Deuteronomy 21:10
Deuteronomy 21:10-14. MARRIAGE OF CAPTIVE WOMEN.

(10, 11) When thou . . . seest among the captives a beautiful woman.--This could not be among the seven nations, of whom it is said (Deuteronomy 20:1-6), "thou shalt save alive nothing that breatheth." But it may well apply to the recent case of the Midianitish maidens (Numbers 31:15-18), who had been taken captive in great numbers, and would naturally be reduced to slavery. It is clear from this passage that they could not be treated as concubines.

(12) Shall shave her head, and pare her nails.--Rashi's view is that the object of this order is to spoil the beauty of the captive. The long hair is to be cut off, and the nails pared. On this last point the Targums differ; one taking the view that they are to be left to grow and the other the opposite interpretation. In 2Samuel 19:24, there are two examples of the use of the word in the sense of attending to the person. The correct interpretation in this place depends upon the purpose for which the thing was to be done. If the intention was any kind of purification, and long or taper nails were considered an ornament (as by some Eastern nations), it is more probable that the nails were to be cut short.

(13) The raiment of her captivity.--Rashi takes this to mean the beautiful raiment put on for the purpose of attracting her captors. (Compare Jezebel's attempt to captivate Jehu, 2Kings 9:30.) Whatever may be the precise intent of these several instructions, it is clear that the law is intended to encourage lawful marriage, and no other form of union. In this view it throws an important light upon the treatment of the Midianitish captives in Numbers 31

(14) Thou shalt not make merchandise of her.--This shows that, in ordinary cases, these captives would be sold as slaves, without the restrictions imposed on Israelitish slavery. (See Leviticus 25:44-46.)

Verses 10-14. - If an Israelite saw among captives taken in war a woman, fair of aspect, and loved her, and took her to be his wife, he was to allow her a full month to mourn her lost kindred, and become accustomed to her new condition, before he consummated his union with her. This refers to captives from other nations than those of Canaan, with whom the Israelites were to form no alliance, and whom they were not to take captive, but either wholly destroy or render tributary (cf. Deuteronomy 7:3; Numbers 21:1, etc.; Joshua 11:19).

21:10-14 By this law a soldier was allowed to marry his captive, if he pleased. This might take place upon some occasions; but the law does not show any approval of it. It also intimates how binding the laws of justice and honour are in marriage; which is a sacred engagement.When thou goest forth to war against thine enemies,.... This refers to an arbitrary war, as Jarchi remarks, which they entered into of themselves, of choice, or through being provoked to it by their enemies; and not a war commanded by the Lord, as that against the seven nations of Canaan, and against Amalek; since there were to be no captives in that war, but all were to be destroyed:

and the Lord thy God hath delivered them into thine hands; given them the victory over their enemies, so that they were obliged to surrender themselves to them prisoners of war:

and thou hast taken them captive, or "led his or their captivity (b) captive"; led them captive who used to lead others, denoting their conquest of victorious nations; see a like phrase in Psalm 68:18.

(b) "et captivam duxerit captivitatem ejus", Pagninus, Montanus, Vatablus.

Deuteronomy 21:9
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