1)

Why must the Y'fas To'ar remove the clothes in which she was captured?

1.

Rashi and Rashbam: In order to change from the beautiful clothes that she wore during the war to distract the enemy and lure them into Z'nus with her 1 instead of fighting into ordinary attire (in order to make her look ugly - Rashbam)

2.

Ramban (on Pasuk 12): She must change into mourning attire. 2

3.

Riva: She served idolatry in these clothes. It is improper to serve Hashem in them. Also Yakov commanded his family to remove the garments they took from Shechem (Bereishis 35:2)!


1

See also Torah Temimah, note 81.

2

Refer to 21:12:2:2 & 21:13:3:2.

2)

Why does the Torah see fit to add "Veyashvah be'Veisecha"?

1.

Rashi: When her captor enters the house he stumbles over her and when he leaves he stumbles over her, and sees her in her state of ugliness. 1

2.

Ramban (on Pasuk 12): She may not leave his house during the month-long period of mourning. 2


1

Refer to 21:12:2:1. Refer also to 21:13:3:1.

2

Refer also to 21:13:3:2.

3)

What is the significance of crying for her father and mother?

1.

Rashi: His Jewish wife is happy whilst she is sad; 1 his Jewish wife is beautifully adorned, whilst she looks ugly. 2

2.

Ramban (on Pasuk 12, according to R. Akiva): Her father and mother in this Pasuk apply to the Avodah-Zarah 3 that she has been forced to abandon against her will and over which she is now mourning. 4

3.

Oznayhim la'Torah: Irrespetive of why she is cring, from the fact that making a captive cry is confined to a Y'fas To'ar it is evident that the objective is to make her look bad in the eyes of her captor in order to reject her.


1

And mourning over her father and mother from whom she has been separated.

2

All in order to discourage him from retaining her. The Ramban too, cites this as the reason for the obligation to induce her mourning - Refer to 21:13:3:2.

3

Ramban: As in Yirmiyah, 2:27 "Omrim la'Eitz 'Avi Atah'... ' ". See Torah Temimah, note 83.

4

Ramban: Presumably, Beis-Din immersed her against her will - like they immerse slaves, and it is because she is being converted against her will that the Torah forbids her on her captor during this entire period.

4)

What if she is not crying for her father and mother because she wants to convert?

1.

Yevamos, 47b: Then she is permitted to convert immediately and is exempt from everything listed in the current Pesukim. 1


1

See Torah Temimah, note 82.

5)

Why must she mourn "Yerach Yamim"?

1.

Refer to 21:13:3:1.

2.

Ramban #1 (citing the Ibn Ezra): The Torah allows her to mourn and weep for the loss of her parents like one weeps and mourns the loss of a relative


1

Ramban: During that time, he is neither allowed to coerce her into changing her religion nor to be intimate with her.

2

Ramban: Since it is not correct to force a woman to be intimate whilst she is in mourning

6)

What are the implications of the word "u'Ve'altah"?

1.

Rashi (in Kidushin 22a) and Ramban #1,: It is only after the period of mourning has ended that he is permitted to be intimate with her. 1

2.

Ramban #2 (citing the Sifri): The only thing he has to do with her is to be intimate 2 with her, because he cannot acquire her with money or with a Sh'tar.

3.

Riva #1 (in Pasuk 11), R. Tam in Tosfos Kidushin 22a: The first Bi'ah is permitted immediately.

4.

Riva #2: Even those who permit intimacy immediately, Bi'ah for marriage is permitted only after all the actions. 3


1

Ramban: When the Torah wrote earlier "Vechashakta bah Velakachta l'cha l'Ishah" it meant that he may take her with the intention of living with her after he has fulfilled everything that is written in the Parshah. In the Yerushalmi, Makos 2:6, Amora'im argue about whether the first Bi'ah is permitted immediately. See Torah Temmah citing Yerushalmi Makos, 2:6, and note 88.

2

Ramban: In fact, even the Bi'ah is not as an act of betrothal, since she is still a Nochris when he performs the first Bi'ah. See also Ramban, DH 've'Al Derech ha'P'shat'.

3

Kidushin 48b: And we learn from here that Kidushin does not take effect on a Nochris. See Torah Temimah, note 87.

7)

"Vehaysah l'cha le'Ishah". When does this take place?

1.

Ramban: Even if there is a Heter for the first intimacy, before the entire Parshah (a month of mourning, changing her clothes, cutting her hair


1

Sifri: And he is obligated to give her 'She'er, K'sus ve'Ona'ah - Se Mishpatim Sh'mos, 21:10.

8)

What are the implications of the word "u'Ve'altah"?

1.

Sifri and Targum Yonasan: It implies that, after having carried out everything mentioned above and waited the necessary time period, he acquires the Y'fas To'ar with Bi'ah alone. 1


1

Refer to 21:13:6:1 & 21:13:5:4 and see Torah Temimah, note 89.

9)

According to R. Shimon ben Elazar, since one may coerce a captive to immerse and become an Eved Cana'ani, and one may free a slave against his will, why is a Y'fas To'ar not permitted without the entire Parshah?

1.

Riva (in Pasuk 11): The Torah permitted her due to the Yeitzer ha'Ra, for sometimes one cannot wait (to make her a Shifchah, and free her).

2.

Riva citing Ri: [R. Shimon ben Elazar] permits only if he initially seized the person to be a slave.

3.

Perhaps the Parshah is needed to permit a married Nochris; if not, she is forbidden (refer to 21:11:151:1,3 & 4 and notes - PF). 1


1

Why do we need a D'rashah to permit an Eishes Ish according to the opinion that permits Bi'ah only after conversion? Presumably, after conversion, her old marriage is Batel! Perhaps the D'rashah is needed only to permit theft. (PF)

10)

According to R. Shimon [ben Elazar], since one may coerce her to immerse and become a Shifchah, and free her and be one may immediately who will ever fulfill this Parshah (a month of mourning

1.

Refer to 21:13:151:2 & 3.

11)

Is a Kohen permitted to take a Y'fas To'ar?

1.

Riva (in Pasuk 11, citing Kidushin 21b): Amora'im argue over this. Some say that all opinions forbid the first Bi'ah, and they argue over the second one;. 1 wheress, according to others all opinions permit the second Bi'ah and they argue over the first one. 2


1

Riva: Why is this a question? Pinchas (a Kohen) was permitted the captives [from Midyan]

12)

What is the definition of "Yerach Yamim"?

1.

Sifri #1 (according to R. Akiva) and Targum Yonasan: "Yerach" implies one month (thirty days), 1 and "Yamim" adds two - a total of three months. Due to this abstention, there will be no Safek as to whether her children were conceived before or after conversion.

2.

Sifri #2 (according to R. Eliezer): It is one month, like the simple meaning.

3.

Ba'al ha'Turim: The Torah inserts the word "Yerach" to hint that just like the moon's light is blemished compared to that of the sun, so too is a Nochris despised compared to a Bas Yisrael.

4.

Rambam (citing the Yerushalmi): In any event, the Chachamim supported the thirty days of mourning from this Pasuk. 2


1

See Torah Temimah, note 84.

2

See Toah Temimah, note 85, citing the Rambam,

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