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Am Yisrael At War Part 1: Redeeming Hostages in Exchange for Terrorists by Rabbi Anthony Manning
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27 Tevet 5784 - January 8, 2024 www.ouisrael.org facebook.com/ouisrael #OUisrael #torah #judaism #torahlectures #hostages #israel #halacha #ironsword
Categories:Torah/Halacha
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Auto-generated transcript. Not time-synced to the video.
hi good morning
everybody
Welcome to a uh A New Beginning
batem um it's very out of sync for me to
be here on a Monday for the last seven
years or so I've been here on a
Wednesday um and uh this is the
beginning of a a new launch of different
programming by the OU it should be batem
um very much
I was very paranoid about not coming in
this morning because it's not Wednesday
um I put notes all around my house
saying don't forget to go to the OU
because it's not Wednesday it's Monday
and uh they worked which is great I also
just got back from America last Friday
so I'm not sure exactly which time zone
I'm in um but uh at least I'm with you
which is the main thing if I could just
uh mention some housekeeping rules uh we
have a minhag in uh in the Sher we've
been doing it for 7 years which is every
Wednesday now Monday I say could
everybody please turn off their phones
and every week everybody does apart from
one person whose phone rings and it's
always a different person so if you
might be that person then please also
turn off your
phones um which is uh I think uh will
will save us
from musical interruptions now this is a
um a topic that a few of you requested
Simon requested it others requested it I
must tell you I was putting off doing
this topic because I was hoping that it
wouldn't be
relevant um but it is still relevant um
and it is a fascinating topic it will
take us three
shm to look at it properly so I would
ask you to just you know keep Pace with
what we're doing um you may have
questions which are burning questions
but they may be questions that I will
deal with next week um I will give you a
brief overview of how I want to look at
the topic um it's a very sensitive topic
I was a little nervous whether to deal
with it at all but I I think that there
are three at least three good reasons
for talking about this issue the first
and perhaps most important of all is so
that we keep the connection in our minds
with the hostages live and fresh that we
shouldn't for a minute stop davening
that they should be released by ISAT
hasem very soon and in good health um
that we should do everything we can to
promote the best solution that there can
be whatever that is
um and uh therefore I'm I'm I think that
we should preface everything we're
saying with that that that art fillers
are enormously enormously powerful and
we talked about that during theim and
therefore that's one reason that I want
to do that and it should be um a Tois
for that the second reason is tal is an
enormous for the Jewish people and Talma
of of um of a something which is
relevant at the time is even more
interesting and even more pressing and
even more uh engag
aging even though it's a very sad thing
we have to talk about it but
nevertheless please God the of should be
a for the hostages and for the success
of all the soldiers um and that is
certainly nothing to be
underestimated um and uh and the third
thing really is that I think that there
are going to be some uh fascinating
issues which we maybe haven't thought of
before um on this particular topic uh it
will take us round all sorts of
different areas of
um I I can tell you now we are not going
to reach a clear conclusion uh in case
you thought that we were um none of the
people well I can't speak for you I
bashem I'm not responsible for making
any of the unbelievably difficult
decisions that need to be made um I
think we should not forget to Daven very
hard for the people in government and
the generals of the army who are the
people who have the unthinkable and
unspeakable decisions to make so they
need Asus as well um I'm not speaking
for you maybe there's someone in this
room who has a secret connection with
someone and if so then that's great um
but I think it's important for us as
well we learn values from halaka at
least R Sol's approach and that of many
others is that halaka is the Bedrock of
Jewish values and therefore we ourselves
are discussing this issue with our
families around our shabas tables maybe
even putting pressure on lawmakers and
people in government to reach certain
conclusions it's good for us to see the
different factors even if we won't come
to a clear conclusion it's good for us
to weigh the halakic factors and
therefore I think we're going to learn a
lot from this topic okay so let's get
into it we've got a lot to do and as I
say this is part one of beatm three
parts for the first 35 years or so of
the Israeli government since 1948 their
official policy was we do not negotiate
at all with terrorists and that is in
theory the policy of the American
government the most western governments
and there are reasons for that which
we'll maybe discuss
um next week however that began to
change the first
major challenge to that policy was
actually the anbi uh kidnapping which
we're not going to talk about this week
even though our source sheets going to
take us through tragically kidnapping
Jewish people is not a new uh event it's
something which reverberates through our
entire history from Tanakh through the
