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Why does the Torah (תורה) permit taking a beautiful captive woman in war? The shiur develops the yesod that this isn't a heter for exploitation but requires genuine marriage intention. Without kavana l'ishus, the entire heter disappears — revealing Torah's protection of human dignity even in warfare.
This shiur analyzes the complex halachos of yefas toar (beautiful captive woman) from Parshas Ki Seitzei, exploring fundamental questions about Torah (תורה) ethics in warfare. Rabbi Zweig begins by examining the phrase 'ki seitzei lamilchama al oyivecha' — emphasizing that these laws apply only to optional wars (milchemes reshus), not defensive wars where different principles apply. The discussion focuses on the requirement that 'Hashem (ה׳) delivered them into your hands' and what constitutes proper conquest. The analysis centers on a critical machlokes between Rashi (רש"י) and Tosafos (תוספות) regarding the nature of the heter. According to Rashi, the soldier must take the woman to his house and wait thirty days before marriage — the initial taking is an act of kinyan (acquisition) for eventual marriage. According to Tosafos, the Torah permits immediate relations but only with marriage intention — 'lakachta lecha l'isha' means treating her as a wife from the outset.
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Parshas Ki Seitzei 21:10-14
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