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Captivity
Sources
A
that
redeeming captives is a great mitzva.
Rava said to Rabba bar Mari:
Concerning
this matter that the Sages stated, that redeeming captives is a great mitzva, from where is
it derived? Rabba bar Mari
said to him: As it is written: “And it shall come to pass, when they say to you: To where shall we depart? Then you shall tell them: So says the Lord: Such as are for death, to death; and such as are for the sword, to the sword; and such as are for famine, to famine; and such as are for captivity, to captivity”
(Jeremiah 15:2)…
Bava Batra 8b:1-2
MISHNA:
With regard to
a city that was conquered by
an army laying
siege, all the women
married to
priests located in
the city
are unfit
and forbidden to their husbands, due to the concern that they were raped.
And if they have witnesses, even
if the witness is
a slave, even
if the witness is
a maidservant,
both of whom are generally disqualified as witnesses,
they are deemed credible. And a person is not deemed credible
to establish his status
by his own
testimony…
Ketubot 27a:7
GEMARA:
A dilemma was raised before
the Sages: With regard to
this
expression:
For the betterment of the world,
is
it due to the
financial
pressure of the community?
Is the concern that the increase in price will lead to the community assuming financial pressures it will not be able to manage?
Or perhaps
it is
because
the result of this will be
that they will not seize and bring additional
captives, as they will see that it is not worthwhile for them to take Jews captive?…
Gittin 45a:14-16
The Gemara notes:
From
the statement
of Rabban Shimon ben Gamliel, it is learned
that the court authorizes
a relative,
who is the heir apparent, to
descend
and manage
the property of a captive.
A bailee who sells rotting produce is like one returning a lost item to the owner; one who manages the property of a captive who is unable to do so himself should have the same status.
From
the statement
of the Rabbis,
who say that the bailee may not touch the rotting produce…
Bava Metzia 38b:7-13
A husband's word is not accepted if he testifies that his wife who was taken captive was not defiled. Similarly, her maid-servant may not testify on her behalf. A maid-servant belonging to her husband, however, may testify on her behalf. And statements made by her maid-servant in the midst of conversation are accepted.
Mishneh Torah, Forbidden Intercourse 18:19
The court is obligated to take responsibility for the property belonging to a person who was taken captive or one who fled because of mortal danger.
What do they do? They entrust all the movable property to a person deemed trustworthy by the court for safekeeping. They give possession of the landed property to relatives who are fit to inherit it, so that they would work the land and care for the property until they know whether the person died or he comes.
When the person who was taken captive or who fled comes…
Mishneh Torah, Inheritances 7:5
Every moment that one delays unnecessarily the ransoming of a captive, it is as if he were to shed blood. Captives are not to be ransomed at an unreasonable cost, for the safety of society; otherwise, the enemies would exert every effort to capture victims. But a man may ransom himself at any price. So also, a scholar should be ransomed at a greater price, or even a student who gives promise of becoming a great scholar. (As to whether one's wife is considered "another" or "one's self," see Eben Ha-Ezer, 78.)…
Shulchan Arukh, Yoreh De'ah 252:3-5
שא את ראש המלקוח השבי, “count the total of the spoils of beast and humans.” The word מלקוח is a reference to the animals, the word שבי is a reference to the human prisoners. The two words fit together just as the words שמש ירח, “sun (and) moon,” without the conjunctive letter ו; (compare Chabakuk 3,11).
Rabbeinu Bahya, Bamidbar 31:26:1
THE CAPTIVES.
Shevi
(captive) is a specific term. It refers to humans. THE SPOIL.
Shalal
(spoil) refers to garments.
Ibn Ezra on Numbers 31:12:1-2
MISHNA:
In a case where witnesses testify that there are
two women who were taken captive,
and
this
woman
says: I was taken captive but I am pure, and that
woman
says: I was taken captive but I am pure, they are not deemed credible. And when this
woman
testifies about that
woman that she is pure and vice versa,
they are deemed credible.
Ketubot 23b:1
MISHNA:
With regard to
a woman who said: I was a married woman and
now
I am a divorcée, she is deemed credible
and permitted to remarry,
as the mouth that prohibited
and established that she was married
is the mouth that permitted,
and established that she is divorced.
However, if there are witnesses that she was a married woman, and she says: I am a divorcée, she is not deemed credible.
