Thursday, January 14, 2021

Soldiers and rape

Ohr HaChaim(Devarim 21:11): Why did G‑d command this procedure of Yofas To’ar in which a man defiles himself by sexual relations with a non‑Jewish woman? This is especially problematic since it is done during the time that G‑d is doing miracles to produce victory in the battles and thus it would seem more appropriate to increase spiritual purity and closeness to G‑d. So why does G‑d permit a Jew to do such a debasing act which we know is despised by G‑d and causes greater weakening of our attachment to G‑d? It is understandable why G‑d permits eating unkosher food during battle because as the Rambam (Hilchos Melachim 8:1) correctly explains - it is allowed only if the person is hungry. However this act is not needed for his survival and is inherently disgusting. Our Sages (Kiddushin 21b) state that the only justification for this act is a tactic to deal with the Evil Inclination. This makes the question stronger since the Torah should be serving to help subdue and control the heart of the holy people during this time of battle since in fact it is G‑d doing the fighting. The answer to this question is based on an important principle that is stated in Zohar Chadash(Parshas Balak page 53). It says that with the sin of Adam many precious souls were captured by the Sitra Achara (forces of evil) and these are the souls of gerim. If you investigate you will find that a great number of great people came from the nations of the world as Ruth the Moabite illustrates. We also find (Sanhedrin 96b) that many great scholars came from the nations such as Shmaya and Avtalyon, Onkelos and many others. I will also reveal another principle that we find a pure soul attached to an impure soul and the pure soul does not have the power to positively influence the impure soul. The pure soul is thus trapped until the moment comes to be freed. An example of this is that the soul of Rabbi Chanina ben Tradyon was attached to the soul of Shechem the son of Chamor.  [Shechem was the rapist of Yaakov daughter Dinah.]. This reality is alluded to by the first letters of the words in Bereishis (34:21) as has been explained by the Kabbalists. We find that the soul of Rabbi Chanina ben Tradyon did not positively influence Shechem and departed Shechem when Shechem raped Dinah. In fact Rabbi Chanina ben Tradyon’s soul attached itself to the soul of Dinah instead of Shechem. This is alluded to in Bereishis (34:3), “His soul attached itself to her soul. [Which is usually understood to mean that Shechem loved Dinah.] It is important to keep this principle in mind… Kiddushin (21b) states that she is a married woman and of course the words of your Sages are true. However if the expression “eishes yofas to’ar” only meant that she was married it should have simply said that she was an “eishes ish.” Thus this phrased informs us that as a result of the soldier being involved in performing a mitzva (fighting for Israel) – G‑d opened his eyes  so that he could recognize that in this non‑Jewish woman that there was some inner beauty. In other words the soldier was able to recognize her holy soul which is called “yofas to’ar”. That is because holy souls radiate a powerful spiritual light. Thus the soldier is in a sensitive spiritual state because he is involved in doing a mitzva and is attached to the divine presence. He is therefore  able to recognize her holy soul and that is what he is attracted to and what he desires in her. This can also be deduced from the fact the verse says “he desires something in her” and doesn’t say “he desires her.” That is to draw attention to the fact that he does not desire the woman per se but something beautiful within her which is the aspect of good which is the pure soul. Thus even if she is physically ugly she is permitted to him because it is the beauty of her soul not her body which is determinant. In this situation there is no physical lust as I have already explained.

5 comments:

  1. This is a mystical, gilgulist explanation.




    however, mitzvot and halacha in general, should also have a rational explanation, at least on a practical level. the Torah describes the captive as eshet yefat toar, so one with a beautiful face. The Torah presumes that men behave rationally, i.e. they are more likely to be attracted to a beautiful face than an ugly one.


    The holy Ohr Hachaim was on such a high level, that he most likely did not have an animlaistic yetzer hara. However, his explantion is highly implausible - the armies consisted of thousands , or hundreds of thousands of men, and we know that throughout the Bayit Rishon, the majority of the Israelites were not always observant even of basic Torah.

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  2. " If you investigate you will find that a great number of
    great people came from the nations of the world as Ruth the Moabite
    illustrates."








    the Megillath Ruth says:




    3 Now Elimelek, Naomi’s husband, died, and she was left with her two sons. 4 They married Moabite women, one named Orpah and the other Ruth. After they had lived there about ten years, 5 both Mahlon and Kilion also died, and Naomi was left without her two sons and her husband.


    Some commentators state that Machlon and Kilion sinned greatly by marrying Moabite women - if so, what is the explanation for Ruth ? Was their sin that simply didn't convert their wives first?

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  3. This isn't actually rape, it is something slightly different.
    it is about the taking of slaves in warfare, which was the done thing in ancient times. It then describes a process of converting the slave status to a wife , and a free person. A look at the pshat doesn't actually mention rape, but marriage. the problematic issue might be whether it is against her will. however, taking of captives in wartime, for slavery is also against their will. But it offers a captive a better quality of life than slavery.

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  4. How different is this approach to that of the former EJF?
    perhaps one could argue (in an exaggerated manner) that Jews who intermarried only did it because they recognized the neshama of the non Jewish partner, and thus should liberate these souls back to Judaism where they belong...

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