By Alex Gordon
HAIFA, Israel — Redemption of captives (Hebrew: pidyon shvuyim) is one of the relatively few laws dealing with matters of life and death. Therefore, Jewish law considers it more important than all other laws, even though it does not apply to the 613 commandments of the Torah. The Talmud (Bava Batra 8b) calls pidyon shvuyim a “mitzvah rabbah” (great mitzvah, commandment) and says that captivity is worse than starvation and death. Maimonides rules that he who ignores ransoming a captive is guilty of transgressing commandments such as “you shall not harden your heart” (Deuteronomy 15:7); “you shall not stand idly by the blood of your brother” (Leviticus 19:16); and “you shall love your neighbor as yourself” (Leviticus 19:18).
However, the pidyon shvuyim is not an absolute mitzvah, which must be followed at all times. There is one major exception, as explained in the Mishnah (Gittin 4:6 = Bavli Gittin 45a): “One does not ransom captives for more than their value because of Tikkun Olam (literally: “fixing the world”; for the good order of the world; as a precaution for the general good) and one does not help captives escape because of Tikkun Olam.” This Mishnah was codified by the standard codes of Jewish law. The Babylonian Talmud gives two different explanations for this takkanah (rabbinic enactment):
- “because of the [financial] burden on the community”
- “so that they [=the robbers] should not seize more captives”– i.e., paying a high ransom for captives will encourage kidnappers to kidnap more Jews and demand still higher ransoms.
Rashi, for example, says that if you accept the first explanation, a relative could pay an excessive ransom, because that does not place a financial burden on the community; whereas according to the second explanation, a relative may not pay the high ransom because that will still encourage the kidnappers to kidnap more Jews. Thus, according to the Mishnah, the exorbitant price will be an incentive for more kidnappings.
Rabbi Meir of Rothenburg (Maharam of Rothenburg; 1215, Worms – 1293, Enzisheim, Alsace) – one of the last and important authors of additions to Rashi’s commentary on the Talmud, spiritual leader of German Jewry and poet (Maharam is our teacher, Rabbi Meir) forbade the Jewish community to pay ransom for himself – he feared that it would set a dangerous precedent and lead to other kidnappings.
Following Rabbi Meir’s logic, the Jewish community placed restrictions on the amount of the ransom: it had to be reasonable. The rabbis feared that otherwise the Jewish community would go bankrupt. Rabbi Meir died in prison after seven years of imprisonment.
According to the spirit of the Mishnah and Rabbi Meir’s interpretation of it, pidyon shvuyim is not an absolute commandment that is above everything, including the lives of many other Israelis who may be kidnapped as a result of the planned hostage deal.
The release of one soldier, Gilad Shalit, led to the release of hundreds of terrorists, among them the “leaders” of the October 7 pogrom, who kidnapped and killed hundreds of civilians and caused hostilities that cost the lives of hundreds of Israeli soldiers. Releasing the hostages in Gaza at any cost will encourage more kidnappings and killings. There is no commandment in Judaism sanctifying a chain reaction of killings and kidnappings for humanitarian reasons.
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Alex Gordon is a native of Kiev, Ukraine, and graduate of the Kiev State University and Haifa Technion (Doctor of Science, 1984). Immigrated to Israel in 1979. Full Professor (Emeritus) of Physics in the Faculty of Natural Sciences at the University of Haifa and at Oranim, the Academic College of Education.