share torah logo

Deuteronomy 21:14 - Captive wife's dignity protected

Deuteronomy 21:14 - דברים 21:14

Hebrew Text

וְהָיָה אִם־לֹא חָפַצְתָּ בָּהּ וְשִׁלַּחְתָּהּ לְנַפְשָׁהּ וּמָכֹר לֹא־תִמְכְּרֶנָּה בַּכָּסֶף לֹא־תִתְעַמֵּר בָּהּ תַּחַת אֲשֶׁר עִנִּיתָהּ׃

English Translation

And it shall be, if thou have no delight in her, then thou shalt let her go where she will; but thou shalt not sell her at all for money, thou shalt not treat her as a slave, because thou hast humbled her.

Transliteration

Vehayah im-lo chafatzta bah veshilachtah lenafshah umachor lo-timkrenah bakasef lo-tit'amer bah tachat asher inita.

Hebrew Leining Text

וְהָיָ֞ה אִם־לֹ֧א חָפַ֣צְתָּ בָּ֗הּ וְשִׁלַּחְתָּהּ֙ לְנַפְשָׁ֔הּ וּמָכֹ֥ר לֹא־תִמְכְּרֶ֖נָּה בַּכָּ֑סֶף לֹא־תִתְעַמֵּ֣ר בָּ֔הּ תַּ֖חַת אֲשֶׁ֥ר עִנִּיתָֽהּ׃ <span class="mam-spi-samekh">{ס}</span>        
וְהָיָ֞ה אִם־לֹ֧א חָפַ֣צְתָּ בָּ֗הּ וְשִׁלַּחְתָּהּ֙ לְנַפְשָׁ֔הּ וּמָכֹ֥ר לֹא־תִמְכְּרֶ֖נָּה בַּכָּ֑סֶף לֹא־תִתְעַמֵּ֣ר בָּ֔הּ תַּ֖חַת אֲשֶׁ֥ר עִנִּיתָֽהּ׃ {ס}        

🎵 Listen to leining

Parasha Commentary

Context and Source

The verse (Devarim 21:14) discusses the laws regarding a yefat to'ar, a captive woman taken during wartime, whom an Israelite soldier may wish to marry. The Torah imposes ethical restrictions on this relationship, emphasizing compassion and dignity.

Rashi's Commentary

Rashi explains that the phrase "וְהָיָה אִם־לֹא חָפַצְתָּ בָּהּ" ("if you have no delight in her") refers to a scenario where the soldier no longer desires to marry her after the initial 30-day waiting period (based on Devarim 21:13). He emphasizes that the Torah requires her to be sent away "לְנַפְשָׁהּ" ("where she will")—freely and without coercion, as she is no longer bound to him.

Prohibition Against Exploitation

The Torah prohibits two forms of exploitation:

  • "וּמָכֹר לֹא־תִמְכְּרֶנָּה בַּכָּסֶף" ("you shall not sell her for money")—Rambam (Hilchos Melachim 8:5) rules that she may not be treated as property to be sold, as this would degrade her humanity.
  • "לֹא־תִתְעַמֵּר בָּהּ" ("you shall not treat her as a slave")—The Sifrei interprets this as forbidding the soldier from retaining her as a servant, as she must be granted full freedom.

Moral Responsibility

The concluding phrase "תַּחַת אֲשֶׁר עִנִּיתָהּ" ("because you have humbled her") underscores the soldier's moral accountability. The Talmud (Kiddushin 21b) teaches that this serves as a warning: since he initially took her under distressing circumstances, he must now act with extra sensitivity to her dignity.

Midrashic Insight

The Midrash Tanchuma (Ki Teitzei 1) connects this law to the broader principle of derech eretz (proper conduct). Even in wartime, the Torah demands ethical behavior, ensuring that human dignity is preserved even for those who might otherwise be vulnerable to mistreatment.

📚 Talmud Citations

This verse is quoted in the Talmud.

📖 Kiddushin 14a
The verse is discussed in the context of the laws regarding the treatment of a Hebrew maidservant, particularly the prohibition against selling her after having relations with her.
📖 Ketubot 39a
The verse is referenced in a discussion about the rights and protections afforded to a Hebrew maidservant, emphasizing the prohibition against selling her as a slave after she has been humbled.

Frequently Asked Questions

Q: What does Deuteronomy 21:14 mean?
A: Deuteronomy 21:14 discusses the laws regarding a captive woman taken during war. If a Jewish soldier marries her but later loses affection for her, he must release her freely—he cannot sell her as a slave or profit from her, because he has already 'humbled her' (i.e., had relations with her). This teaches compassion and ethical treatment even in difficult circumstances.
Q: Why is Deuteronomy 21:14 important in Jewish law?
A: This verse is important because it establishes ethical boundaries in wartime situations, emphasizing human dignity. The Torah restricts a soldier's rights over a captive woman, ensuring she is treated with respect and not exploited. The Rambam (Hilchot Melachim 8:5-6) derives from this verse that one must not act cruelly even toward captives.
Q: What can we learn from Deuteronomy 21:14 today?
A: We learn that even in situations of conflict, Jewish law demands compassion and moral responsibility. The Torah forbids exploiting vulnerable individuals, teaching us to uphold human dignity at all times. The Sages (Talmud, Kiddushin 21b) discuss this as an example of restraining one's impulses for ethical reasons.
Q: How does Deuteronomy 21:14 apply to modern relationships?
A: While the specific scenario applies to wartime captives, the principle extends to treating all relationships with respect and fairness. Rashi explains that the Torah warns against treating a person as property, teaching that relationships must be built on dignity, not coercion or exploitation.
Q: Why does the Torah say 'you shall not treat her as a slave' in this verse?
A: The Torah prohibits treating her as a slave to emphasize that even though she was taken under difficult circumstances, she retains basic human rights. The Talmud (Kiddushin 22a) explains that this law prevents further degradation after she has already been 'humbled,' ensuring she is freed honorably.