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Halachic Reasons to be against the Shalit for Terrorists Deal

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edu:
In an article at http://www.ocjewish.com/media/pdf/505/hUtX5059074.pdf
I came across an interesting precedent and the halachic ruling of Rabbi Yaakov Kaminetzsky, who by Charedi standards was considered the #2 Gadol in America after Rabbi Moshe Feinstein

--- Quote ---Rav Yaakov Kaminetzsky, argues that Israel has been in a constant state of war from a Halachic
perspective since the establishment of the state. Rav Yaakov accordingly ruled in 1970 that it
was forbidden to ransom the great Rav Yitzchak Hutner, who was being held captive by Arab
terrorists who had hijacked the airplane on which he was a passenger. There was a suggestion
to offer a huge sum to ransom Rav Hutner, since Tosafot (Gittin 58a) permit paying an
exorbitant sum to save a great Rav. Rav Yaakov ruled that Tosafot's permission applies only
during peacetime. Since Israel's ongoing struggle with terrorism constitutes a war, Rav Yaakov
felt it was forbidden to ransom even one as great as Rav Hutner.
--- End quote ---
Although I was against the deal even before seeing Rabbi Kaminetzsky's ruling, it still is good to quote, because Some Charedi readers will appreciate our position more, if we quote one Big Rabbi that they Respect.

On  a separate point, does anyone know of any Rabbi who not only criticized the Shalit deal, but also publicly criticized those Rabbis who have shown support for this surrender to terrorism?

Kahane-Was-Right BT:

--- Quote from: edu on October 23, 2011, 01:36:15 AM ---According to the David Bedein radio show
Dor Alon - A huge Gas/Fuel Company in Israel
Nesher - A huge conglomerate in the cement industry in israel
and Tnuva - a huge company in the dairy industry in Israel
financed the free Gilad Shalit on the Terms of Hamas campaign.
Listen to the show for more details.


--- End quote ---

If you wouldn't mind, could you briefly explain what their financial interest was that would/could have been harmed.   Very interesting quote from Rav Yaakov.

Ironically, I know some haredim who resorted to quoting from present-day mamlachti religious zionist socalled rabbi to defend the shalit deal because it feels good and it has to be that we feel good about what "Hashem does" in the world.   (They also weren't aware that this particular rabbi they quoted is a menuval who abused students.  I reminded them of the principle of free will - can't "blame" God for a stupid decision, and I informed them of this "rabbi's" status).

edu:
Because I have noticed some confusion unfortunately even by rabbis, on this issue, so I looked for a
pre-recorded audio lecture, that would explain this issue, perhaps in a more appealing format than I have done.
I found a reasonable presentation by Rabbi Eliezer Melamed made in 5754 [1994] on this subject, although it is in Hebrew
http://www.yeshiva.org.il/midrash/video/?aid=1986

edu:
One point of clarification about Rabbi Melamed's lecture. After Rabbi Melamed explains why the mass release of terrorists to save a few soldiers or civilians is forbidden, he goes on to talk about the limit of what we can do to save our soldiers if saving them through warfare is not an option.
The limit he says is that we can trade one of them for one of ours.
He also said after the war is over and an official cease fire goes into effect, then we can exchange even a large amount of our prisoners to get the smaller number of prisoners that the enemy holds.
I myself require further study before, I am willing to state an opinion on these 2 issues.
So don't misunderstand me, I quoted Rabbi Melamed, for further support on the issue of Shalit for Terrorists.
The endorsement does not necessarily extend to other issues.

edu:
I was pleasantly surprised to find out that also the Charedi Rabbi, Rav Moshe Sternbuch , Rosh Av Bais of Yerushalayim also explicitly condemned the Shalit for 1000+ Terrorists deal
Here's a link for someone who wishes to read his arguments on the subject
http://www.yatedneeman.com/content.asp?contentid=488

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