Comentario sobre Deuteronómio 21:14
וְהָיָ֞ה אִם־לֹ֧א חָפַ֣צְתָּ בָּ֗הּ וְשִׁלַּחְתָּהּ֙ לְנַפְשָׁ֔הּ וּמָכֹ֥ר לֹא־תִמְכְּרֶ֖נָּה בַּכָּ֑סֶף לֹא־תִתְעַמֵּ֣ר בָּ֔הּ תַּ֖חַת אֲשֶׁ֥ר עִנִּיתָֽהּ׃ (ס)
Y será, si no te agradare, que la has de dejar en su libertad; <span class="x" onmousemove="Show('perush','Estas palabras sirvieron al Rambam como referencia al <b>263er Precepto Negativo</b> y al <b>264to Precepto Negativo</b> enumerados en el Prefacio a Mishné Torá, su “Compendio de la Ley Hebrea” para todo el Pueblo de Israel.',event);" onmouseout="Close();">y no la venderás por dinero, ni mercadearás con ella, por cuanto la afligiste</span>.
Rashi on Deuteronomy
והיה אם לא חפצת בה AND IT SHALL BE, IF THOU ART NOT PLEASED WITH HER — Scripture tell you that you will in the end hate her (Sifrei Devarim 214:1).
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Ramban on Deuteronomy
[AND IT SHALL BE, IF THOU HAVE NO DESIRE FOR HER,] THEN THOU SHALT LET HER GO WHITHER SHE WILL. The Rabbis have said thereon in the Sifre:44Sifre, Ki Theitzei 214. “But not to her fathers’ house.” Now, I do not know whether the intent thereof is to state that she is a Jewess and that we do not allow her to leave the law of Israel and go back unto her people, and unto her gods,21Ruth 1:15. or whether it means to state that he is not to send her to her father’s house with attendants, for in that case he would be assisting those who commit a transgression. Instead he is to send her out of his house to sojourn wherever she could find a place,45Judges 17:8. for perhaps she will remain in the Land and follow the young men46Ruth 3:10. and be married to one of them. Now, since Scripture states that he is to let her go where she pleases, and warns that he not sell her for money and that he not treat her as a slave,47In Verse 14 before us. we deduce that she needs no divorce from him. Rather, Scripture considered her to be a married woman as long as she was with him; when he hates her he may send her away like a rape victim.48Thus the question raised by Ramban at the beginning of this section [whether she is considered a Jewess or not — see text] is resolved in favor of the second alternative: she is not considered a Jewess, and is not required to be released from him by a divorce.
It is possible that the sense of the verse is to state that, if he cohabits with her and desires her, she shall become his wife. If he cohabits with her, however, and she is not enticing to him and he does not desire her, similar to the affair of Amnon with Tamar,49II Samuel 13:15. he must let her go where she pleases, everything depending upon this cohabitation. For, if after he cohabited with her [the first time] she tarried with him for days and he cohabited with her, and then changes his attitude and hates her, like a man who hates his wife, she had already become his wife, and thus she is Jewish and can be sent away only with a bill of divorce.50Further, 24:1.
It is possible that the sense of the verse is to state that, if he cohabits with her and desires her, she shall become his wife. If he cohabits with her, however, and she is not enticing to him and he does not desire her, similar to the affair of Amnon with Tamar,49II Samuel 13:15. he must let her go where she pleases, everything depending upon this cohabitation. For, if after he cohabited with her [the first time] she tarried with him for days and he cohabited with her, and then changes his attitude and hates her, like a man who hates his wife, she had already become his wife, and thus she is Jewish and can be sent away only with a bill of divorce.50Further, 24:1.
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Rashbam on Deuteronomy
לא תתעמר, an expression used to describe slave trade, trade in human beings. (Compare 24,7)
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