Rambam - 1 Chapter a Day

Some texts substitute idolaters for the latter term.
These leniencies are only permitted when the army enters enemy territory. Though certain Rabbinic obligations are relaxed within Eretz Yisrael (See Chapter 6, Halachah 13), all Scriptural prohibitions must be observed.

Implied by that term is an which possesses a blemish, wound, or ailment that will cause it to die within twelve months (Chullin 3:1).

The soldiers are only allowed forbidden foods if they have no alternative. However, they need not be on the point of starvation. This leniency was granted for were they required to forage for kosher food, they would place themselves in danger of enemy attack (Radbaz).

Yayin Nesech in Hebrew. The prohibition against drinking Yayin Nesech is included as one of the Torah’s 613 mitzvot. In addition, the Sages forbade drinking all wine touched by a gentile. See Hilchot Ma’achalot Assurot, Chapter 11.
The Ramban (Deuteronomy 6:10) objects to this ruling, maintaining that license was only granted in regard to the Rabbinic prohibition. However, Yayin Nesech itself is forbidden even during wartime. Other commentaries support his argument noting that idol worship and anything associated with it is included among the three sins for which a person should sacrifice his life rather than transgress.
However, other authorities defend the Rambam’s decision, noting that licentious sexual behavior is also one of these three sins for which for which a person should sacrifice his life and, as stated in the following halachah, soldiers are allowed relations with gentile women in wartime (Or Sameach).

See Chullin 17a.

The Ramban (loc. cit.) questions the Rambam’s statements, noting that this verse refers to the occupation of Eretz Yisrael during the time of Joshua. During the entire fourteen years when Eretz Yisrael was settled, there was no obligation to keep any of the dietary laws even outside of a battle situation. If so, how can this license be extended to the circumstances at hand?
However, the Rambam’s logic can be explained as follows: Since we see that the Torah relaxed the dietary laws entirely during the conquest of Eretz Yisrael, we can assume that temporary license would be granted in other conquests (Radbaz).

Deuteronomy 21:10-11 states:
When you go out to war against your enemies, God will give them over to your hand, and you may take captives. If you see a beautiful woman among the prisoners and desire her, you may take her as a wife.
The Torah permits this relationship only as a concession to man’s natural desires. Were the Torah to unequivocally forbid intimacy with captive women, the prohibition would probably be ignored. Hence, certain strictures are instituted so that soldiers could release their natural desires without leading to total licentiousness and a breakdown of Jewish morality and family life (Kiddushin 21b).

There are other authorities who forbid all intimacy during wartime. Relations are not permitted until the woman is brought home and undergoes the mourning procedures mentioned below. This is still a “concession” to man’s natural tendencies for the soldier realizes that ultimately, he will be able to consummate his desires (Ramban, Deuteronomy, ibid.; Rashi commenting on Kiddushin 21a; Jerusalem Talmud, Makkot 2:6).

Sefer HaMitzvot (positive commandment 221) and Sefer HaChinuch (mitzvah 532) include the laws associated with relations with a captive woman, yefat toar in Hebrew, as one of the 613 mitzvot of the Torah.
However, though taking a yefat toar was permitted, the Sages looked askance at this practice. They cite the example of King David who took Ma’akah, the daughter of Talmai, King of Geshur as a captive wife. Concerning their marriage, Midrash Tanchuma comments:
See what came out of their union! Avshalom, who desired to kill his father..., was born. A controversy broke out in Israel and myriads were killed, including the wisest men of the land....

Judaism views sexuality and responsibility as fundamentally interrelated. Were the soldier permitted to engage in sexual relations with a woman and then, abandon her without any further ties, he would begin to view sexuality as cheap and commonplace Hence, the Torah instituted the practices described in the following halachot (Guide to the Perplexed, Vol. III, Chapter 41).

