כִּֽי־תֵצֵ֥א לַמִּלְחָמָ֖ה עַל־אֹיְבֶ֑יךָ וּנְתָנ֞וֹ יְהוָ֧ה אֱלֹהֶ֛יךָ בְּיָדֶ֖ךָ וְשָׁבִ֥יתָ שִׁבְיֽוֹ׃

When you go out to war, referring not to the war of conquering the land of Canaan, about which Israel was commanded: “You shall not keep any person alive” (20:16), but to an optional war, against your enemies, and the Lord your God delivers them into your hand, and you capture its captives. During biblical times, enemies were taken captive in war, and most of them were sold into slavery.

וְרָאִיתָ֙ בַּשִּׁבְיָ֔ה אֵ֖שֶׁת יְפַת־תֹּ֑אַר וְחָשַׁקְתָּ֣ בָ֔הּ וְלָקַחְתָּ֥ לְךָ֖ לְאִשָּֽׁה׃

And you see among the captives a beautiful woman, and you desire her, and you may take her for you as a wife. However, in order to do so, a special procedure must be followed. This is not a standard marriage, as the captive woman cannot refuse. Nevertheless, the required procedure is considerate of the woman.

וַהֲבֵאתָ֖הּ אֶל־תּ֣וֹךְ בֵּיתֶ֑ךָ וְגִלְּחָה֙ אֶת־רֹאשָׁ֔הּ וְעָשְׂתָ֖ה אֶת־צִפָּרְנֶֽיהָ׃

You shall bring her into your house, and she shall shave her head, and she shall do her nails. Some Sages understand this to mean that she should grow her nails long, and others explain that she should clip them. According to both opinions, this action symbolizes unsightliness and mourning. Perhaps it depends on the standard in the woman’s locale: If they grow long fingernails for beauty, she must clip them, and if they typically keep their fingernails short, she must grow them long.

וְהֵסִ֩ירָה֩ אֶת־שִׂמְלַ֨ת שִׁבְיָ֜הּ מֵעָלֶ֗יהָ וְיָֽשְׁבָה֙ בְּבֵיתֶ֔ךָ וּבָֽכְתָ֛ה אֶת־אָבִ֥יהָ וְאֶת־אִמָּ֖הּ יֶ֣רַח יָמִ֑ים וְאַ֨חַר כֵּ֜ן תָּב֤וֹא אֵלֶ֙יהָ֙ וּבְעַלְתָּ֔הּ וְהָיְתָ֥ה לְךָ֖ לְאִשָּֽׁה׃

She shall remove the garment of her captivity, which might be elegant, as she was taken from her home, from her, and she shall remain in your house, and she shall lament her father and her mother a month of days. She should mourn them, as presumably she was taken from a house whose other residents were killed by the soldiers. She may have been married, but her marriage is now void, and she therefore grieves her past. And only thereafter you may consort with her, and engage in intercourse with her, but not during her period of mourning, as that would be inconsiderate and inappropriate. After this entire process of shaving her head, doing her nails, removing her garment, and continued grieving, perhaps you will no longer be attracted to her. If you still wish to marry her, you may do so, and she shall be a wife to you.

וְהָיָ֞ה אִם־לֹ֧א חָפַ֣צְתָּ בָּ֗הּ וְשִׁלַּחְתָּהּ֙ לְנַפְשָׁ֔הּ וּמָכֹ֥ר לֹא־תִמְכְּרֶ֖נָּה בַּכָּ֑סֶף לֹא־תִתְעַמֵּ֣ר בָּ֔הּ תַּ֖חַת אֲשֶׁ֥ר עִנִּיתָֽהּ׃ (ס)

It shall be that if you do not desire her, due to her new appearance or for any other reason, you shall release her on her own,

כִּֽי־תִהְיֶ֨יןָ לְאִ֜ישׁ שְׁתֵּ֣י נָשִׁ֗ים הָאַחַ֤ת אֲהוּבָה֙ וְהָאַחַ֣ת שְׂנוּאָ֔ה וְיָֽלְדוּ־ל֣וֹ בָנִ֔ים הָאֲהוּבָ֖ה וְהַשְּׂנוּאָ֑ה וְהָיָ֛ה הַבֵּ֥ן הַבְּכ֖וֹר לַשְּׂנִיאָֽה׃

