To execute the law of the one of beautiful form (yefat toar) as is written in the Torah: That we were commanded about the woman of beautiful form to do to her like the statute that is written in this section, as it is stated (Deuteronomy 21:11), “And you shall see among the captives a woman of beautiful form” — meaning to say that she be beautiful in his eyes. (See Mishneh Torah, Laws of Kings and Wars 8:3.) And the content of the command about her is that the Israelite bring her to his home and command her to shave her head, to grow her nails, to remove from upon her the fine garment that she brought from her home — as such was the custom of the nations, that their daughters would adorn themselves in war for harlotry — and to allow her to cry for her father and mother a month of days, as per her desire. These are the things that are explicit in Scripture about the law of a woman of beautiful form. And it would seem that the obligation of a positive commandment comes on all of these [things].
From the roots of the commandment [is that which] they, may their memory be blessed, said (Kiddushin 21b), [it is] because the Torah only permitted the one of beautiful form of the captives in view of the evil impulse. As if Scripture had not permitted her, he would marry her [even though it is] forbidden, due to the power of the evil impulse of the heart of man regarding desire. And so, Scripture shut the door in front of him to make her repulsive in his eyes: It commanded to shave her head so as to destroy the form of her fine hair; and to grow her nails so as to distort the form of her hands; and it permitted her to cry for the first month so as to distort her face and to consume her eyes with her tears. Scripture also commanded that she should sit with him in his house while she is doing all of this in the first month. And it is all to make her disgusting in his eyes, that he come in and go out [from his house] and see her in her distortion. And among the commentators, [some] said (Rabbenu Tam in Tosafot on Kiddushin 22a s.v. shelo) that the permissibility of the first intercourse of the woman of beautiful form is in her being a gentile (immediately). And their words are likely, since her permissibility is because of the power of the evil impulse. But [there are others] among them that said that she is not permissible at all until after all of these acts that we mentioned. And from the simple understanding of the verses, it appears like this. And also in Talmud Yerushalmi Makkot 2:6, they disagreed about this.
The laws of the commandment: That which they, may their memory be blessed, said (Kiddushin 21b) that [the law of] a woman of beautiful form [applies] whether she is a virgin or [is not] or [even if she is] the wife of a man. But it is not permitted to take two, as it is stated, “her” — not “her and her friend.” And [also] that which they said (Kiddushin 22a) to not pressure her in the war, but rather he must isolate himself with her in a house — that he not think that the Torah permitted her in any fashion, and even publicly. And she must convert before he marries her as a wife. And after the conversion, he marries her with a marriage contract and betrothal, and the law that pertains to her is like the law of [all] the daughters of Israel. But if she does not want to convert, he puts up with her twelve months and sends her away. And after the month of crying, he waits for her two more months. And (Sanhedrin 21a) if she becomes pregnant from the first intercourse, the offspring is a gentile and not his son for any matter of all the matters — and like the Sages, may their memory be blessed, said (Kiddushin 68b), “Your son that comes from a gentile woman is not your son, but rather her son.” And Tamar, the sister of Avshalom, was from the first intercourse of a woman of beautiful form, whereas Avshalom was born after the marriage. And it comes out that Tamar was the sister of Avshalom from [the side of] his mother, and [so] permissible to be married to Amnon. And so did it state (II Samuel 13:13), “please speak to the king, as he will not prevent me from you.” [These] and the rest of the details of the commandment are in the first chapter of Kiddushin and in Sanhedrin.
And this commandment is practiced at the time that Israel is on its Land, as then did they have the power and the ability in their hand to fight wars. And one who transgresses it and does not do the actions that we mentioned has violated this positive commandment.
