Commento su Deuteronomio 21:14

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).

[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.

לא תתעמר, an expression used to describe slave trade, trade in human beings. (Compare 24,7)

ושלחתה לנפשה, “you will send her away on her own, etc.” Nachmanides views this instruction as indicating that the husband does not have to give that woman a formal decree of divorce. This is why the Torah has to warn him not to sell her as a slave, nor treat her as one treats a maidservant. As long as she is his wife she enjoys all the privileges a wife is entitled to. If he has started to hate her, he must release her to fend on her own as if he had raped her, [the victim of a rape cannot be forced to live with her rapist unless she consents as his wife, who is then protected by her husband not being allowed to divorce her, ever. Deut. 22. 28-29 Ed.] It is possible that the message of this verse is that if, when this captor sleeps with this woman as an expression of his wanting to marry her, all well and good. However, if he sleeps with her without commitment and she is no longer desirable for him, he must release her unconditionally. Her future relationship to her captor depends entirely on the nature of his sleeping with her once this had been permitted according to Torah law. If the relationship turns sour after she had become his wife, she is entitled to a decree of divorce just like any married woman.

Scripture informs you that you will ultimately hate her. Re”m writes: I do not know from where they expound this, etc. It seems [to me] that they expound this because it is written, והיה אם וגו', (But it shall come to pass, etc.)” and the wordוהיה is an expression of certainty [that he will hate her], and therefore they expound what they expound. You cannot say that (והיה) refers to the end of the verse [and it means that he must certainly send her away], because [if so], it should have said “אם לא תחפוץ (If you will not desire her),” in the future tense, and not “חפצת (lit. you did not want)” in the past tense. Therefore [it means] “Scripture informs you, etc.” You might ask that Rashi [already] explained above (v. 11), “However, if he does marry her, he will ultimately hate her, etc.” If so, why do we need [this verse] “but it shall come to pass, etc.” to inform of this; it is [already learnt] from the juxtaposition of these sections as Rashi explained above? The answer is in accordance to Tosefos’ explanation of Rashi, and Re”m cites this in his book and discusses it there at length, that Rashi explains in the first chapter of Kiddushin (22a): The Torah does not permit him [to have] even the first intimate relations [with her] except after doing all these actions [including marrying her]. It seems that the verse too supports him because it is written, “And afterwards you may come to her and consummate with her,” and it says afterwards, “And she will become your wife,” [implying that with this first consummation she becomes his wife]. If so, we can say that the verse, “But it shall come to pass, that if you do not desire her,” is saying that he should not even have this first marital relations with her. And from the juxtaposition of these sections we learn that beginning with the second [instance of] intimate relations and onward, that if he takes her, and forcibly converts her and takes her as a wife [for the long term], “he will ultimately hate her, etc.”

לא תתעמר בה, [the Torah now addresses the soldier, Ed] “do not treat her as a slave;” this verb is used for treating merchandise. The Torah warns the husband, or ex husband, of this prisoner of war, not to treat that woman as if she were merely chattel to be sold; (verse 24)

לא תתעמר בה means; THOU SHALT NOT USE HER AS A SLAVE. In the Persian language slavery and servitude is termed עימראה. I learned this from the work of R. Moses the Preacher.

אשר עניתה, according to the plain meaning this refers to sexual intercourse for the purpose of marriage.

לא תתעמר בה, “you must not enslave her;” Nachmanides writes, referring to Onkelos on 24,7 where he understands the letter ו in the word ומכרו as ”and,” not ”or,” that the term תתעמר does not mean that the former husband now keeps her in his household as a slave, but that he sells her in the slave market for money, treats her as chattel. Our sages (Sifri on 24,7) state that selling is not culpable until the new owner has made personal use of the newly acquired slave. They see in the word התעמר a reference to ingathering of a harvest, for instance, converting a potential into an actual. Nachmanides, personally, feels that the word corres-ponds to its plain meaning, as if it had been written with the letter א instead of ע, as it appears in Psalms 94,4 where it portrays arrogant, haughty conduct that characterizes those that not only sin but boast about it. Nachmanides quotes instances when the letters א and ע are used interchangeably.