The Minchat Chinuch asks why the Rambam makes a blanket statement that the soldier is required to bring a yefat toar into his home. As mentioned in Halachah 5, the Sages did not approve of marriage to a yefat toar and were pleased when her captor did not desire her and set her free. Hence, ideally, it would seem preferable for the soldier to lose his desire for the woman immediately, free her at that time, and never bring her home.
Possibly, the Rambam’s statements can be understood on the basis of the Meiri’s commentary, Kiddushin 21a. The Meiri writes that relations with a yefat toar are only permitted when the soldier intends to marry her. If he does not have that intention, all relations, even a single experience, are forbidden. (Note, however, Halachah 4 which states that a priest is permitted to engage in relations with a yefat toar even though he is not permitted to marry her.)

See Halachah 6.

Once a captive woman has been enslaved as a servant, intimacy with her is forbidden (Kiddushin 21 a).

The word eishet used in the above verse can be rendered both as “woman” or “wife of.” On that basis, Kiddusliin (ibid.) derives this law.

Sanhderin 52b teaches that a Jew is not liable for transgression of the prohibition against adultery if he has relations with a gentile’s wife. However, though a Jew is absolved for punishment for such an act, a gentile is liable. One of the seven mitzvot which the gentiles are obligated to fulfill is the prohibition against adultery.

Though the verse mentions “a beautiful women,” by using the word “desire,” it implies that the attractiveness of the woman is not the determinant factor. As long as the man desires her, these laws apply (Kiddushin, ibid.)

He may not take even one woman for the sake of another person and not for himself (Tosafot, Kiddushin 22a).

This word is lacking in the printed texts of the Rambam and was added on the basis of manuscripts brought from Yemen.

The Kessef Mishneh writes that the soldier must take his captive to a city to have relations with her. Other commentaries offer different interpretations. However, all share the same basic theme. Sexual relations must be carried out in a private place without the knowledge of the other soldiers.

A priest also has natural desires. Were a captive woman forbidden him, he might be overcome by his instincts and violate the prohibition (Kiddushin 21b).

As mentioned in Hilchot Issurei Bi’ah 18:3, a priest may not marry a convert.

The latter phrase is a euphemism for conversion based on Boaz’s blessing to Ruth 1:12: “May a full reward be granted you by God, Lord of Israel, under whose wings you have taken shelter.”
Like other converts, before conversion, she must accept all the obligations of Torah and mitzvot.

For a woman, the conversion process involves, immersion in a mikveh and acceptance of the mitzvot (Hilchot Issurei Bi’ah 14:5-6).

The mourning practices described below are only necessary if the woman hesitates to adopt Torah and mitzvot. If she willingly desires to convert, none of these rites are required (Yevamot 47b).

On a number of occasions, e.g., Numbers 20:29, Deuteronomy 34:8, the Torah mentions one month as a complete period of mourning. A similar concept is expressed in Jewish law, see Hilchot Evel 6:1-2.
This mourning period was instituted to affect both the man and the woman: The man was intended to continually confront this woman while she was mourning. Seeing her in this state, he would lose his original desire (Sifri, Rashi).
From the woman’s perspective, this period was an act of mercy, granting her an opportunity to release the grief and sorrow she felt about her forced abduction from her native country and her ruptured family ties. It also represented a purification process, during which the woman was cleansed of the idolatrous practices of her native land (Guide to the Perplexed, Vol. III, Chapter 41).

Yevamot 48b relates that Rabbi Akiva interprets the terms “father” and “mother” as euphemisms for idol worship. Similarly, Jeremiah 2:27 chides the people for “saying to a stock of wood: ‘You are my father;’ and to a stone: ‘You brought me forth.’”

Rather, he should treat her with mercy and kindness.

She was required to shave her head to diminish her beauty. This practice also served as a sign of purification and acceptance of a new status (Chizzkuni). Compare to Leviticus 14:8 which describes the initiation of the Levites, and to Numbers 8:7, which describes the purification of a Nazirite.

The soldier is required to bring his captive to his own home. He is not permitted to find her another dwelling in which to undergo these procedures.

And set her free, rather than marry her.

