(I’ve taken the liberty to transcribe the following chapter from Rushdoony’s commentary on Deuteronomy chapter 21:10-14 so that it can be studied by those of my friends who do not currently have access to the book.)
10 When you go to war against your enemies and the LORD your God delivers them into your hands and you take captives, 11 if you notice among the captives a beautiful woman and are attracted to her, you may take her as your wife. 12 Bring her into your home and have her shave her head, trim her nails 13 and put aside the clothes she was wearing when captured. After she has lived in your house and mourned her father and mother for a full month, then you may go to her and be her husband and she shall be your wife. 14 If you are not pleased with her, let her go wherever she wishes. You must not sell her or treat her as a slave, since you have dishonored her.
This is both a law of marriage and of war. Its purpose is to bring moral order to the brutality of warfare. In this century, the treatment of women during war, and in the aftermath, is a grim story of barbarism. This law is designed to prevent the misuse of captive or enemy women.
It must be noted that the captive girl who is desired cannot be raped, nor can she be made a concubine, i.e., a wife without a dowry. She is deliberately called a wife and must be treated as such. It is her standing under law.
No Canaanite woman could be married (Deut. 7:2). The law deals with non-Canaanites. The captive woman either trimmed her hair, or shaved her head, according to some, to indicate her changed status. Paring her nails was ritual of purification as was cutting the hair.
She could not be treated as a concubine nor as a slave. If, either during the month prior to marriage or at some point after, the man decided not to marry, or decided to divorce her, he had to treat her honorably. Ancient Hebrew law forbade divorcing her when she was ill. She was not to be sent away empty-handed. The protection given to the cpative girl was thus a deterrent to rash decisions, before and after she was taken captive. The law prevented her use merely for sexual purposes. She was to be seen as a wife from start to finish. The relationship had to be a legal one. As Hoppe noted, on divorce, “she does not revert to her former status but is given the freedom due any Israelite woman.” [Leslie J. Hoppe, OFM, Deuteronomy (Collegeville, MN: Liturgical Press, 1985), 66]
This law makes it clear that the ‘purity’ of Hebrew blood was not a factor. Moreover, whereas in modern Jewish practice, the woman, the mother, determines whether or not the child is Jewish. In Hebrew practice the child’s status was determined by the father. Here as welswhere there is often a gap between biblical law and modern Jewish practice.
If the husband rejected the captive woman, he had to send her “whither she will” (v.14). The determination rested with her. If there were children, loss of them would be a deterrent to the husband. Her freedom is insisted on by this law, and this was a check on arbitrariness by the man.
The Bible recognizes only one kind of lawful sexuality, within marriage. As Erdman noted, “The regulation was designed to allow no other form of union other than that of lawful marriage.” [Charles R. Erdman, The Book of Deuteronomy (Westwood, NJ: Flemming H. Revell, 1953), 62]
With marriage, the captive girl ceased to be a captive and became a wife in the covenant community. As Morecraft noted,
“This law limits a person in authority, i.e. the head of the house, in his authority over his wife. Because men are sinners, God gives laws to govern and to limit and to guide him in his use of authority, lest he abuse it as a tyrant. Here we are taught that a husband is not to treat his wife as a slave, or a “thing” to be used and discarded at will, disregarding her personality character, personhood, and welfare. His headship is to be a loving headship. [Joseph C Morecraft III, A Christian Manual of Law: An application of Deteronomy (Atlanta, GA: Atlanta Christian Training Center, n.d.), 64]
The children went with the innocent party in a divorce. The captive girl made wife “had all the rights” of every covenant woman and the same standing in the law. [Samson Raphael Hirsch, The Pentateuch, vol. 5, Deuteronomy, trans. Isaac Levy, 2nd ed. rev., pg. 409] The usual practice among other peoples of antiquity and more recently has been to regard all captive women either as slaves or as nonersons with no standing before the law.
John Gill’s studies of Hebrew texts indicated that the captive woman could be a widow or a virgin. The month’s delay thus was also to give time for her instruction in and conversion to the faith. [John Gill, Gill's Commentary, Vol 1, 766] The month’s delay would also give time to determine whether or not the woman was already pregnant.
Calvin saw this law as “a toleration” on God’s part as well as a regulation. [John Calvin, Sermons on Deuteronomy, 742]
A very important aspect of this law is in the concluding words to the husband requiring that the captive woman made a wife had to be treated as any Hebrew woman. The law states that the reason for this is “because thou hast humbled her” (v.14). This is a term normally reserved for cases of rape and seduction. The capture of a woman, and then marriage to her, meant that she had to be treated well precisely because she was a captive women originally.
In Exodus 22:16-17, the seduced girl had to be given a dowry even if the father of the girl rejected the seducer as her husband. The term “humbled her” is used in Deuteronomy 22:24 for a case of adultery. In Deuteronomy 22:28-29 it applies also to cases of seduction, and no divorce is allowed. At the very least, in all cases where the term is used, the law militates against the man. Marriage normally is not t o begin with a “humbling” of the woman, and the man is penalized in all such cases. G. Ernest Wright observed, “there is no exact parallel to the law; its thoughtful forbearance and consideration contrast with the cruelty one otherwise associates with war.” [G. Ernest Wright, "Deuteronomy," in The Interpreter's Bible, vol. 2. 461]
Shaving or trimming the hair, and paring the nails, was at times a sign of mourning. It was, however, also a ritual signifying conversion from one religion to another. [Robert Jamieson, A.R. Fausset, and David Brown, A Commentary on the Old and New Testaments, vol. 1, 670] Many rabbinic commentators assumed that the month’s delay provided time for instruction. A captive woman would logically be receptive to it because it would enhance her status. Moreover, religious affiliations among pagans were not personal decisions; they were aspects of membership in a particular family, clan, and city-state. Given this fact, conversion could both be easy and superficial, although in the marriage of Ruth, a non-captive girl, it was a profound and intense faith.
Rules of warfare have never had much success, least of all in times such as ours and the Renaissance, times of little or no faith. A people’s words mean little without God’s authority behind them.
There is another aspect to this law that must be noted. It stipulates marriage, not promiscuity, where enemy women are concerned. The Bible, very plain spoken, tells us of the rapes of Hebrew women by foreign armies. At the same time, while unsparing of Hebrew sins, it does not record like offenses by Hebrew soldiers. Laws with respect to the treatement of women were too often capital offenses. For this reason, even the very militant modernist commentators discuss this law with respect.
Modern readers are troubled by the possibility of polygamy. Leviticus 18:18 properly translated can mean, “Neither shalt thou take one wife to another…” Polygamy is forbidden by God’s law but still regulated. Its actual incidence was low; only the very wealthy could afford it. The law limits sexuality to marriage and, while regarding polygamy as wrong, still sees marriage as a condition to be vastly preferred to promiscuity. Leviticus 18:18 has no penalty for polygamy; perhaps polygamy is its own punishment.