If a man has two wives, the one beloved, and the other one hated. Clearly, he does not actually hate her, as in that case he would divorce her; rather, it means that she is not as beloved as the other wife is. And they bear him children, the beloved and the hated, and the firstborn son is of the hated,

וְהָיָ֗ה בְּיוֹם֙ הַנְחִיל֣וֹ אֶת־בָּנָ֔יו אֵ֥ת אֲשֶׁר־יִהְיֶ֖ה ל֑וֹ לֹ֣א יוּכַ֗ל לְבַכֵּר֙ אֶת־בֶּן־הָ֣אֲהוּבָ֔ה עַל־פְּנֵ֥י בֶן־הַשְּׂנוּאָ֖ה הַבְּכֹֽר׃

it shall be on the day that he, the father, bequeaths to his sons that property which he has, he may not prefer the son of the beloved, who is not the firstborn, over the son of the

כִּי֩ אֶת־הַבְּכֹ֨ר בֶּן־הַשְּׂנוּאָ֜ה יַכִּ֗יר לָ֤תֶת לוֹ֙ פִּ֣י שְׁנַ֔יִם בְּכֹ֥ל אֲשֶׁר־יִמָּצֵ֖א ל֑וֹ כִּי־הוּא֙ רֵאשִׁ֣ית אֹנ֔וֹ ל֖וֹ מִשְׁפַּ֥ט הַבְּכֹרָֽה׃ (ס)

Rather, he shall acknowledge the firstborn, son of the hated , to give him double from everything that is found with him. According to Torah law, when an inheritance is divided among a person’s sons, the firstborn receives a double portion. As he is the first of his potency, his first child, therefore his is the right of the firstborn.

כִּֽי־יִהְיֶ֣ה לְאִ֗ישׁ בֵּ֚ן סוֹרֵ֣ר וּמוֹרֶ֔ה אֵינֶ֣נּוּ שֹׁמֵ֔עַ בְּק֥וֹל אָבִ֖יו וּבְק֣וֹל אִמּ֑וֹ וְיסְּר֣וּ אֹת֔וֹ וְלֹ֥א יִשְׁמַ֖ע אֲלֵיהֶֽם׃

If a man has a defiant and rebellious son, who does not heed the voice of his father, or the voice of his mother, and they, his parents, chastise [ yisseru ] him, and nevertheless he does not heed them. The Sages interpret the word yisseru as referring to the penalty of lashes. Accordingly, the verse means that the son commits many transgressioad loc.ntil eventually he is liable to be flogged, and his parents bring him to court to receive this punishment. Nevertheless, he does not heed them.

וְתָ֥פְשׂוּ ב֖וֹ אָבִ֣יו וְאִמּ֑וֹ וְהוֹצִ֧יאוּ אֹת֛וֹ אֶל־זִקְנֵ֥י עִיר֖וֹ וְאֶל־שַׁ֥עַר מְקֹמֽוֹ׃

His father and his mother shall seize him, and they shall take him out to the elders, the judges, of his city, to the gate, the court, of his place.

וְאָמְר֞וּ אֶל־זִקְנֵ֣י עִיר֗וֹ בְּנֵ֤נוּ זֶה֙ סוֹרֵ֣ר וּמֹרֶ֔ה אֵינֶ֥נּוּ שֹׁמֵ֖עַ בְּקֹלֵ֑נוּ זוֹלֵ֖ל וְסֹבֵֽא׃

They shall say to the elders of his city: This son of ours

וּ֠רְגָמֻהוּ כָּל־אַנְשֵׁ֨י עִיר֤וֹ בָֽאֲבָנִים֙ וָמֵ֔ת וּבִֽעַרְתָּ֥ הָרָ֖ע מִקִּרְבֶּ֑ךָ וְכָל־יִשְׂרָאֵ֖ל יִשְׁמְע֥וּ וְיִרָֽאוּ׃ (ס)

All the men of his city shall stone him with stones, and he shall die, and you shall eliminate the evil from your midst. Once it is clear that he is completely corrupt and incorrigible, he is sentenced to death. And all Israel shall hear and fear. The purpose of this law is to send a clear message that crime among youth will not be tolerated and that obedience is essential. Therefore the son receives the death penalty even though his actions in and of themselves do not warrant a punishment so severe.