Pemikiran Yahudi Ulangan 21:14: Yesod Mora VeSod HaTorah & Sefer Yesodei HaTorah

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

Kelak, apabila engkau tidak lagi menyukainya, engkau harus melepaskannya pergi ke mana pun ia mau; tetapi sekali-kali janganlah engkau menjualnya demi uang, dan janganlah engkau memperlakukannya sebagai budak, karena engkau telah merendahkannya.

Yesod Mora VeSod HaTorah

And there are passages that resemble commandments, but none of them are obligatory commandments, such as the case of a woman of beautiful appearance. The scripture does not permit taking her as a wife until certain conditions are met. Do not be puzzled by the verse in Deuteronomy 21:11 that states, "And you desire her and take her to yourself as a wife," for the meaning is similar to Pharaoh's thought in Genesis 12:19, "And take her for me as a wife," according to his own thoughts. The same applies to Balak in Numbers 21:1, "And he fought against Israel." The conclusive proof is found in Deuteronomy 21:13, which states, "And afterward, you may go in to her and be her husband, and she shall be your wife." The conditions are that he brings her into his home, does not leave her in another domain, shaves her head, and lets her nails grow, similar to the case of a leper. There is no need to mention that she must undergo ritual purification with the waters of menstruation, as it is written elsewhere in Numbers 31:19, "You and your captives." In Deuteronomy 21:13, it is stated, "And she shall remove the clothing of her captivity from upon her," which she used in idolatrous worship, as it is written in Genesis 35:2, "And change your garments." In Deuteronomy 21:13, it is also stated, "And she shall weep for her father and her mother," whether they are alive or deceased. All these conditions may cause the man to reconsider and not take her as a wife. The one who takes an Israelite woman as a wife should not impose these conditions on her, for they are more stringent than the desire he has for her. The entire passage does not contain obligatory commandments except for Deuteronomy 21:14, "You shall not sell her." Similarly, in the blessings (Birkat HaMitzvot), we are obligated to bless obligatory commandments.
Tanya RabiBookmarkShareCopy

Sefer Yesodei HaTorah

3)(Ibid. 19:20) "if he lies … with a maid-servant betrothed to a man, and she has not been redeemed (with money), or freedom has not been given to her" (by writ). This master uses his maid-servant as such and also for cohabitation. This is not the Blessed One's will. It is, rather, that he free her and take her to wife as a free woman. And if he does not free her, she is "bikoreth" (Ibid.), i.e., hefker (not "bound" to another, [see Ramban]), both vis-à-vis the master and vis-à-vis another. So that if one lies with her, he is not considered an adulterer since she has not been freed, only a free woman being considered married (as we find with respect to a yefath toar [a woman taken captive in war, Devarim 21:14: "You may not sell her since you have taken her to wife.") Now this woman, in one respect, is her master's, he having bought her and obligated himself to feed her, so that it is not fitting that she make herself hefker to others or that others treat her as hefker. Therefore, one who lies with her is a sinner. But, in another respect she is hefker, for the Torah punishes the master, that she not be to him as a married woman so long as he has not freed her. Therefore, if one sins with her, he does have some extenuation and (in this respect) an offering atones. The guilt-offerings of abuse (of sacred objects), of the Nazirite, of the leper, and the suspended guilt-offering are not relevant in this connection, for they are all brought for unwittingness or for a sin unknown to the sinner. For in respect to abuse it is written explicitly (Vayikra 5:15) "If a man commit a trespass and sin unwittingly in the holy things of the L-rd, etc." The Nazirite brings his offering to atone for a previous sin, unknown to him, wherefore he is, as it were, anathematized by G-d, who, not accepting his Naziritism, causes someone to suddenly die upon him and render him tamei (viz. Bamidbar 6:9). The leper, too, is anathematized by G-d (viz. #45), not knowing why. And, in respect to the suspended guilt-offering, it is written explicitly (Ibid. 18) "And the Cohein shall atone for him for his unwitting sin wherein he erred."
Tanya RabiBookmarkShareCopy