taken out of slavery in Egypt. How many times do we recall the Exodus from Egypt in our daily prayers! All of the mitzvot of the Torah bring us back to this point. The people of Israel are commanded not only to pursue justice but also to cultivate qedushá —whether in the Temple courtyard, in business, in marriage, or even in war.
May it be the will of ADONAY, blessed be He, to increase our zekhut before Him in these days of teshubah.