For the source text click/tap here: Yevamot 48
To download, click/tap here: PDF
One difficult halakha that appears in the Torah is the law of eshet yefat to’ar – if a Jewish soldier desires a woman captured in battle, the Torah forbids him to rape her (as is, unfortunately, the case in most armies). Recognizing that in the heat of battle men may want to behave in ways that are not acceptable under normal circumstances, the Torah concedes that the woman can be taken, but she is to be given a month to mourn the loss of her family, and only then will the soldier be given a choice to marry her or to set her free.
Regarding an eshet yefat to’ar the Torah rules (Devarim 21:12) that she should shave her head and “do” her nails. The definition of this term is subject to a disagreement between Rabbi Eliezer and Rabbi Akiva. Rabbi Eliezer rules that she should cut her nails short, while Rabbi Akiva believes that the Torah commands her to allow them to grow.
We explore the license provided by the Torah and how we reconcile this with moral propriety.
We review the history of rape during war and tragically relevant during the current war inn Ukraine.