Study Kiddushin folio 22A with parallel Hebrew-English text, traditional commentary, and modern study tools. Free access to Babylonian Talmud online.
Text Excerpt
תמותות שחוטות, ואל יאכלו בשר תמותות נבילות. ״וחשקת״ – אף על פי שאינה נאה. ״בה״ – ולא בה ובחברתה.
of dying animals that were slaughtered, and let them not eat the meat of dying animals that were not slaughtered but which will become carcasses. In other words, it is preferable for this act to be performed in a somewhat permitted way rather than in a manner that is entirely prohibited. The expression: “And you have a desire for her and would take her to you as a wife” (Deuteronomy 21:11), teaches that this halakha applies even if she is not pretty, as this is a subjective judgment dependent on one’s desire. The term “for her” indicates that he may take her, but not her and another woman. A soldier is allowed to take only one captive in this manner.
״ולקחת״ – ליקוחין יש לך בה. ״לך לאשה״ – שלא יקח שתי נשים, אחת לו ואחת לאביו, אחת לו ואחת לבנו. ״והבאתה״ – מלמד שלא ילחצנה במלחמה.
The phrase “and would take her” teaches: You have the ability to take her, i.e., to marry her. “To you as a wife” teaches that he may not take two women, one for him and one for his father, or one for him and one for his son. The verse: “Then you should bring her home into your house” (Deuteronomy 21:12), teaches that he should not pressure her to have sex during the war, but he should first take her into his home.
תנו רבנן: ״אם אמר יאמר״ – עד שיאמר וישנה. אמר בתחילת שש ולא אמר בסוף שש – אינו נרצע, שנאמר: ״לא אצא חפשי״ – עד שיאמר בשעת יציאה.
§ A baraita states: It is stated with regard to a pierced slave: “But if the slave should say [amor yomar]: I love my master, my wife, and my children, I will not go out free” (Exodus 21:5). The repeated verb teaches that he is not pierced unless he says this statement and repeats it. If he said at the beginning of his 6 years of service that he wants to be pierced, but he did not say it at the end of 6 years, he is not pierced, as it is stated: “I will not go out free,” i.e., he is not pierced unless he says it when he leaves.