Why must the Y'fas To'ar remove the clothes in which she was captured?
Rashi and Rashbam: In order to change from the beautiful clothes - that she wore during the war to distract the enemy and lure them into commiting adultery with her 1 instead of fighting - into 'clothes of widowhood' - Sifri (in order to make her look ugly - Rashbam)
Ramban (in Pasuk 12): In order to change into mourning attire. 2
Riva: Because it is inappropriate to serve Hashem in the same clothes in which she worshipped Avodah Zarah. 3
Why does the Torah see fit to add "Veyashvah be'Veisecha"?
Rashi: When her captor enters the house he stumbles over her and when he leaves he stumbles over her, and sees her in her state of ugliness. 1
Ramban (in Pasuk 12): She may not leave his house during the month-long period of mourning. 2
"u'Vachsah es Avihah ve'Imah". What is the significance of crying for her father and mother?
Rashi #1: His Jewish wife is happy whilst she is sad; 1 his Jewish wife is beautifully adorned, whilst she looks ugly. 2
Rashi #2 (in the original manuscript): Ramban #1 (in Pasuk 12, according to R. Akiva): Her father and mother in this Pasuk apply to the Avodah-Zarah 3 that she has been forced to abandon against her will and over which she is now mourning. 4
Ramban #2 (citing the Ibn Ezra): The Torah allows her to mourn and weep for the loss of her parents like one weeps and mourns the loss of a relative ? in honor of her parents.
Ramban #3 (citing the Moreh Nevuchim): It is out of pity for the captive, since crying and mourning help remove the pain and calm one down. 5
Ramban #4: It is to remove from her mouth and from her heart all mention of Avodah-Zarah and to snuff out all lingering thoughts about her parents and her people. 6
Rambam (citing the Yerushalmi): It supports the thirty days of mourning that the Chachamim instituted for a deceased relative.
Seforno: Crying will cause her to eventually forget about her father and mother 7 ? as the Pasuk writes in Tehilim, 45:11 "Veshich'chi Ameich u'Veis Avich".
Ba'al ha'Turim: To hint that, just like the moon's light is blemished compared to that of the sun, so too is a Nochris despised compared to a Bas Yisrael.
Oznayim la'Torah: Irrespective of why she is crying, from the fact that making a captive cry is confined to a Y'fas To'ar it is evident that the objective is to make her look bad in the eyes of her captor in order to reject her.
And mourning over her father and mother from whom she has been separated.
All in order to discourage him from retaining her. The Ramban too, cites this as the reason for the obligation to induce her mourning ? See answer #2.
Ramban: As in Yirmiyah, 2:27 "Omrim la'Eitz 'Avi Atah'... ' ". See Torah Temimah, note 83.
Ramban: Presumably, Beis-Din immersed her against her will - like they immerse slaves, and it is because she is being converted against her will that the Torah forbids her on her captor during this entire period.
Ramban: During that time, he is neither allowed to coerce her into changing her religion nor to be intimate with her, since it is not correct to force a woman to be intimate whilst she is in mourning ? See Nedarim, 20b.
See Torah Temimah, note 85.
Seforno: She is not crying over their death, since we do not kill her mother.
What if she is not crying for her father and mother because she wants to convert?
Yevamos, 47b: Then she is permitted to convert immediately and is exempt from everything listed in the current Pesukim. 1
See Torah Temimah, note 82.
What are the connotations of "Yerach Yamim? Why does the Torah insert the words ve'Achar-Kein ..."?
Sifri #1 (according to R. Eliezer) and Yevamos, 48b #1: "Yerach Yamim" is thirty days 1 (And the Chachamim based the thirty-day mourning period on this Pasuk ? Yerushalmi). 2
Sifri #1 (according to R. Akiva), Targum Yonasan and Yevamos, 48b #2 (according to R. Shimon ben Elazar): "Yerach" is thirty days, "Yamim", another thirty and "ve'Achar-Kein" another thirty 3 - to teach us that he is only permitted to be intimate with her after the ninety days of 'Havchanah' (to distinguish between the Zera of her Nochri husband and the captor). 4
Kidushin, 68b: "ve'Achar-Kein" implies that beforehand, Kidushin would not have been effective - to teach us that if someone betroths a Nochris, the Kidushin is not valid. 5
What are the implications of the word "u'Ve'altah"?
Rashi (in Kidushin 22a) and Ramban #1: It implies that it is only after the period of mourning has ended that he is permitted to be intimate with her. 1
Ramban #2 (citing the Sifri) nd Targum Yonasan: It implies that, after having carried out everything mentioned above and waited the necessary time period, the only thing he has to do with her is to be intimate, 2 since he cannot acquire her with money or with a Sh'tar. 3
Ramban: When the Torah wrote earlier "Vechashakta bah Velakachta l'cha le'Ishah" it meant that he may take her with the intention of living with her after he has fulfilled everything that is written in the Parshah. In the Yerushalmi, Makos 2:6, Amora'im argue about whether the first intimacy is permitted immediately. See Torah Temimah citing Yerushalmi Makos, 2:6. See also Torah Temimah and note 88.