Yemenite manuscripts of the Mishneh Torah substitute “and she desires him” for the latter phrase. The change answers a significant question: Can the woman’s captor marry her against her will or must she desire him?
The Rambam and other commentaries accept the principle that the woman’s consent is not required for the marriage. Certain opinions maintain that though the Rambam differs regarding forced conversion (see below), he accepts this opinion regarding marriage. However, based on those manuscripts, it appears that after conversion, the yefat toar is considered as any other Jewess and cannot be married against her will.

The Rambam requires the captive woman to willingly accept Judaism. In contrast, the Ramban maintains that she may be converted and married against her will.

This three month waiting period is not instituted because of the particular circumstances associated with a yefat to’ar, but rather, is a condition imposed on every woman who converts to Judaism.
It would take three months for a woman to realize whether she was pregnant. Thus, the Sages instituted this waiting period in order to determine the pedigree of lineage of any children born to female converts. Hilchot Gerushin 11:21 relates that even if a gentile couple convert together, they are forced to separate for three months to differentiate between children conceived before their entry into Judaism and those conceived afterwards.
Similarly, in this instance, the captive woman must wait three months to determine when a child born to her was conceived.

See Chapter 4, Halachah 4, for a definition of these terms. After her conversion, the yefat toaris granted all the rights possessed by any other Jewish woman.

In this instance as well, she is granted all the rights of any other female convert.

The Sefer HaMitzvot (negative commandment 263) and the Sefer HaChinuch (mitzvah 533) include this prohibition as one of the Torah’s 613 mitzvot. In the Guide to the Perplexed (ibid.), the Rambam writes that this prohibition applies from the time the captor engages in relations with his captive (see below).

The Sifri explains that in addition to the explicit prohibitions against sale of the captive woman, she may also not be bartered, exchanged, or given to another Jew as a servant.

Tamurah 4b relates that any business transaction that violates a Torah prohibition is automatically nullified.

The Sefer HaMitzvot (negative commandment 264) and the Sefer HaChinuch (mitzvah 534) also include this prohibition as one of the Torah’s 613 mitzvot.
In this instance as well, the prohibition begins from the time of relations, as implied by the verse (ibid.): “You may not sell her for money or keep her as a servant after taking advantage of her.”

The Sifri notes that the root amar is Persian for servant and is rarely used in Hebrew.

A similar interval is granted to a Canaanite servant to decide whether he is willing to become circumcised and accept the mitzvot in which he is obligated (Hilchot Milah 1:6).
During this entire period, the captor may neither engage in sexual relations with her or use her as a servant.

See Halachot 10 and 11 of this chapter and Chapters 10 and 11 for an explanation of those laws.

The latter term is a translation of the Hebrew, ger toshav. As explained in Halachah 10, it refers to a gentile who accepts upon himself the observance of the seven mitzvot. The term is appropriate for such a gentile is entitled to settle in Eretz Yisrael. For when the Jews have undisputed rule over the land, they are forbidden to allow a gentile who has not accepted the seven mitzvot to dwell there for one moment. See Hilchot Avodat Kochavim 10:6, Hilchot Issurei Bi’ah 14:7.

Deuteronomy 7:3 mentions the prohibition against marrying a gentile. It also applies to a resident alien.

The child only receives the status of a convert after he undergoes the conversion process. Before then, he is a gentile as any child born from relations between a Jew and a gentile woman.

Yevamot 23a comments: “A son born to you from a gentile woman is called her son and not yours.” Thus, this child has no relation to his natural father in regard to inheritance or Jewish lineage.

Ketubot 12a relates that a Jewish court may convert a minor. When he comes of age, he has the right renounce the Jewish faith and return to gentile practices.
The Or Sameach notes that it is only necessary for the child to be immersed in the mikveh if the mother delays her conversion until after his birth. If she converts while pregnant, her immersion is sufficient for her child as well. Needless to say, if the child is male, he must be circumcised as a convert as well.

