I realize that when the torah discusses אשת יפת תואר it specifies

כִּי-תֵצֵא לַמִּלְחָמָה, עַל-אֹיְבֶיךָ (Devarim 21:10)

But I would still like to know if the halacha of אשת יפת תואר could theoretically apply to a Jewish woman. Meaning either during an internal civil war or where there is a Jewish woman, married to a Jewish man who are living among, and aligned with a non-Jewish national enemy. In any of those instances would a soldier be permitted to take that Jewish woman under the law of אשת יפת תואר?

  • Shevet Benyamin took Jewish wives in warfare. (Shoftim 21:21) But I'm not sure if that was the exact same case as the eishes yefas to'ar. – ezra Nov 6 at 15:50

The reason that a Jew can take a non-Jewish married lady is because there is no ishus (halachic marriage) for non-Jews. This obviously would not apply to a married Jewish lady, but leaves the question open to an unmarried one. In general, many of the halachos, drashos, and psukim that deal with the yefas toar all revolve around the assumption that we are dealing specifically with a non-Jew, but the fact that no source seems to say this explicitly gets you an up-vote.

  • You're not going to remove the upvote if you discover the sources do say it, are you? – WAF Aug 29 '14 at 12:58
  • No way! If its such hard work to find an explicit source then the question is validated and apreciated. – user6591 Aug 29 '14 at 15:19
  • 3
    This seems to affirm the question, rather than answering it. – mevaqesh Nov 25 '16 at 5:15
  • See sefaria.org.il/… for a source. – Danny Schoemann Nov 6 at 16:04
  • @Danny I'm not certain I understand what you are showing me? – user6591 Nov 6 at 16:37

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