Ramban: In fact, even the intimacy is not an act of betrothal, since she is still a Nochris when he performs the first intimacy. See also Ramban, DH 've'Al Derech ha'P'shat'. Refer also to 21:13:6:1.
See Torah Temimah, note 89.
What are the ramifications of "Vehaysah l'cha le'Ishah"?
Ramban (citing the Sifri): He is now obligated to fulfill all the marital obligations listed in Mishpatim Sh'mos, 21:10. 1
"Vehaysah l'cha le'Ishah". When does this take place?
Ramban: Even if there is a Heter for the first intimacy, before the entire Parshah (a month of mourning, changing her clothes, cutting her hair?), she is still a Nochris. The Kidushin cannot therefore take effect until after the conversion at the end of the month - via the second intimacy, when - the Torah decrees, she becomes his wife 1 even if she does not consent either to the conversion or to the Kidushin.
Riva (in Pasuk 11): Refer to 21:13:5:4 and note.
Sifri: And he is obligated to give her 'She'er, K'sus ve'Ona'ah - Se Mishpatim Sh'mos, 21:10.
What are the implications of the word "u'Ve'altah"?
Sifri and Targum Yonasan: It implies that, after having carried out everything mentioned above and waited the necessary time period, he acquires the Y'fas To'ar with Bi'ah alone. 1
According to R. Shimon ben Elazar, since one may coerce a captive to immerse and become an Eved Cana'ani, and one may free a slave against his will, why is a Y'fas To'ar not permitted without the entire Parshah?
Riva (in Pasuk 11): The Torah permitted her due to the Yeitzer ha'Ra, for sometimes one cannot wait (to make her a Shifchah, and free her).
Riva citing Ri: [R. Shimon ben Elazar] permits only if he initially seized the person to be a slave.
Perhaps the Parshah is needed to permit a married Nochris; if not, she is forbidden (refer to 21:11:151:1,3 & 4 and notes - PF). 1
Why do we need a D'rashah to permit an Eishes Ish according to the opinion that permits Bi'ah only after conversion? Presumably, after conversion, her old marriage is Batel! Perhaps the D'rashah is needed only to permit theft. (PF)
According to R. Shimon [ben Elazar], since one may coerce her to immerse and become a Shifchah, and free her and be one may immediately who will ever fulfill this Parshah (a month of mourning?)?
Refer to 21:13:151:2 & 3.
Is a Kohen permitted to take a Y'fas To'ar?
Riva (in Pasuk 11, citing Kidushin 21b): Amora'im argue over this. Some say that all opinions forbid the first Bi'ah, and they argue over the second one;. 1 wheress, according to others all opinions permit the second Bi'ah and they argue over the first one. 2
Riva: Why is this a question? Pinchas (a Kohen) was permitted the captives [from Midyan] ? "ve'Chol ha'Taf ba'Nashim? Hachayu lachem" (Bamidbar 31:18)! I heard that the Heter of Y'fas To'ar was only after they conquered and divided Eretz Yisrael. (Perhaps there is a printing mistake. Tana'im argue (Kidushin 78a) about whether we learn from there that one who converted before three years is permitted to a Kohen; or, "lachem" is only for slaves, but not for wives! Perhaps the Riva justifies the opinion that permits; you cannot say that the Heter was due to Y'fas To'ar. ? PF)
Our Gemara give two versions of the argument ? opposite to this! a. All opinions permit the first Bi'ah, due to the Yeitzer ha'Ra, and they argue over the second Bi'ah, which some forbid because she is a convert; whilst others say that once she is permitted, she is permanently permitted. b. All opinons forbid the second Bi'ah since she is a convert, and they argue over whether the first Bi'ah is permitted due to the Yeitzer ha'Ra! (PF)
What is the definition of "Yerach Yamim"?
Sifri #1 (according to R. Akiva) and Targum Yonasan: "Yerach" implies one month (thirty days), 1 and "Yamim" adds two - a total of three months. Due to this abstention, there will be no Safek as to whether her children were conceived before or after conversion.
Sifri #2 (according to R. Eliezer): It is one month, like the simple meaning.
Ba'al ha'Turim: The Torah inserts the word "Yerach" to hint that just like the moon's light is blemished compared to that of the sun, so too is a Nochris despised compared to a Bas Yisrael.
Rambam (citing the Yerushalmi): In any event, the Chachamim supported the thirty days of mourning from this Pasuk. 2