While David ruled as King of Judah in Hebron, he conquered Talmai, king of Geshur, and took his daughter, Ma’aka, as a yefat to’ar (See commentaries, II Samuel 3:3).
Ma’aka conceived from those relations and bore a daughter, Tamar. Tamar was extremely beautiful and Amnon, David’s oldest son fell in love with her. He literally fell sick with love. His friends noticed him wasting away and helped him contrive a scheme to rape her.
Amnon feigned to be seriously ill and when David came to visit him, he requested that his father have Tamar prepare food for him. Unaware of Amnon’s intent, David consented and sent his daughter to him. When she came, Amnon ordered all his servants to leave and took hold of the girl. She protested, begging him to marry her: “Speak to the king, for he will not withhold me from you.” Amnon refused, wanting to only to fulfill his desires.
After consummating his passion, Amnon became obsessed with hate for Tamar. His despise for her exceeded his previous attraction. He sent her away rudely and paid no further attention to her. Avshalom, Tamar’s brother, was enraged at the episode. He bided his time and when he had an opportunity, slew Amnon in revenge (II Samuel, Chapter 13).

Hence, he could have been considered David’s heir.

The Or Sameach notes that Ma’aka must have converted before Tamar’s birth. Thus, she was considered the child ‘s halachic as well as natural mother. Otherwise, halachically, Tamar would not have been considered her daughter and hence, would have had no relation to Avshalom.

For there was no relation between them.

The Kessef Mislineh questions why the captive woman is allowed to worship idols for such a long time. In no other instance is such tolerance shown. The commentaries suggest that this leniency was granted because she was forcefully possessed.

Regarding the captive woman’s release, Deuteronomy 21:14 states: vishilachta linafsha which literally meaning: “You shall send her to herself.” On this phrase, the Midrash HaGadol comments: “‘Send her to herself,’ but not to her gods.”

See Chapter 6, Halachah 1.

See Chapter 9, Halachah 14.

In Hilchot Avodat Kochavim 10:6, the Rambam writes that no idol worshippers should be allowed to live among us “when the hand of Israel is powerful over them.” The extent of the authority the Jews must yield is a matter of question among the commentaries.
It appears that throughout the Second Temple period, though Judeah existed as an independent country, the Sages did not exercise this authority. Similarly, in Eretz Yisrael today, there are few, if any, Torah leaders who feel justified to assume such powers.

Chapter 10, Halachah 9, states that a gentile who studies Torah is worthy of death at the hand of God.

Just as an heir becomes the legal owner of all possessions left to him, the Torah, our national heritage, belongs to each Jew, regardless of background or upbringing.

With the exception of certain restrictions based on yichus, pedigree of lineage, converts are granted the same privileges and responsibilities as native-born Jews. They have a full share in the Torah.

In the Talmudic era, the later Hasmonean kings conquered the Idumeans and forcibly converted them to Judaism. What were the results of this act? Herod, an Idumean, became King of Judeah and ruled the land as a cruel tyrant.

This obligation is dependent upon every individual in every era. The Tosafot Yom Yov (Avot 3:14) relates:
As the Rambam writes, we were commanded by Moses [to compel the gentiles to accept the seven commands]. If this applies to compulsion at the point of the sword, with threats of execution,... it surely applies regarding compulsion through persuasion, to lead their hearts to the will of their Creator.”
The Jews must serve as “a light unto the nations” (Isaiah 42:6) teaching them the seven mitzvot and instructing them in proper behavior (See the commentary of the Radak on the above verse). Similarly, the Chatam Sofer (Choshen Mishpat, Responsum 85) writes that it is a mitzvah to guide the gentiles in the service of God.
This particularly applies in the present age, when there is far greater communication between Jews and gentiles than ever before. The Jews should take advantage of this phenomenon. Rather than be influenced by the gentiles, they should utilize this freedom of communication to convince the gentiles to accept their seven mitzvot.
With this halachah, the Rambam begins a different section of Hilchot Melachim. These two halachot, and, similarly, the following two chapters, deal with the seven mitzvot the gentiles are obligated to perform. Afterwards, the final two chapters deal with the coming of Mashiach.
An important principle is implied by this sequence. Jewish thought relates that God rewards our behavior “measure for measure.” One of the fundamental achievements of Mashiach will be the refinement of the gentile nations. As the prophet Tzephaniah 3:9 declares: “I will transform the peoples to a purer language that they all will call upon the name of God and serve Him with one purpose” (see Halachah 11:4). As a preparatory step to merit these rewards, we must involve ourselves in the refinement of the gentiles by motivating their acceptance of the seven mitzvot.