gamorra um through the Middle Ages
through the modern period uh Rabbi wine
uh he live and be well has two it says
there are two themes for Jewish history
the First theme is that Jewish history
repeats itself and the second constant
theme is that in every generation people
say well yes that was true until now but
it won't happen again this time they are
the two constant themes so our sources
are replete with uh examples of
kidnapping issues which we'll talk about
as well but the Israeli government's
policy until anbi was that we will not
negotiate with terrorists next week we
will look in detail at the rinic uh
committee stroke conclave whatever we
want to call them conclave sounds it's
touched on the Catholic side but a group
of very eminent rabbis that were
gathered together by Yak Rabin in
1976 to discuss whether they should
indeed be negotiating with the
terrorists now you and I know the ending
of that uh episode which was a very
positive ending although there was loss
of life of course um but we'll deal with
that next week so anbi didn't become a a
really a crucial issue because in the
end they rescued the hostages but
already in the
1980s in
8283 and I've brought you a few examples
here at the beginning in English there
were uh uh unfortunately in the first
Lebanon war there were hostages which
were captured and in 1985 under the
gibil agreement there was an agreement
that the Israeli government released
1,150 prisoners this was in 85 um in
exchange for the three Israeli captives
captured during the first Lebanon war
now many of those people people who were
released went on to be ring leaders in
the first
intifa um RAV goren at the time maybe
we'll have a chance to look at his
letter was very against this deal and
said that it would lead to Future
consequences which were very undesirable
Rim David Hali the chief Rabbi of Tel
Aviv at the time was in favor of this
deal halak we'll get a chance to look at
a little bit of those arguments not
today and then RAV goren kind of changed
his mind a little bit and said well yes
that's interesting you know when when
you look at it in that perspective maybe
there is more to say but that was
perhaps one of the first major episodes
um in October 2000 uh the Hezbollah
captured uh IDF soldiers in the Lebanon
area uh and there was a prisoner swap
again in
2004 they handed over militants they
handed over information there was the
whole elhan and tan bam Affair which
raises questions we will do with today
which they found out that tanam actually
had been kidnapped as part of a trip
that he made to do an illegal drug deal
so the question is do we redeem captives
when to some degree they've got
themselves into the problem of captivity
obviously that's not the case that we're
dealing with today but that's an
interesting question as well um a little
bit later still the second Lebanon war
as you will probably remember the second
Lebanon war was triggered by the capture
of two IDE of soldiers that I've
mentioned here in little number three um
and there was uh again uh a deal to uh
release a number of host terrorists in
exchange for even the bodies uh being to
Israel the most recent that I put in
little number four here was of course
the IDF Soldier gilad Shalit um I feel a
little bit bad for him and his family in
everything that's going on at the moment
I don't know how they're dealing with
this um whe whether or not we agree or
don't agree with what was done then uh
it's certainly not his responsibility
and it's certainly not his family's
responsibility uh but as we will
remember um over a thousand Palestinian
um and Israeli Arab terrorists and
prisoners were released um in order to
get gillad shal back and as we know to
our great uh sadness many of these
people are the ring leaders of what's
happening right now okay exactly um and
therefore where does that leave us Well
we I'm sure we have lots of opinions and
we have lots of uh stron held views um
but let's look at some of the sources
that deal with the different ideas
behind whether we do and how we do deal
with these situations so let's start
with
tanak it's important to start with tanak
ultimately that's where everything
starts and there are a number of key
hostage situations in Tanakh let's start
with the first
one lot was captured and number
one he decided on a military solution
even though he was fighting against the
Four Kings who were the superpowers of
the Middle East he uh he aroused all of
his uh students he got them up he
mobilized them I think you'd
say 3 18 of them and they chased the
Army and he fell on the Army in the
night and he he beat them and he chased
them
away Damas all the way up to
Damascus he took all of The Spoils of
the war that's a different question
maybe in the third sh we'll talk about
what are the rules in of War are there
of War what is acceptable do the do the
ends justify the means that's a very
important question is our is our focus
on what we're trying to achieve it
doesn't matter how we do it or are there
rules that are the limits we'll we'll
talk about that not today I keep telling
you what we're not going to do today but
we will do lots today okay and they CH
he chased them all the way to Damascus
for he took
his he rescued lot as well and he got
him back so there is a military rescue
um organized by the first Jew or at
least the first Proto Jew Arin was as
Jewish as anyone had been up till then
um and it was a military rescue for one
for one or maybe his family as well I