THOU SHALT NOT ‘THITH’AMEIR’ (DEAL AS A SLAVE) WITH HER. This is like the expression ‘v’hith’amer’ (and he deal with him as a slave), and sell him.⁵¹Ibid., Verse 7. Onkelos in both cases rendered it as an expression of “trading,” and our Rabbis in the Sifre⁴⁴Sifre, Ki Theitzei 214. and in the Gemara⁵²Sanhedrin 88b. explained it as a term of “serving.” Thus it is an express negative commandment⁵³See “The Commandments,” Vol. II, pp. 249-250. against making any use of her as a bondmaid, and if he did put her to such service he is to be scourged.
It appears to me in line with the simple meaning of Scripture that thou shalt not ‘thith’ameir’ [spelled with an a’yin] is like “thou shalt not thith’ameir” [spelled with an aleph], as in the expression, all the workers of iniquity ‘yith’amru’ (bear themselves loftily).⁵⁴Psalms 94:4. The word yith’amru is spelled with an aleph. So also, Thou hast ‘he’emarta’ (acknowledged) the Eternal this day;⁵⁵Further, 26:17. He’emarta is written with an aleph. and in their splendor ‘thith’yamaru’ (you shall gain grandeur)⁵⁶Isaiah 61:6. — exchanging the aleph for a yod — are all expressions of exaltedness and greatness. ‘He’emarta’ the Eternal this day⁵⁵Further, 26:17. He’emarta is written with an aleph. means that “you have exalted and magnified Him to be thy G-d.”⁵⁵Further, 26:17. He’emarta is written with an aleph. And the Eternal ‘he’emircha’ this day⁵⁷Further, 26:18. He’emircha is written with an aleph. means that “He exalted and magnified you above all peoples to be His own treasure.”⁵⁷Further, 26:18. He’emircha is written with an aleph. All of these expressions are derived from the phrase in the top ‘amir’ (of the uppermost bough).⁵⁸Isaiah 17:6. Amir is written with an aleph. Thus the verse here states, “Do not exalt yourself nor magnify yourself, by acting as her master to sell her or to use her as a bondmaid. Similarly in Arabic they call a master amir. And the usage of the a’yin and the aleph is often identical in the [Sacred] Language. ‘Peda’eihu’ (deliver him) from going down the pit⁵⁹Job 33:24. [the word peda’eihu spelled with an a’yin] is like peda’eihu [spelled with an aleph — “deliver him”], as I have explained with reference to the word petha (suddenly).⁶⁰Numbers 12:4. So also, cherubim of ‘tza’atzuim’ work⁶¹II Chronicles 3:10. [written with an a’yin] is like [the same word spelled] with an aleph, from the word ‘hatze’etzaim v’hatzfioth’⁶²Isaiah 22:24. meaning “the sons and the daughters,” for [Onkelos] translated the Hebrew word keruvim (cherubim) as k’ruvaya⁶³Genesis 3:24. See also Vol. II, p. 450. [“like children” — and hence cherubim of ‘tza’atzuim’ work⁶¹II Chronicles 3:10. written with an a’yin is identical to the same word written with an aleph, thus meaning “work in the image of children”]. And in the language of the Sages [the a’yin and aleph] are used interchangeably, such as: omdoth (appraised) written with an a’yin, and omdoth written with an aleph;⁶⁴Yerushalmi Nazir, end of Chapter IX. Both usages are found there. — See my Hebrew commentary, p. 444, Note 65. beki’in (experts) written with an aleph, and beki’in written with an a’yin;⁶⁵See my Hebrew commentary p. 444, Note 66. adin (yet) written with an a’yin and adin written with an aleph;⁶⁶See ibid., Note 67. orchei (advocates) who advise their clients on how to plead before the judges,⁶⁷Aboth 1:8. written with an a’yin and archi (a court)⁶⁸Kiddushin 76a. written with an aleph; aris⁶⁹See my Hebrew commentary p. 444, Note 69. (a share cropper) written with an a’yin and aris