ספר דברים - פרשת כי תצא - כא:י-כא - ראשון

When you go out to war against your enemies and Hashem, your God, will give them into your hands, and you will capture his captives. The verse is describing a situation where the Jewish people go out to war and are victorious, taking captives from the enemy. The Torah is setting up the context for the laws that follow, which deal with what happens when captives are taken in war.

Rashi explains that the phrase Ki Seitzei LaMilchama—when you go out to war—is referring specifically to a milchemes reshus, an optional war, not a mandatory war like the conquest of the seven nations in Eretz Yisroel. In the wars to conquer Eretz Yisroel, it was a mitzvah to destroy all the inhabitants, as it says in an earlier verse, 'You shall not let live any soul.' Therefore, it would not make sense for the Torah to say, 'and you will capture captives,' in the context of the war for Eretz Yisroel, since no captives were to be taken. This verse, then, must be talking about other wars, not the conquest of the land.

Rashi further explains the phrase u'shavisa shivyo—and you will capture his captives. This comes to include the Canaanites who are found among the other cities. Even though they are from the seven nations, if they are living in other cities outside of Eretz Yisroel, it is permitted to capture them as captives. Rashi learns this from the double expression in the verse, which teaches that additional captives, specifically these Canaanites, are included and may be taken.

And you will see among the captives a beautiful woman, and you will desire her, and you will take her for yourself as a wife. The Torah is describing a situation where, during war, a Jewish soldier sees a woman among the captives who is attractive to him, and he desires her. The Torah allows him to take her as a wife, even if she was previously married to a non-Jewish man. The verse sets up the laws that follow regarding how he may marry her and the process she must go through before becoming his wife.

Rashi comments on the word eshet—a woman—explaining that this even includes a married woman, meaning that the Torah is permitting the soldier to take her as a wife even if she was married to a non-Jewish man at the time she was captured.

On the phrase u'lekachta lecha le'isha—and you will take her for yourself as a wife—Rashi explains that the Torah is not speaking ideally, but rather is addressing the evil inclination (yetzer hara). If Hashem would not permit this, the soldier would marry her anyway, in a prohibited way. Therefore, the Torah allows him to marry her, but with restrictions and a process. However, Rashi says that if he does marry her, in the end he will come to hate her, as it says later in the Torah, 'If a man has two wives, one loved and one hated.' This is referring to this woman, whom he only married because of his desire. Furthermore, the end result may be that he will have a rebellious son from her, the ben sorer u'moreh. That is why these sections are placed next to each other in the Torah—to show the progression and the consequences of following the yetzer hara in this matter.

The verse says, "And you shall bring her into your house, and she shall shave her head and make her nails." The teacher explains that after taking the captive woman, you are to bring her into your home, and she must shave her hair and let her nails grow. The phrase "make her nails" means she should let her nails grow out. This is all part of the process described in the Torah for the captive woman.

Rashi explains on the words "Ve'asisa es tziporneha"—"and she shall make her nails"—that this means she should let them grow. The reason for this is so that she will become repulsive. The teacher clarifies that the purpose of letting her nails grow is to make her unattractive, as part of the Torah's process to discourage the man from marrying her.

The verse continues, "And she shall remove the garment of her captivity from upon her, and she shall sit in your house, and she shall cry for her father and her mother for a month of days, and after that you may come to her and she shall be your wife." The teacher explains that she must remove the special garments she wore as a captive, which were meant to beautify her. She is to sit in your house and mourn her parents for a full month. Only after this period may you marry her. The process is designed to give time for her to become less attractive and for the captor to reconsider his desire to marry her.

Rashi comments on "Ve'hesira es simlas shivya"—"she shall remove the garment of her captivity"—that this is because these garments are very pretty. The teacher elaborates that the non-Jewish women would beautify themselves during wartime in order to entice others to follow them. This is why the Torah requires her to remove those garments, to diminish her attractiveness.

On the words "Veyashva beveisecha"—"she shall sit in your house"—Rashi explains that this means in a house that you use. The teacher says that when the man goes in, he stumbles over her; when he goes out, he stumbles over her. He sees her crying and sees her in her repulsive state. All of this is so that she should become disgusting to him, and maybe he will not want to marry her after all.

Rashi explains on "U'vachsa es aviha"—"and she shall cry for her father"—that all of this is for a reason: so that a Jewish daughter should be happy and this one, the captive woman, should be sad. The teacher says that while the Jewish wife is beautifying herself, this woman is becoming repulsive. The whole process is meant to make the man reconsider and possibly change his mind about marrying her.

The verse says, "And it shall be, if you do not want her, then you shall send her away to herself, and you shall not sell her for money, you shall not keep her as a servant, since you afflicted her." The teacher explains that if, after all this, you do not want to marry her, you must let her go free. You are not allowed to sell her for money or keep her as a servant, because you have already afflicted her by bringing her through this process.

Rashi comments on "Ve'haya im lo chafatzta bah"—"and it shall be if you do not want her"—that the verse is informing you that in the end, you will end up hating her. The teacher explains that the Torah is telling you in advance that this is the likely outcome, reinforcing the idea that this whole process is not ideal and is only permitted because of the evil inclination.

