The Halachic and Emotional Implications of Redeeming Captives

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As I write this, Israel is marred by the massacre of October 7th. It is embroiled in a war with the urgent need to redeem those taken captive. Unfortunately, this is not a new situation in which we find ourselves. The Shulchan Aruch in Yoreh Deah 252:1, 3 states “There is no mitzvah greater than redeeming captives…Every moment that redeeming is delayed, it’s like spilling their blood.” To what extent can we go in order to bring our brothers and sisters home? Which aspects must be considered in these unfortunate situations?

Before we can begin to delve into the halachic background and its ramifications, we must acknowledge the deep and ravishing emotions that are and will be present in any situation where our friends and family members have been taken from us in such a violent and terrifying manner. As we stand witness to the tragedies of the horrific attack, we also feel this pain whether it be through biological, familial, friendships or connections, or simply because we are an “am echad”, one people.

When people are taken hostage, it is important to consider the circumstances that surround it. If, for instance, it is clear that it is a statement of war or amidst a war, then that can change the directives. Considering wartime, what if we are discussing soldiers that are captured during a war? Usually they are not held for a financial ransom. Alternatively, a situation can arise where people were taken captive for the sake of initiating a prisoner exchange.

Halacha instructs that we must not pay a ransom for someone if the amount is considered astronomical, as it will encourage the captors to take more captives in the future. Setting a precedent must be a factor in the decision making process. If you are taken captive, G-d forbid, and are demanded to pay ransom in order to be released, then you are able to choose how much to pay.

There is a famous story of the Maharam mi’Rottenburg, a tzadik and considered the leader of his community, who was taken captive. He was taken by King Rudolph I of Germany in 1286 who realized the value of this gadol, and he was held for the ransom of 20,000 marks, which was quite an absurd sum in those days. His students and many in the community were ready to raise the amount demanded, but the Maharam refused. He knew that paying the ransom would increase the likelihood of this despicable act being committed again and again and again. He was taken at the age of 70 and died in captivity 7 years later. Halacha or not, the Maharam made a decision that cost him his life in the end. However, who knows if by making this choice he saved hundreds of lives for years to come.

The Pitchei Teshuva discusses the real concern of danger in these situations. He states that if there is a danger to the lives of the captives then one should pay as much as is needed to ensure their release unharmed. It’s a non-negotiable point when faced with these situations.

Wartime, though, brings with it a whole host of different circumstances. There are casualties of war resulting in the probability of death and capture of those involved. It is compared by the Shulchan Aruch (CM 188:6) to an agent who is injured while completing his task. It is compared by contemporary poskim to the Shulchan Aruch as it relates to soldiers being agents for the government. They claim that maybe the circumstances are colored differently as the government sent them to war, therefore, the responsibility lies with the governing body. There would also appear to be an unwritten condition between soldiers and the government that they will be rescued, or at least the rescue will be planned and attempted.

In this regard, let’s consider a prisoner exchange. This demand specifically has long-term and dangerous consequences as the freed prisoners will endanger lives. The reason they were incarcerated in the first place was a result of their criminal or terror activity. Releasing them allows them to continue their actions unhindered. The situation is often dynamic and can vary when it involves soldiers or civilians, the circumstances under which our people were taken, and how many people and prisoners are being discussed.

What about rescuing civilians who were taken hostage? Israel’s current situation is mission-oriented, and they are now desperately working on all angles to find 136 more souls, most of whom are civilians, and bring them back home. The circumstances surrounding their capture plays directly into determining the urgency in which they need to be rescued and the way in which the government will work to negotiate, demand, or fight for their release. It is integral in this decision making process to understand the reason why they were taken. Is it because of the negligence of the State of Israel? Is it for another reason altogether? These answers will change the actions of those peoples in authority and sit in the decision-maker seats.

It is clear that the situation we are in right now, the Simchat Torah War, is unprecedented in regards to the brutality, abject horror, and inhumane methods in which the captives were taken. The terror that the hostages must face is immense, and we desperately long and pray for them to be returned home safely and as quickly as possible. It must also be clear that there are set halachot that place their lives and their redemption as a mitzvah of the greatest importance.