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.

Then thou shalt bring her home to thine house,.... In order to make her his wife, after some things were done here directed to; for this is not to be understood of his taking her home with a view to defile her, as Maimonides (e) interprets it; who observes, that when a man's lust so rages that he cannot subdue it, yet he ought not publicly to satisfy his lust, but to have the woman into a private and secret place, as it is said:

thou shalt bring her into the midst of thine house; nor was he permitted to lie with her in the camp, nor was it lawful for him to defile her a second time, until her mourning was at an end; though elsewhere (f) he gives a different sense of this passage, and supposes the man to have lain with the captive woman, before the introduction of her into his house; for it is a notion that prevails with the Jewish writers, that an Israelitish soldier might lie once with an Heathen woman taken captive, to gratify his lust, but might not repeat it; so it is said in the Talmud (g); yet it must be observed, that there are some, though but few, who are of opinion that the first congress was unlawful, and that he might not touch her until certain conditions were fulfilled, and they were married, as R. Jochanan (h); and which is embraced, supported, and defended by Abarbinel on the place, and in which he is undoubtedly right; and so it is understood by Josephus (i) and Philo (k); for this law gives no liberty nor countenance to the violation of the beautiful captive. The plain meaning is, that when a Jewish soldier was passionately in love with a captive, and was desirous of making her his wife, he was to take her home to his house, where she was to remain, to see whether his passion of love would subside, or the woman become a proselyte, or however till certain rites were observed, and then he was permitted to marry her:

and she shall shave her head; either that she might be the less engaging, her flowing locks, or plaited hair, or modish headdress, being removed from her, which had served to excite a passion for her; or as a token of mourning for her present afflicted state and condition; and in afflicted circumstances it was usual to shave the head; see Job 1:20; and though it was forbidden the Israelites, yet not Gentiles; Deu 14:1.

and pare her nails; this and the former some think were ordered to make her fit to be his wife, and were a sort of purification of her, and an emblem of her having renounced Heathenism, and having departed from it, and laid aside all superfluity of former naughtiness; but this phrase is interpreted in the Targum of Onkelos, "let her nails grow"; and so the Arabic version: and this the Jewish writers say was ordered to be done, that she might appear ugly and disagreeable to him, and be abhorred by him; so Jarchi, Aben Ezra, and Ben Melech; the same is observed by Maimonides (l), and is the sense of R. Akiba (m). Another of their writers (n) think it refers to a custom in some nations to dye their nails."The daughters of the Heathens (he says) used to adorn the nails of their hands and feet, and dye them with various colours, according to the custom of the Ishmaelites (or Turks); that there might be a variety in their hands, and men might look at them, take them and handle them until the fire of hell, and an evil concupiscence, burned; wherefore this is ordered that they might let them grow, without any preparation or die.''But perhaps this neglect of their nails, and suffering them to grow, was in token of mourning as well as shaving the head, as also sometimes even paring the nails was done on the same account.

(e) Moreh Nevochim, par. 3. c. 41. (f) Hilchot Melachim, c. 8. sect. 2. (g) T. Bab. Kiddushin, fol. 21. 2. (h) Apud Abarbinel in loc. & R. Sol. Urbin. Ohel Moed, fol. 14. 1. (i) Antiqu. l. 4. c. 8. sect. 23. (k) De Charitate, p. 706. (l) Ut supra. (Hilchot Melachim, c. 8.) sect. 5. (m) In T. Bab. Yebamot, fol. 48. 2. (n) R. Abraham Seba in Tzeror Hammor, fol. 146. 2.

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.