Chapter 8: Laws of the Yefat To’ar and Conduct in Captive Territory
Halacha 1 – Permitted Foods in Enemy Territory
When Israel’s army enters enemy territory and captures it, soldiers may eat non‑kosher meat—including neveilot, tereifot, and even pork—if no other food is available. They may also drink wine used for idolatry. This heter is derived from the Oral Tradition and interpreted from “houses filled with all the good things,” meaning even forbidden foods.
Halacha 2 – Initial Relations With a Yefat To’ar
A soldier may have relations with a beautiful captive woman if his inclination overwhelms him.
However:
- He may not have relations a second time until he brings her to his home.
- He may not have relations and then send her away.
- This is a limited concession to human desire.
Halacha 3 – Parameters of the Heter
Relations are permitted only:
- While she is still a captive,
- Whether she is a virgin or previously married (since gentile marriages are not halachically valid).
Derived laws: - “And you desire”—even if she is not beautiful.
- “Her”—only one woman, not two.
- He may not take her for others.
- He may not force her during battle; relations may occur only after bringing her to a private place.
Halacha 4 – Kohanim and the Yefat To’ar
A priest may also have initial relations with a yefat to’ar, because this heter is a concession to human inclination.
However, he may not marry her afterward, since she is a convert, and kohanim may not marry converts.
Halacha 5 – Required Procedure After Capturing Her
After the first act of relations:
- If she wishes to convert, she may immediately immerse for conversion.
- If not, she must live in his house for 30 days while mourning:
• her parents,
• her homeland,
• her idolatry.
She must grow her nails, shave her head, and appear unattractive so that his desire diminishes.
She must remain visible to him—entering and leaving constantly—so he will tire of her unless he truly wants to marry her.
Halacha 6 – Marriage and Restrictions
He must wait three months before marrying her (one month mourning + two months).
Marriage requires full kiddushin and a ketubah.
If he does not want her:
- He must release her as a free woman.
- Selling her violates a negative commandment (“You may not sell her”).
- Forcing her into servitude also violates a negative commandment (“lo tit’amer bah”).
Halacha 7 – Refusal to Convert
If after twelve months she still refuses conversion:
- She must accept the Seven Noahide Laws.
- Once she accepts them, she becomes a ger toshav (resident alien).
- The captor may not marry her since she has not converted.
Halacha 8 – Status of a Child From Initial Relations
If she conceives from the initial permitted act:
- The child is a convert, not halachically the captor’s offspring.
- The court immerses the child and assumes responsibility.
Examples: - Tamar was conceived from David’s initial relations with a yefat to’ar.
- Avshalom was conceived after marriage; thus Tamar and Avshalom were maternal siblings only.
Halacha 9 – Idol-Worshipping Captives and Cities
If after twelve months she refuses to abandon idolatry, she must be executed.
Likewise, a city cannot be granted a peace treaty unless they:
- Renounce idolatry,
- Destroy their temples,
- Accept the Seven Noahide Laws.
A gentile under Jewish control who refuses these commandments must be executed.
Halacha 10 – Torah Given Only to Israel and Converts
Torah and mitzvot were given as Israel’s inheritance and to converts.
We do not force gentiles to accept Torah, but Moses was commanded to ensure they accept the Seven Noahide Laws.
If they refuse, they are executed.
Acceptance of Noahide Laws must be before three Torah scholars.
If a gentile agrees to circumcise but fails to do so after twelve months, he is considered fully non‑Jewish.
Halacha 11 – Status of Pious Gentiles
A gentile who accepts and fulfills the Seven Noahide Laws because God commanded them through Moses is counted among “the pious of the nations” and merits the World to Come.
If he keeps them only by his own reasoning, he is not considered:
- a ger toshav,
- one of the pious gentiles,
- nor one of their wise men.
