http://www.closetotorah.com/2010/11/modern-day-ransoms-too-high-a-price-a-halachic-perspective/
Modern-Day Ransoms: Too High a Price?
A Halachic Perspective
by Rabbi Yehoshua Pfeffer
One of the most tragic and delicate halahcic questions of the modern day, which must be addressed both by halachic decisors and by political leaders of the State of Israel, is the question of redeeming soldiers or civilians that are taken hostage by terrorist groups. Invariably, the demands of terrorists include the release of imprisoned terrorists, who generally await their return to their former profession. What does halachah have to say on this matter? Can the monetary ransom demanded by conventional captors be compared with the modern-day requests for release of terrorists? Indeed, how would the demand for monetary payment be seen in today’s halachic eye. Inspired by this week’s parashah, which chronicles the most famous case of ‘kidnapping’ in the history of the world–the sale of Yosef to Egypt–we seek to address these issues in this week’s article.
Our Parashah includes the description of what is surely the most famous ‘kidnapping’ in history: The snatching of Yosef by his brothers, and his subsequent sale to the Egypt-bound group of Ishmaelites. It was this fateful episode that led to the descent of our entire nation to Egypt, the exile and hardships it went on to experience, and, ultimately, the miraculous redemption in the hands of G-d.
We will take the opportunity to dwell on the halachic aspects of captors and captives, and, in particular, the delicate questions of how to react to captors’ demands for ransoms in exchange for freeing their prisoner.
Throughout the generations, both halachic and historical literature reveal how Jews, in their various countries of exile, suffered greatly from bandits, who found a way to make easy income by capturing Jews and demanding exorbitant ransom money. At certain times, this ploy for making money was employed not only by vagabond anarchists, but even by state machinery. State coffers could be filled by fabricating legal cases against Jews, in order to demand money for their release.
Today, the question of redeeming captives remains tragic, difficult, and very delicate. Instead of money, the demand of modern kidnappers, namely terrorist groups who capture soldiers or civilians, is the release of terrorists.
This, of course, presents a terrible dilemma to decision-makers: The life and freedom of every Jew is priceless, but practically, how much should we be prepared to pay? Is the release of murderers, who are most likely to return to their previous ‘occupation’, justified halachically? In this article we will try and discuss this question.
Paying More than the Captive’s ValueThe Gemara teaches that the mitzvah of redeeming captives from their captivity is a “great mitzvah,” a term reserved for only a number of mitzvos. Based on its unique importance, the redemption of captives is given first priority when allocating charity money. In the words of Shulchan Aruch (Yoreh De’ah 252:1), “No mitzvah is as great as the redemption of captives.”The Gemara also highlights the dire plight of the captive, who finds himself at the mercy of his captors, who are liable to torture him, place him through unspoken suffering, and even kill him. Shulchan Aruch (252:3) thus writes that he who is able to redeem a captive, yet fails to do so, is considered to be a murderer.
Nevertheless, the Mishnah (Gittin 45a) teaches that captives should not redeem for any price: “Captives are not redeemed for more than their value.” The reason for this is discussed by the Gemara, which mentions two possible reasons. One is that it would prove too weighty a load on the community. According to this reason, a private individual is permitted to redeem his own family or loved ones, even for great sums of money.
Another suggested reason, is that payment of large sums of money would encourage captors to continue in their evil ways, taking as many captives as possible, for the purpose of making quick and easy riches. According to this rationale, even a private individual would not be permitted to use his personal wealth in order to pay exorbitant sums for the release of his relatives.
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