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Two of the greats of the last century, the Meshech Chachma & the Netziv, in their comments on Parshas Ki Tetzei, based upon peshuto shel mikrah, conclude that if a Jewish soldier captures a non-Jewish woman of the enemy nations BEFORE the successful termination of the military campaign, i.e. as the fighting is still going on, the Heter (permission) to marry this woman DOES NOT APPLY! This will have far reaching conclusions regarding the fundamental issue: can we derive Halacha from the understanding of the text of the Torah even when this conclusion is not reflected in the Oral Torah?
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