written with an aleph. And we are taught [in the Mishnah]:⁷⁰Shabbath 76b. “Milk enough for gmiah [“a gulp” — if enough milk for one gulp was taken from one domain to another on the Sabbath, whoever took it is culpable]. And in the Gemara⁷¹Ibid., 77a. they asked: “Is the word gmiah written with an a’yin or an aleph, and the Rabbis resolved it by quoting the verse, ‘hagmi’ini’ (give me to drink), I pray thee, a little water⁷²Genesis 24:17. [the word hagmi’ini written with an aleph] and yet they use the same term m’gama (taking a drought) written with an a’yin, such as: “[If his teeth pain him he should not] quaff vinegar through his teeth and spit it out but m’gameia (he may take a quaff) and swallow it” [the word m’gameia written with an a’yin]. And in the Mishnah of Tractate Keilim in the Tosephta⁷³See Vol. III, p. 179, Note 124. thereof we are taught⁷⁴Tosephta Keilim Baba Bathra 3:5. concerning a mardeia (the handle of the plough) written with an aleph⁷⁵In our version of the Tosephta, though it is written with an a’yin. in place of mardeia written with an a’yin. Thus the Rabbis were not at all concerned about interchanging these two letters [the aleph and the a’yin], and so also in many places.
Now, Rashi wrote: “Thou shalt not ‘thith’ameir’ with her — you shall not use her as a slave. In the Persian language, work and service are termed amirah. I have learned this from the work of Rabbi Moshe the Preacher.”⁷⁶See Vol. IV, p. 62, Note 146. This is true, for I have seen in the Yerushalmi in [Tractate Shabbath] Chapter “Rabbi Akiba said”⁷⁷Yerushalmi Shabbath IX, 1. and in [Tractate Abodah Zarah] Chapter “All Images”⁷⁸Yerushalmi Abodah Zarah III, 6. It is not found there in our text of the Yerushalmi. the following text: “There [in Babylon] they call a good worker amira.” It is also commonly used in the Aramaic language, as is written in the Scroll of Susanna:⁷⁹One of the books of the Apocrypha. See in Ramban’s Introduction to the Commentary on the Torah (Vol. I, p. 12) where he refers to The Great Wisdom of Solomon, another of the books of the Apocrypha. In our version of the Apocrypha the text referred to here by Ramban is found, with changes, in Judith 1:8. “And the king of Assyria sent to all amira (servants) of Nineveh and to all d’amrin (who serve) on the sea coast, and to the servant of Carmel and Gilead [to come with him to the war], but all the servants of the land disregarded the commandment of Nebuchadnezzar and they were not afraid of him.” So also in many places of that book the inhabitants of a land are called “amurei of the land,” meaning those who are servants to the land and make use thereof. Or it may mean that the king of Assyria commanded the soldiers, these being called “the servants of the land,” for they are subject to the king to go with him in his wars, and they are his soldiers and his horsemen, similar to the expressions: they ‘served’ Chedorlaomer;⁸⁰Genesis 14:4. and many nations shall ‘serve’ him.⁸¹Jeremiah 27:7.

תחת אשר עניתה, “seeing that you have already humbled her.” These words still refer to the line: ושלחתה לנפשה, “you shall let her go her own way;”

BECAUSE THOU HAST HUMBLED HER. The Rabbis interpreted it in the Sifre:⁴⁴Sifre, Ki Theitzei 214. “Even after a single act.” This coincides with what we have mentioned that the Rabbis are of the opinion that he is permitted to engage in the first cohabitation with her as soon as he brings her to his home. From that moment on he is admonished against using her [as a slave] and against selling her.