Do not keep her as a servant. The teacher explains that this means you should not use her for servitude. In the Persian language, the word for service and slavery is 'imra.' Rashi says that this is the meaning here, and the teacher adds that he learned this from the interpretation of Rabbi Moshe HaDarshan. So, the Torah is telling you, do not use her as a servant, and this is the explanation of the phrase in the verse.

If a man has two wives, one who is loved and one who is hated, and they both give birth to sons for him, the loved one and the hated one, and the firstborn son is from the hated wife. The teacher reads and explains that this is the situation the Torah is describing: a man has two wives, one he loves and one he hates, and both have children, but the firstborn is from the wife he hates.

On the day that he gives inheritance to his sons, that is, when he is dividing up his possessions among his children, he is not allowed to give the status of firstborn to the son of the loved wife in place of the son of the hated wife, who is the actual firstborn. The teacher explains that the Torah is saying you cannot favor the son of the wife you love over the true firstborn, who is the son of the hated wife.

Rather, he must recognize the firstborn, the son of the hated wife, and give him a double portion of everything that is found with him, because he is the first of his strength, and to him belongs the right of the firstborn. The teacher elaborates that the firstborn gets a double portion, and this is because he is the first of the father's strength, so the justice of the firstborn is to receive double.

Rashi explains on the words 'pi shnayim'—double portion—that this means corresponding to two brothers. In other words, the oldest son gets double what each other brother gets. The teacher clarifies that the double portion is not just any extra amount, but specifically double compared to what one brother would receive.

In everything that is found with him—Rashi explains that from here we learn that the firstborn does not take a double portion in something that is only fit to come to the father after his death, but only in what the father already possesses at the time of his death. The teacher explains that the firstborn gets double from the present assets of the father at the time he dies, but not from things the father might acquire later or things that are only expected to come after death.

If a man has a son who is a 'ben soirer u'moreh'—a wayward and rebellious son—who does not listen to the voice of his father or his mother, and they warn him, but he does not listen to them. The teacher explains that 'soirer' means he strays from the path, not following the way his parents taught him, and 'moreh' means he is rebellious, refusing the words of his father, a language of rebellion. The parents warn him in front of three people and give him lashes. The teacher adds that the son is not guilty of the penalty described later until he steals and eats a large amount of meat and drinks a significant amount of wine, as the verse says 'zolel v'sovei'—a glutton and a guzzler. The teacher brings in that this is also referenced in Mishlei, showing that these terms refer to excessive eating and drinking. Rashi explains that the 'ben soirer u'moreh' is killed because of what he will become in the end—the Torah looks at his future, that he will destroy his father's money, seek to satisfy his desires, and when he can't, he will stand at the crossroads and rob people. Therefore, the Torah says it is better for him to die innocent than guilty.

Rashi explains on the word sorer that it means someone who removes himself from the path. In other words, he is not following the straight way, the way that his parents are teaching him. He is veering off from the derech, from the path that he is supposed to be on.

On the word umoreh, Rashi says it means rebellious—he refuses the words of his father. It is a language of rebellion, of being a mamrim, someone who goes against what he is told, specifically the words of his father.

Rashi explains on veyisru oso that they warn him in front of three people, and they give him lashes. Then Rashi continues that a ben sorer umoreh—a wayward and rebellious son—is not liable for the penalty that will be described later on until he actually steals and eats a tarteimer of meat, which is a large measure, and drinks a half lug of wine. This is because the verse says, 'zolel v'soveh'—a glutton and a guzzler. And it also says in Mishlei, 'Do not be among wine guzzlers, among gluttonous eaters of meat,' so we see that these terms refer to someone who eats and drinks in an exaggerated way.

Rashi further explains that the ben sorer umoreh is killed because of what he will eventually become—al shem sofo. The Torah looks to the end of his actions, to what will happen if he continues on this path. In the end, he will destroy his father's money, seeking to support his habits, and when he can't find it, he will stand at the crossroads and rob people. Therefore, the Torah says, 'Let him die while he is still innocent, rather than die guilty.'

The verse says that his father and mother will grab him and take him out to the elders of his city and to the gate of his place. The teacher reads this verse and continues to the next, explaining the process of bringing the son to the elders for judgment.

The verse continues that the parents will say to the elders of the city, 'This son of ours is wayward and rebellious; he does not listen to our voice; he is a glutton and a guzzler.' The teacher reads the verse and explains that these are the accusations the parents must make in front of the elders, describing the son's behavior.

This verse says that all the people of his city shall stone him with stones and he will die. 'You shall remove the evil from among you, and all of Israel will hear and they will fear.' The teacher reads the verse and explains that the purpose is to remove evil from the community and to serve as a deterrent for others, so that all of Israel will hear about what happened and be afraid to act in such a way.

Rashi comments on the phrase 'and all of Israel will hear and fear'—from here we learn that it is necessary to make an announcement in the beis din, the court, that 'so-and-so was stoned because he was a ben sorer umoreh.' In other words, it has to be publicized so that others will hear and be afraid.