לָדוּן דִּין יְפַת תֹּאַר כַּכָּתוּב בַּתּוֹרָה – שֶׁנִּצְטַוִּינוּ בְּאֵשֶׁת יְפַת תֹּאַר לַעֲשׂוֹת לָהּ כַּמִּשְׁפָּט הַכָּתוּב בְּפָרָשָׁה זוֹ, שֶׁנֶּאֱמַר (דברים כא יא) "וְרָאִיתָ בַּשִּׁבְיָה אֵשֶׁת יְפַת תֹּאַר", כְּלוֹמַר, שֶׁתִּהְיֶה יָפָה בְּעֵינָיו (עי' רמב"ם מלכים ח ג). וְעִנְיַן הַצִּוּוּי בָּהּ שֶׁיְּבִיאֶנָּה הַיִּשְׂרָאֵל אֶל בֵּיתוֹ וִיצַוֶּה אוֹתָהּ לְגַלֵּחַ רֹאשָׁהּ, וּלְגַדֵּל צִפָּרְנֶיהָ, וּלְהָסִיר מֵעָלֶיהָ הַכְּסוּת הַנָּאָה שֶׁהֵבִיאָה מִבֵּיתָהּ, שֶׁכֵּן הָיְתָה דַּרְכָּם שֶׁל הָאֻמּוֹת שֶׁבְּנוֹתֵיהֶם מִתְקַשְּׁטוֹת בַּמִּלְחָמָה לִזְנוּת, וְיַרְשֶׁה אוֹתָהּ לִבְכּוֹת אָבִיהָ וְאִמָּהּ חֹדֶשׁ יָמִים כִּרְצוֹנָהּ. אֵלּוּ הֵן הַדְּבָרִים הַמְּפֹרָשִׂים בַּכָּתוּב בְּדִין אֵשֶׁת יְפַת תֹּאַר, וּמִן הַדּוֹמֶה שֶׁעַל כָּל אֵלֶּה יָבוֹא חִיּוּב הָעֲשֵׂה.
To execute the law of the one of beautiful form (yefat toar) as is written in the Torah: That we were commanded about the woman of beautiful form to do to her like the statute that is written in this section, as it is stated (Deuteronomy 21:11), “And you shall see among the captives a woman of beautiful form” — meaning to say that she be beautiful in his eyes. (See Mishneh Torah, Laws of Kings and Wars 8:3.) And the content of the command about her is that the Israelite bring her to his home and command her to shave her head, to grow her nails, to remove from upon her the fine garment that she brought from her home — as such was the custom of the nations, that their daughters would adorn themselves in war for harlotry — and to allow her to cry for her father and mother a month of days, as per her desire. These are the things that are explicit in Scripture about the law of a woman of beautiful form. And it would seem that the obligation of a positive commandment comes on all of these [things].
וּמִשָּׁרְשֵׁי הַמִּצְוָה. אָמְרוּ זִכְרוֹנָם לִבְרָכָה (קדושין כא, ב) לְפִי שֶׁלֹּא הִתִּירָה הַתּוֹרָה יְפַת תֹּאַר בַּשִּׁבְיָה אֶלָּא כְּנֶגֶד יֵצֶר הָרָע, שֶׁאִם לֹא הִתִּירָהּ הַכָּתוּב יִשָּׂאֶנָּה בְּאִסּוּר, לְתֹקֶף יֵצֶר לֵב הָאָדָם רַע בְּעִנְיָן הַחֵשֶׁק, וְעַל כֵּן סָתַם הַכָּתוּב דֶּלֶת בְּפָנָיו לְהַבְאִישָׁהּ בְּעֵינָיו, וְצִוָּה לְגַלֵּחַ רֹאשָׁהּ כְּדֵי לְאַבֵּד תֹּאַר שַׂעֲרוֹתֶיהָ הַנָּאוֹת, וּלְגַדֵּל צִפָּרְנֶיהָ כְּדֵי לְנַוֵּל תֹּאַר יָדֶיהָ, וְשֶׁיַּרְשֶׁה אוֹתָהּ לִבְכּוֹת חֹדֶשׁ רִאשׁוֹן לְנַוֵּל פָּנֶיהָ וּלְכַלּוֹת בִּדְמָעוֹת עֵינֶיהָ, גַּם חִיֵּב הַכָּתוּב שֶׁתֵּשֵׁב עִמּוֹ בְּבֵיתוֹ בַּעֲשׂוֹתָהּ כָּל זֶה בַּחֹדֶשׁ הָרִאשׁוֹן, וְהַכֹּל לְהַמְאִיסָהּ בְּעֵינָיו שֶׁיְּהֵא נִכְנָס וְיוֹצֵא וּמִסְתַּכֵּל בָּהּ וְרוֹאֶה בְּנִוּוּלָהּ. וְאָמְרוּ מִן הַמְּפָרְשִׁים (ר"ת קדושין כב א תוס' ד"ה שלא), שֶׁהֶתֵּר יְפַת תֹּאַר בִּיאָה רִאשׁוֹנָה הִיא בְּגַיּוּתָהּ, וּקְרוֹבִים דִּבְרֵיהֶם, אַחַר שֶׁהַהֶתֵּר שֶׁלָּהּ הוּא מִפְּנֵי תֹּקֶף יֵצֶר הָרַע, אֲבָל מֵהֶם שֶׁאָמְרוּ שֶׁאֵינָהּ מֻתֶּרֶת כְּלָל עַד לְאַחַר כָּל הַמַּעֲשִׂים הָאֵלּוּ שֶׁזָּכַרְנוּ, וּמִפְּשַׁט הַכְּתוּבִים נִרְאֶה כֵּן, וְגַם בַּיְּרוּשַׁלְמִי (מכות פ"ב ה"ו) חָלְקוּ עַל זֶה.
