21:10-14 By this law a soldier was allowed to marry his captive, if he pleased. This might take place upon some occasions; but the law does not show any approval of it. It also intimates how binding the laws of justice and honour are in marriage; which is a sacred engagement.

Verses 10-14. - If an Israelite saw among captives taken in war a woman, fair of aspect, and loved her, and took her to be his wife, he was to allow her a full month to mourn her lost kindred, and become accustomed to her new condition, before he consummated his union with her. This refers to captives from other nations than those of Canaan, with whom the Israelites were to form no alliance, and whom they were not to take captive, but either wholly destroy or render tributary (cf. Deuteronomy 7:3; Numbers 21:1, etc.; Joshua 11:19).

When thou goest forth to war against thine enemies,.... This refers to an arbitrary war, as Jarchi remarks, which they entered into of themselves, of choice, or through being provoked to it by their enemies; and not a war commanded by the Lord, as that against the seven nations of Canaan, and against Amalek; since there were to be no captives in that war, but all were to be destroyed:

and the Lord thy God hath delivered them into thine hands; given them the victory over their enemies, so that they were obliged to surrender themselves to them prisoners of war:

and thou hast taken them captive, or "led his or their captivity (b) captive"; led them captive who used to lead others, denoting their conquest of victorious nations; see a like phrase in Psalm 68:18.

(b) "et captivam duxerit captivitatem ejus", Pagninus, Montanus, Vatablus.

De 21:10-23. The Treatment of a Captive Taken to Wife.

10-14. When thou goest to war … and seest among the captives a beautiful woman … that thou wouldest have her to thy wife—According to the war customs of all ancient nations, a female captive became the slave of the victor, who had the sole and unchallengeable control of right to her person. Moses improved this existing usage by special regulations on the subject. He enacted that, in the event that her master was captivated by her beauty and contemplated a marriage with her, a month should be allowed to elapse, during which her perturbed feelings might be calmed, her mind reconciled to her altered condition, and she might bewail the loss of her parents, now to her the same as dead. A month was the usual period of mourning with the Jews, and the circumstances mentioned here were the signs of grief—the shaving of the head, the allowing the nails to grow uncut, the putting off her gorgeous dress in which ladies, on the eve of being captured, arrayed themselves to be the more attractive to their captors. The delay was full of humanity and kindness to the female slave, as well as a prudential measure to try the strength of her master's affections. If his love should afterwards cool and he become indifferent to her person, he was not to lord it over her, neither to sell her in the slave market, nor retain her in a subordinate condition in his house; but she was to be free to go where her inclinations led her.

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