In contrast to the previous principles, this law only applies when the Jews have undisputed authority over Eretz Yisrael. See Chapter 9, Halachah 14.

The laws regarding resident aliens only applied while the entire Jewish people lived in Eretz Yisrael (Hilchot Avodat Kochavim 10:6). Nevertheless, in that era, a gentile could accept the obligations of a resident alien in any land.

Thus, comprising a court of law. The resident alien’s acceptance of the seven mitzvot requires the presence of a court as does a gentile’s conversion to Judaism.

I.e. to convert.

In Hilchot A vodat Kochavim, Chapter 10, the Rambam outlines the rules governing our relations with our fellow Jews and those governing our relations with gentiles. After a gentile has waited twelve months, his original commitment to convert is no longer taken seriously and his status reverts from that of a potential proselyte to an ordinary gentile.
The above is based on the standard published text of the Mishneh Torah which reads k’min haumot. The Yemenite manuscripts of the Mishneh Torah read: kmin min haumot, meaning “as a non-believer from the gentiles.” Such an individual is subjected to harsher treatment than most gentiles.

This principle can be derived from the Mishnah’s statement (Sanhderin 90a) that Bilaam will not receive a share in the world to come. It can obviously be inferred that the righteous of the gentiles will be granted a portion in that eternal good.
The Zohar Chada,fh (Ruth 78:4) relates that though the pious gentiles will merit a portion in the world to come, their portion will be separate from that of the Jewish people.

In the Introduction to his Commentary on the Mishnah (conclusion of section 8), the Rambam writes:
The masses of people were created to be “company” for the wise that they not be alone... Everything in this world is only intended for the sake of a man who is complete in wisdom and deed... as implied by our Sages’ statement: “All that God possesses in this world are four square cubits of Halachah.”
Similarly, our Sages comment that bereishit, the first word of the Torah, can be broken up into two words: beit reishit, “two firsts”; implying that the world was created for the sake of two things that were called “first”: Israel and the Torah.
Accordingly, on one level, the purpose of the fulfillment of the seven mitzvot is to establish a stable world and a moral and hence, thriving society. However, this purpose is not an end in itself, but rather a means to allow the Jews to fulfill the Torah. Therefore, the gentiles’ acceptance of the seven mitzvot must also contain an awareness of the fundamental importance of Torah.

Though these mitzvot were commanded well before the giving of the Torah, when the Moses received the Torah, these commandments were renewed. We see a similar example in regard to other mitzvot. In his commentary on the Mishnah (Chullin 7:6), the Rambam writes:
All the [mitzvot] we fulfill should be carried out because of God’s command. transmitted by Moses.... We do not circumcise ourselves because Abraham circumcised himself, but because God commanded us, through Moses, to circumcise ourselves.

Without acknowledging them as Divine commands.

Thus, there are three levels in the gentiles’ acceptance of their seven mitzvot: a resident alien who makes a formal commitment in the presence of a Torah court; “the pious among the gentiles,” individuals who accept the seven mitzvot with the proper intent, but do not formalize their acceptance; and a gentile who fulfills the seven mitzvot out of intellectual conviction.

The Yemenite manuscripts of the Mishneh Torah substitute “but rather, of their wise men” for this phrase.
The difference between these two texts revolves around the extent in which a gentile is required to perceive his role in creation. According to the Yemenite texts, a wise man can perceive how the fulfillment of the seven mitzvot can lead to a stable society. Hence, he will commit himself to their fulfillment. However, it is piety, not wisdom, which will motivate an individual to carry them out for the sake of God and Torah.
According to the standard published text, the gentiles themselves must realize that their existence is only “for the sake of Israel and for the sake of Torah.” Anyone who does not understand that concept has not reached complete wisdom.