Ki Tetze
Deuteronomy 21:10 - 25:19
Précis: The parasha might be subtitled “entering society” because it describes the creation of a just and moral social network. It begins with the phrase “when you go forth” (ki tetze) to battle. This parasha, according to Maimonides, contains 72 mitzvot (commandments). Although they may seem unrelated, they all deal with the morals and values that God wanted to be deeply implanted in the Israelites' society. They cover a wide variety of topics, from family life, human kindness, respect for property and animals, the safety of others, sexual relationships, escaped slaves, financial loans and charging interest, keeping promises, and remembering to blot out the name of one of Israel's greatest enemies. This assortment of commands included requirements that there be sex-distinct clothing; that mother birds not be separated from their eggs; that roof-tops have parapets; that seeds not be mixed in a field, and that “tzitzit” (fringes) be worn on garments.
Deut. 21:10-14 “When you go forth to battle against your enemies… and you see among the captives a woman who…you would have for a wife, you will … shave her head and cut her nails. And she will … mourn for her parents for a full month, and after that you may take her and you will be her husband and she will be your wife.”
The parasha opens with a stark prophesy: when – not if – you go to war, you will take female captives and if you want them, you can have them. This, at first blush, seems to describe centuries of warfare: war, killing, capture, rape. It seems to be remarkably similar to the actions of ISIS!
But there are important differences at work here. The Israelite soldier cannot take the woman immediately. She is provided 30 days’ respite to mourn for her family, during which time her hair and nails are cut and she dons the clothing of a mourner. All seems designed to make her less attractive to her captor. At the end of the time frame, if the Israelite still wants her, he may marry her; otherwise, she is set free; specifically, she may not become a slave, because she has suffered sufficiently already.
The rabbis view these provisions as a way to limit the sexual violence that was widely associated with military action. While we can recognize the Torah’s text is only a limited ban on sexual activity here (after all, the captive woman can be forced to marry her captor), nevertheless we can see that our text takes the initial steps of protecting captive women. Rashi goes further, and links this passage, with the next verses (15-20) dealing with a "hated wife" (whose children must be treated fairly) and the "rebellious son" (who could be put to death). Rashi suggests that taking a captive woman to wife will lead her to being hated, and that offspring will be stubborn and rebellious. By connecting these concepts, Rashi underlines the consequences of acting on our shallowest urges.
We know from the headlines that rape is more than a mere byproduct of modern warfare. Rape is now another instrument of violence by ISIS, other terrorist groups from Africa to India, from parts of the former Soviet Union to drug lords in Central America. Rape is a weapon to demoralize women, their families, and entire societies
Rashi and the Sages reject the concept of sexual predation as a means of warfare, and as Jews, we must voice our own protests against its existence in today’s world.