From the roots of the commandment [is that which] they, may their memory be blessed, said (Kiddushin 21b), [it is] because the Torah only permitted the one of beautiful form of the captives in view of the evil impulse. As if Scripture had not permitted her, he would marry her [even though it is] forbidden, due to the power of the evil impulse of the heart of man regarding desire. And so, Scripture shut the door in front of him to make her repulsive in his eyes: It commanded to shave her head so as to destroy the form of her fine hair; and to grow her nails so as to distort the form of her hands; and it permitted her to cry for the first month so as to distort her face and to consume her eyes with her tears. Scripture also commanded that she should sit with him in his house while she is doing all of this in the first month. And it is all to make her disgusting in his eyes, that he come in and go out [from his house] and see her in her distortion. And among the commentators, [some] said (Rabbenu Tam in Tosafot on Kiddushin 22a s.v. shelo) that the permissibility of the first intercourse of the woman of beautiful form is in her being a gentile (immediately). And their words are likely, since her permissibility is because of the power of the evil impulse. But [there are others] among them that said that she is not permissible at all until after all of these acts that we mentioned. And from the simple understanding of the verses, it appears like this. And also in Talmud Yerushalmi Makkot 2:6, they disagreed about this.
דִּינֵי הַמִּצְוָה. מָה שֶׁאָמְרוּ זִכְרוֹנָם לִבְרָכָה (קדושין שם) שֶׁאֵשֶׁת יְפַת תֹּאַר בֵּין בְּתוּלָה בֵּין בְּעוּלָה בֵּין אֵשֶׁת אִישׁ. וְאֵין מֻתָּר לִקַּח שְׁתַּיִם, שֶׁנֶּאֱמַר בָּהּ וְלֹא בָּהּ וּבַחֲבֶרְתָּהּ. וּמָה שֶׁאָמְרוּ (שם כב, א) שֶׁלֹּא יִלְחָצֶנָּה בַּמִּלְחָמָה אֶלָּא יְיַחֲדֶנָּה לוֹ בַּבַּיִת, שֶׁלֹּא תְּהֵא סָבוּר שֶׁהִתִּירַתָּהּ הַתּוֹרָה בְּכָל עִנְיָן וַאֲפִילּוּ בְּפִרְסוּם, וּצְרִיכָה לְהִתְגַּיֵּר קֹדֶם שֶׁיִּשָּׂאֶנָּה לוֹ לְאִשָּׁה, וְאַחַר הַגֵּרוּת, נוֹשְׂאָהּ בִּכְתֻבָּה וְקִדּוּשִׁין וְדִינָהּ כְּדִין בְּנוֹת יִשְׂרָאֵל. וְאִם לֹא רָצְתָה לְהִתְגַּיֵּר מְגַלְגֵּל עִמָּהּ שְׁנֵים עָשָׂר חֹדֶשׁ וּמְשַׁלְּחָהּ לְנַפְשָׁהּ. וְאַחַר חֹדֶשׁ הַבְּכִיָּה מַמְתִּין לָהּ שְׁנֵי חֳדָשִׁים עוֹד. וְאִם (סנהדרין כא, א) נִתְעַבְּרָה מִבִּיאָה רִאשׁוֹנָה הַוָּלָד גּוֹי, וְאֵינוֹ בְּנוֹ לְשׁוּם דָּבָר מִכָּל