By this law a soldier is allowed to marry his captive if he pleased. For the hardness of their hearts Moses gave them this permission, lest, if they had not had liberty given them to marry such, they should have taken liberty to defile themselves with them, and by such wickedness the camp would have been troubled. The man is supposed to have a wife already, and to take this wife for a secondary wife, as the Jews called them. This indulgence of men's inordinate desires, in which their hearts walked after their eyes, is by no means agreeable to the law of Christ, which therefore in this respect, among others, far exceeds in glory the law of Moses. The gospel permits not him that has one wife to take another, for from the beginning it was not so. The gospel forbids looking upon a woman, though a beautiful one, to lust after her, and commands the mortifying and denying of all irregular desires, though it be as uneasy as the cutting off of a right hand; so much does our holy religion, more than that of the Jews, advance the honour and support the dominion of the soul over the body, the spirit over the flesh, consonant to the glorious discovery it makes of life and immortality, and the better hope.

But, though military men were allowed this liberty, yet care is here taken that they should not abuse it, that is,

I.That they should not abuse themselves by doing it too hastily, though the captive was ever so desirable: "If thou wouldest have her to thy wife (Deu 21:10, Deu 21:11), it is true thou needest not ask her parents' consent, for she is thy captive, and is at thy disposal. But, 1. Thou shalt have no familiar intercourse till thou hast married her." This allowance was designed to gratify, not a filthy brutish lust, in the heat and fury of its rebellion against reason and virtue, but an honourable and generous affection to a comely and amiable person, though in distress; therefore he may make her his wife if he will, but he must not deal with her as with a harlot. 2. "Thou shalt not marry her of a sudden, but keep her a full month in thy house," Deu 21:12, Deu 21:13. This he must do either, (1.) That he may try to take his affection off from her; for he must know that, though in marrying her he does not do ill (so the law then stood), yet in letting her alone he does much better. Let her therefore shave her head, that he might not be enamoured with her locks, and let her nails grow (so the margin reads it), to spoil the beauty of her hand. Quisquid amas cupias non placuisse nimis - We should moderate our affection for those things which we are tempted to love inordinately. Or rather, (2.) This was done in token of her renouncing idolatry, and becoming a proselyte to the Jewish religion. The shaving of her head, the paring of her nails, and the changing of her apparel, signified her putting off her former conversation, which was corrupt in her ignorance, that she might become a new creature. She must remain in his house to be taught the good knowledge of the Lord and the worship of him: and the Jews say that if she refused, and continued obstinate in idolatry, he must not marry her. Note, The professors of religion must not be unequally yoked with unbelievers, Co2 6:14.

II.That they should not abuse the poor captive. 1. She must have time to bewail her father and mother, from whom she was separated, and without whose consent and blessing she is now likely to be married, and perhaps to a common soldier of Israel, though in her country ever so nobly born and bred. To force a marriage till these sorrows were digested, and in some measure got over, and she was better reconciled to the land of her captivity by being better acquainted with it, would be very unkind. She must not bewail her idols, but be glad to part with them; to her near and dear relations only her affection must be thus indulged. 2. If, upon second thoughts, he that had brought her to his house with a purpose to marry her changed his mind and would not marry her, he might not make merchandise of her, as of his other prisoners, but must give her liberty to return, if she pleased, to her own country, because he had humbled her and afflicted her, by raising expectations and then disappointing them (Deu 21:14); having made a fool of her, he might not make a prey of her. This intimates how binding the laws of justice and honour are, particularly in the pretensions of love, the courting of affections, and the promises of marriage, which are to be looked upon as solemn things, that have something sacred in them, and therefore are not to be jested with.

And she shall put the raiment of her captivity from off her,.... Her beautiful garments, and gay apparel, in which she was taken captive; and which tended to stir up the stronger affection for her, and greater desire after her; and therefore, as some think, were ordered to be removed, to abate the ardour of love to her. Jarchi observes, that the daughters of the Gentiles used to adorn themselves in war, that they might cause others to commit fornication with them; and another writer before referred to says (o), the daughters of Heathens used to adorn themselves in raiment of silk, and purple, and fine linen, and needlework, to allure and entice men with them; and therefore the law obliges to put off her beautiful garments, and clothe her with old worn out ones, that she might be less agreeable to him; though the putting off her fine clothes, and being clad with sordid ones, might be only as a token of mourning; as it was customary at such times to lay aside richer clothing, and put on sackcloth, Jon 3:6.

and shall remain in thine house: shut up there, and never stir out, as the same writer interprets it. Maimonides (p) says, that she was to be with him in the house, that going in and out he might see her, and she become abominable to him; though perhaps it was only that he might have an opportunity of observing her manners, and of conversing with her, in order to make a proselyte of her; so the Targum of Jonathan interprets it of dipping herself, and becoming a proselytess in his house; or else, as the rest, her abiding in the house, and not going out, might be on account of mourning, as follows:

and bewail her father and her mother a full month; who were either dead in the battle, or however she had no hope of seeing them any more, being a captive, and likely to be settled in another man's house in a foreign country, and so take her farewell of her father's house in this mournful manner. The Jews are divided about the sense of these words; some take them simply to signify her parents, others her idols, according to Jer 2:17. The Targum of Jonathan is,"and weep for the idols of the house of her father and her mother;''meaning not for the loss of them, but for the idolatry of her father's house she was now convinced of, being become a proselytess, according to the paraphrast; but the last seems only to have respect to the loss of her father and mother, which she was to bewail a whole month, or "a moon of days" (q); as many days as the moon is going its course, which it finishes in twenty seven days, seven hours, and forty three minutes, and this is called the periodical month; but is longer in passing from one conjunction of it with the sun to another, called the synodical month, and its quantity is twenty nine days, twelve hours, and forty four minutes. Maimonides (r) says, she was to stay in his house three months, one month of mourning, and two after that, and then he was to marry her. The reason of this the Targum of Jonathan explains, by paraphrasing the words thus,"and shall stay three months, that it may be known whether she is with child;''that is, by his lying with her before when taken with her beauty, that so he might distinguish this child begotten on her in Heathenism, from what he might have by her after marriage, which is supposed to be the case of Tamar and Absalom; but as there is no foundation in the text for a permission to lie with her before marriage, so neither for these additional months; only one month was required, which was the usual time for mourning for deceased relations; see Num 20:29.

and after that thou shalt go in unto her; and not before:

and be her husband, and she shall be thy wife he continuing to love her, and she having become a proselytess.

(o) R. Abraham Seba in Tzeror. Hammor, fol. 146. 2. (p) Ut supra. (Hilchot Melachim, c. 8. sect. 2.) (q) "luna dierum", Montanus, Piscator, Grotius. (r) Ut supra (Hilchot Melachim, c. 8.), sect. 6.

THE TREATMENT OF A CAPTIVE TAKEN TO WIFE. (Deu 21:10-23)

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.