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The Torah provides that a Jewish soldier may, by following a specific process, take a woman captive as his wife and convert her to Judaism as an אשת יפת תואר (Devarim 21:10-14).

Is this provision currently in effect in the modern day? For example, would a Jewish Israeli soldier participating in the 2023 military actions in Gaza be permitted to take a gentile Gazan woman as an Eshet Yefat To'ar? Now, obviously, our hypothetical soldier should first CHLOR and also check current Israeli military regulations on relations with the enemy, but assuming all of those things were done and were favorable, would it be permitted under the Torah?

Alternatively, if Reuven is serving in the Russian Army today, and he finds a gentile Ukrainian woman he takes a fancy to while fighting in the war there, would the law apply? Obviously, he would have to first get Putin's permission according to dina d'malkhuta dina, but supposing he did get such permission, would Torah law then permit him to complete the acquisition?

Obvious possible answers:

  • The law applies to the present day.
  • The law applies to the present day only for wars fought in Eretz Yisrael and/or as part of a majority Jewish military force.
  • The law does not apply today.
Harel13
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Robert Columbia
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2 Answers2

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R Eliezer Melamed (here) addresses your question and writes it is not in effect anymore

In any event, seeing as the heter of eshet yefat toar is against the evil inclination so as to regulate the behavior of a soldier under cruel and evil societal conditions, thus saving him from transgressing more serious prohibitions.

Today, thanks to the positive influence of the Torah’s morality the laws of war among Western nations have changed for the better, both from the aspect of the status of members of defeated populations lives’ not being handed over as property to the occupiers, and also, given that military laws are enforced more effectively on soldiers.

[As such] the heter of eshet yefat toar is null and void. The law has returned to its former position, that it is forbidden for a man and a woman to maintain sexual relations outside the framework of marriage in accordance with halakha.

Harel13
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mbloch
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    Quite the chiddush – shmosel Dec 10 '23 at 19:45
  • @shmosel not necessarily: https://judaism.stackexchange.com/questions/133142/mitzvot-that-regulate-undesirable-practices-and-behaviour-designed-to-bring-a-g – Rabbi Kaii Dec 11 '23 at 14:57
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    @RabbiKaii So the third temple won't have sacrifices now that society is so over that? – shmosel Dec 11 '23 at 18:37
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    @shmosel did you see the Rambam in Maurice's answer? That may indicate yes, according to that understanding of that opinion – Rabbi Kaii Dec 11 '23 at 18:38
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    @RabbiKaii The Rambam doesn't say mitzvos are voided once they're determined to be anachronistic. That's what the Reform say. – shmosel Dec 11 '23 at 19:32
  • @shmosel I'd say it's closer to what Christian's say, and I'd say Rambam wouldn't be in agreement with Christian's or Reform on this, but that question would be the place to discuss/bring sources for that, not here – Rabbi Kaii Dec 11 '23 at 19:38
  • Based on this Sicha from the Rebbe, it seems like the idea that any mitzvah can become obsolete is problematic. https://drive.google.com/file/d/1THJGAnh3HeUuFxBoveBnkRMjjFvLNLMj/view?usp=drivesdk However, he says it is possible for the situation in which the mitzvah is applicable to cease to exist. In this case, perhaps we may not have yefat toar because we may not have any Torah mandated wars anymore (since wars of the state of Israel probably don't exactly correlate even with optional wars under a Jewish monarchy). BTW, even if you disagree with all that, the Sicha is awesome, recommend. – Ethan Leonard Dec 17 '23 at 15:51
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That is specifically said by a milchama in Eretz Yisrael - meaning right now we have no malchus, we are officially kicked out of Eretz Yisroel - there happens to be a country ran by Jews there, but just like shemitah midioraisa doesn't apply just because there is a country in Eretz Yisroel that happens to be ran by Jews, the concept of milchemes reshus etc. wouldn't apply.

Kovy Jacob
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    Poskim discuss whether shemitta will be again dorayta once a majority of Jews will live in Eretz Israel – mbloch Dec 10 '23 at 15:15
  • Re status of this war as a milchemes mitzvah, see https://judaism.stackexchange.com/a/137996/11501 – mbloch Dec 10 '23 at 15:16
  • @mbloch I'm not farmiliar with that, that sounds quite interesting - were could I read up on it? But either way we aren't at that point, but my point is that a state that happens to be ran by Jews which is in the land of Israel does not reapply the dinim of malchus. Even by a milchemes reshus they would ask the Urim Vetumim - it wasn't like the modern state of Israel just with a beis hamikdash. It was a whole different metzius. – Kovy Jacob Dec 10 '23 at 15:17
  • @mbloch Again I don't think that would make it a milchemes mitzvah within the framework of malchus Yisroel, bezman sheyadeinu tekifa, etc - it may very well be a mitzvahh to protect Jewish lives, And I'd want to see that Rambam, seems like the type of thing that could be taken a bit out of context. – Kovy Jacob Dec 10 '23 at 15:19
  • R Aviner and R Breitowitz think it would make it a milchemes mitzvah ... – mbloch Dec 10 '23 at 15:31
  • @mbloch But that doesn't mean within the framework of a malchus Yisrael, when Hashem tells the Yidden directly go do this, or when there is nevi'im and a Sanhedrin - it could still be a milchama of mitzva while not being the exact same as before Galus. – Kovy Jacob Dec 10 '23 at 15:34
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    Why would eshes yefas to'ar only apply to a milchemes mitzva? Or even only in eretz Yisrael? – Lo ani Dec 10 '23 at 18:30
  • @Loani that's what it explicitly states in Sefer HaChinuch 532 (the latter, the former is implied) – Rabbi Kaii Dec 11 '23 at 15:00
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    @RabbiKaii that should be sourced, then – Lo ani Dec 11 '23 at 15:08