הַדְּבָרִים, וּכְמוֹ שֶׁאָמְרוּ חֲכָמֵינוּ זִכְרוֹנָם לִבְרָכָה (קדושין סח ב), בִּנְךָ הַבָּא מִן הַגּוֹיָה אֵינוֹ בִּנְךָ אֶלָּא בְּנָהּ, וְתָמָר אֲחוֹת אַבְשָׁלוֹם מִבִּיאָה רִאשׁוֹנָה שֶׁל יְפַת תֹּאַר הָיְתָה, וְאַבְשָׁלוֹם אָחִיהָ נוֹלַד אַחַר הַנִּשּׂוּאִין, וְנִמְצֵאת תָּמָר אֲחוֹת אַבְשָׁלוֹם מֵאִמּוֹ, וּמֻתֶּרֶת לְהִנָּשֵׂא לְאַמְנוֹן, וְכֵן הוּא אוֹמֵר (שמואל ב יג, יב) דַּבֶּר נָא אֶל הַמֶּלֶךְ כִּי לֹא יִמְנָעֵנִי מִמֶּךָּ. וְיֶתֶר פְּרָטֵי הַמִּצְוָה בְּקִדּוּשִׁין פֶּרֶק רִאשׁוֹן וּבְסַנְהֶדְרִין.
The laws of the commandment: That which they, may their memory be blessed, said (Kiddushin 21b) that [the law of] a woman of beautiful form [applies] whether she is a virgin or [is not] or [even if she is] the wife of a man. But it is not permitted to take two, as it is stated, “her” — not “her and her friend.” And [also] that which they said (Kiddushin 22a) to not pressure her in the war, but rather he must isolate himself with her in a house — that he not think that the Torah permitted her in any fashion, and even publicly. And she must convert before he marries her as a wife. And after the conversion, he marries her with a marriage contract and betrothal, and the law that pertains to her is like the law of [all] the daughters of Israel. But if she does not want to convert, he puts up with her twelve months and sends her away. And after the month of crying, he waits for her two more months. And (Sanhedrin 21a) if she becomes pregnant from the first intercourse, the offspring is a gentile and not his son for any matter of all the matters — and like the Sages, may their memory be blessed, said (Kiddushin 68b), “Your son that comes from a gentile woman is not your son, but rather her son.” And Tamar, the sister of Avshalom, was from the first intercourse of a woman of beautiful form, whereas Avshalom was born after the marriage. And it comes out that Tamar was the sister of Avshalom from [the side of] his mother, and [so] permissible to be married to Amnon. And so did it state (II Samuel 13:13), “please speak to the king, as he will not prevent me from you.” [These] and the rest of the details of the commandment are in the first chapter of Kiddushin and in Sanhedrin.
וְנוֹהֶגֶת מִצְוָה זוֹ בִּזְמַן שֶׁיִּשְׂרָאֵל עַל אַדְמָתָן, כִּי אָז הָיְתָה לָהֶם רְשׁוּת וִיכֹלֶת בְּיָדָם לְהִלָּחֵם. וְהָעוֹבֵר עַל זֶה וְלֹא עָשָׂה הַמַּעֲשִׂים שֶׁזָּכַרְנוּ, בִּטֵּל עֲשֵׂה זֶה.
And this commandment is practiced at the time that Israel is on its Land, as then did they have the power and the ability in their hand to fight wars. And one who transgresses it and does not do the actions that we mentioned has violated this positive commandment.