Pemikiran Yahudi Ulangan 21:10: Akeidat Yitzchak, Kuzari & Guide for the Perplexed

Sifri Parshat Ki Teytze comments: "when you go out to war," the Torah discusses wars of aggression. "And the Lord will give into your hand;" if you will do things in the order prescribed, then eventually the Lord will give into your hand."

35. The Rabbi: Far from it. If the consonantic text of the Mosaic Book requires so many traditional classes of vowel signs, accents, divisions of sentences and masoretic signs for the correct pronunciation of words, how much more is this the case for the comprehension of the same? The meaning of a word is more comprehensive than its pronunciation. When God revealed the verse: 'This month shall be unto you the beginning of months' (Exodus 12:2), there was no doubt whether He meant the calendar of the Copts--or rather the Egyptians--among whom they lived, or that of the Chaldæans who were Abraham's people in Ur-Kasdim; or solar [or lunar months], or lunar years, which are made to agree with solar years, as is done in embolismic years. I wish the Karaites could give me a satisfactory answer to questions of this kind. I would not hesitate to adopt their view, as it pleases me to be enlightened. I further wish to be instructed on the question as to what makes an animal lawful for food; whether 'slaughtering' means cutting its throat or any other mode of killing; why killing by gentiles makes the flesh unlawful; what is the difference between slaughtering, skinning, and the rest of it. I should desire an explanation of the forbidden fat, seeing that it lies in the stomach and entrails close to the lawful fat, as well as of the rules of cleansing the meat. Let them draw me the line between the fat which is lawful and that which is not, inasmuch as there is no difference visible. Let them explain to me where the tail of the sheep, which they declare unlawful, ends. One of them may possibly forbid the end of the tail alone, another the whole hind part. I desire an explanation of the lawful and unlawful birds, excepting the common ones, such as the pigeon and turtle dove. How do they know that the hen, goose, duck, and partridge are not unclean birds? I further desire an explanation of the words: 'Let no man go out of his place [on the seventh day]' (Exodus 16:29). Does this refer to the house or precincts, estate--where he can have many houses--territory, district, or country. For the word place can refer to all of these. I should, further, like to know where the prohibition of work on the Sabbath commences? Why pens and writing material are not admissible in the correction of a scroll of the Law (on this day), but lifting a heavy book, or a table, or eatables, entertaining guests and all cares of hospitality should be permitted, although the guests would be resting, and the host be kept employed? This applies even more to women and servants, as it is written: 'That thy manservant and thy maidservant rest as well as thou' (Deuteronomy 5:14). Wherefore it is forbidden to ride [on the Sabbath] horses belonging to gentiles, or to trade. Then, again, I wish to see a Karaite give judgment between two parties according to the chapters (Exodus 21) and (Deuteronomy 21:10, sqq). For that which appears plain in the Tōrāh, is yet obscure, and much more so are the obscure passages, because the oral supplement was relied upon. I should wish to hear the deductions he draws from the case of the daughters of Zelophehād to questions of inheritance in general. I want to know the details of circumcision, fringes and tabernacle; why it is incumbent on him to say prayers; whence he derives his belief in reward and punishment in the world after death; how to deal with laws which interfere with each other, as circumcision or Paschal lamb with Sabbath, which must yield to which, and many other matters which cannot be enumerated in general, much less in detail. Hast thou ever heard, O King of the Khazars, that the Karaites possess a book which contains a fixed tradition on one of the subjects just mentioned, and which allows no differences on readings, vowel signs, accents, or lawful or unlawful matters, or decisions?

To the same class belongs also the law concerning “the marriage of a captive woman” (Deut. 21:10 seq.). There is a well-known saying of our Sages: “This law is only a concession to human weakness.” This law contains, nevertheless, even for the nobler class of people, some moral lessons to which I will call your attention. For although the soldier may be overcome by his desire which he is unable to suppress or to restrain, he must take the object of his lust to a private place, “into the inner of his house” (Deut. 21:12), and he is not permitted to force her in the camp. Similarly our Sages say, that he may not cohabit with her a second time before she leaves off her mourning, and is at ease about her troubles. She must not be prevented from mourning and crying, and she must be permitted to abstain from bathing, in accordance with the words, “and she shall weep for her father and for her mother” (ibid.); for mourners find comfort in crying and in excitement till, the body has not sufficient strength to bear the inner emotions; in the same manner as happy persons find rest in various kinds of play. Thus the Lord is merciful to her and gives her permission to continue her mourning and weeping till she is worn out. You know certainly that he married her as a heathen, and that during the thirty days she openly keeps her religion and even continues her idolatrous practices; no interference with her faith was allowed during that time; and after all that she could not be sold, nor treated as a handmaid, if she could not be induced to accept the statutes of the Law. Thus the Law does not ignore the cohabitation of the Israelite with the captive woman, although it involved disobedience to God to some extent, having taken place when she was still a heathen. The Law prescribes: “Thou shalt not make merchandise of her, because thou hast humbled her” (ibid. 14). We have thus shown the moral lessons contained in these laws, and we have explained the reason of every precept of this section.