Similarly, with regard to a woman who
said: I was taken captive but I am pure,
as I was not raped in captivity…
Ketubot 22a:5
If a woman
was taken captive,
her husband is
obligated to redeem her. And if he said:
I
hereby
give my wife
her bill of divorce and
the payment of
her marriage contract, and let her redeem herself, he is not permitted
to do so, as he already obligated himself to redeem her when he wrote the marriage contract. If his wife
was struck
with illness, he is
obligated to heal her,
i.e., to pay for her medical expenses. In this case, however, if
he said:
I
hereby
give my wife
her bill of divorce and
the payment of
her marriage…
Ketubot 51a:10
Abaye said to
Rabba:
And is the rationale
for the opinion of
Rabbi Yehuda here,
in the case of a fine, to ensure
that
the
sinner will not profit? But isn’t it taught
in a
baraita
that
Rabbi Yehuda says: A captive
woman
who was taken captive
remains
in her
state of
sanctity
with the presumptive status of a virgin?
Even
if she was in captivity when she was
ten years old, her marriage contract is two hundred
dinars.
And there,
in that case…
Ketubot 36b:10-11
HALAKHAH:
“If he did not write her “if you are kidnapped I shall ransom you,” etc. “If she was kidnapped he is obligated to ransom her,” etc. It was stated: If a sister-in-law was kidnapped, the heirs do not have to ransom her. Rebbi Ḥiyya bar Ashi in the name of Rav: Not only if she was kidnapped when her husband was still alive but even if she was kidnapped after the husband’s death, the heirs do not have to ransom her. Rebbi Ḥiyya bar Aḥa: The Mishnah supports Rav: “And bring you back as wife;” there is no “wife”.
Jerusalem Talmud Ketubot 4:10:2
The Gemara relates: There were
these captive women who came to Neharde’a
with their captors so that the local residents would redeem them.
Shmuel’s father posted guards with them
to ensure that they would not enter into seclusion with gentiles.
Shmuel said to him: Until now who guarded them?
If there is concern about their status, it should be with regard to the possibility that they engaged in intercourse while in captivity before they were brought to Neharde’a.
He said to
Shmuel:
If they were your daughters…
Ketubot 23a:14-17
MISHNA:
In the case of
a woman who was imprisoned by gentiles due to a monetary
offense committed by her husband, once she is released after he pays his debt,
she is permitted to her husband,
even if he is a priest. There is no concern that they violated her because their objective is to coerce the husband to pay his debt in exchange for her release. Were they to abuse her, it is possible that he would be unwilling to pay. However, if a woman was imprisoned
due to a capital
offense and sentenced to death…
Ketubot 26b:6-7
“If somebody who works his wife’s property has the intention of divorcing her and goes and takes from the ground, he is quick and is rewarded. If somebody who works the property of prisoners heard that they prepare to return, goes and takes from the ground, he is quick and is rewarded. These are properties of prisoners: In any case where his father, brother, or any person from whom he might inherit, went overseas, he heard that they died, and he went to work the inheritance. But property of abandoning persons one takes out of their hands…
Jerusalem Talmud Yevamot 15:3:9
The Gemara comments:
Abaye and Rava do not hold
in accordance
with this
statement
of Rav Ḥisda
with regard to betrothal. In their opinion one cannot learn the
halakha
here from Rabbi Ḥanina’s statement, as there is a difference between the cases:
If
in the case of Rabbi Ḥanina the Sages
were lenient with regard to a captive woman, who makes herself appear repulsive before her captor
so that he will not rape her, and it is therefore believable that she was not violated…
Kiddushin 12b:4
§ The Gemara relates:
Berurya, the wife of Rabbi Meir, was a daughter of Rabbi Ḥanina ben Teradyon. She said to
Rabbi Meir:
It is a disrespectful matter for me that my sister is sitting in a brothel;
you must do something to save her. Rabbi Meir
took a vessel [
tarkeva
]
full
of dinars and went. He said
to himself:
If no transgression was committed with her, a miracle will be performed
for her;
if she committed a transgression, no miracle will be performed for her.
…
Avodah Zarah 18a:14-15
[The invaders] seized all the wealth of Sodom and Gomorrah and all their provisions, and went their way. They also took Lot, the son of Abram’s brother, and his possessions, and departed; for he had settled in Sodom. A fugitive brought the news to Abram the Hebrew, who was dwelling at the terebinths of Mamre the Amorite, kinsman of Eshkol and Aner, these being Abram’s allies. When Abram heard that his kinsman’s [household] had been taken captive, he mustered his retainers, born into his household, numbering three hundred and eighteen, and went in pursuit as far as Dan…
Genesis 14:11-16
Related
ראו גם
Wars
Yefat Toar
Loot
Abraham and Lot
Redemption of Captives
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