suppose was there for one family uh we
see in number two perhaps a lesser known
episode um sorry that's number three
number two first we'll get to uh Yakov
and his sons with SH and this has lots
of very powerful residences um this is a
very well-known episode number
twoim if you remember the story you know
the story well Dena was kidnapped and
she was raped and abused um and then
they tried to do some kind of deal with
with the Jewish people to give her back
or to keep her or to marry her uh and of
course shim and Ley secretly launched a
military campaign and slaughtered the
people of Shem and got their sister back
so Yakov was very
critical what will the nonu say how come
we do this look at the look at the
public opinion it's very interesting
Yakov is already telling us that this
was a concern we're a small nation in a
big world we cannot afford to just do
whatever we want maybe you know Putin is
the president of one of the biggest
countries in the world can just do
whatever he likes and ultimately nobody
can do anything about it we're not that
we're not those people says yov we have
to think about the longer term
geopolitical
consequences I'm living as a small
number amongst all of these nations thei
they're going to come at me they're
going to take me to the European core
the human rights Court they're going to
do things and they're going to they're
going to destroy
me and everything that I've built so far
will be destroyed how can you do that to
which of course the sons ask answer
rather what do you want us to do and
rash said Rashi says h means Hef what
Jewish blood should be hefa Jews should
be able to be kidnapped and and abused
and raped and and we don't do anything
about it how can that be that can't be
there has to be a response and Yakov we
don't see who won that answer that
conversation and if you look in the MIM
different people say different things
the rambam says that they were justified
in doing what they did the ramban says
it's not so clear yob criticizes them
and again in that we read just a couple
of weeks ago he curses them basically
for what they did so who was right
should they have done it shouldn't they
have done it see you see here the most
fascinating presentation in the earliest
time of the Jewish people that it's not
clear what you do can you just react or
how can you not react which is I think
really fascinating um number three is a
lesser known source
inid which I'm not going to go to in in
detail the the Jewish people were in the
ne and the king of AR
heard that the Jews were
coming Chevy and he attacked them and he
took a Chevy a captive a hostage Rashi
says just one young woman who was a she
was a lonly servant slave woman that
they had and that's the only person they
took nevertheless the Jewish people said
you don't take Jews there are
consequences one person doesn't matter
one person is one
person and the Jewish people together
made a
vow if we win against this
people we will we will destroy their
cities or we'll put them make them and
we'll give them to the mikdash whatever
that means at the
time God
listened so again the Jewish people
launched a military strike against
hostage takers for one person and an
unimportant quotes unques person there's
no unimportant people in the Jewish
people even a sh um who was taken
captive and number four which I I won't
go through in detail cuz we don't have
enough time but it's a famous episode of
the end of Alf where David and his men
are busy attacking the Pim and amim and
theim launch a raid on sag where the
women and the children were waiting for
the Jewish soldiers to come back maybe
we just read a
few when his people when David and his
army came back toag Source number four
on the third
day the had gone across the
they came to and they
destroyed they burnt it all
down and they taken Ransom captive the
women and this is course classic amalik
which is what we see in our own dates we
find amalik takes the defenseless the
children the women the people who are
not able to fight back mikad the the
lowly uh women if you like of the
society and the great women will see who
they
were is they didn't kill anybody
they just took them away and they' taken
them to to their place where they
were and this is actually fascinating
David and his men came
back they they see this sight of immense
destruction
then and the women their wives and their
children had been taken hostage what was
the first
reaction shock and and mourning and we
all remember this this like disbelief
how could this have
happened they cried until they couldn't
cry anymore they were so distressed by
what had
happened they even took away David's
Queens well he wasn't yet the king but
was still the King David's
wives David was incredibly personally
destroyed by this
and the people wanted to to Stone David
because of course the first reaction is
how could our leaders allow this to
happen how could you let this happen
David you're Mr
Security on you that's your thing and
and yet you've led us down so again we
see nothing is
new and David in the end he consults
theur the T and and they said you have
to go and you'll rescue them and they
managed to get them back that was a
successful uh raid uh back to bring the
uh hostages back but again it's just so
evocative the tanak we're living through
tanak we really I really feel that many
people feel that another time I'll tell
you I've just spent a few weeks in
America I don't have time to talk about
it now but one of the abonim in America
um next week maybe okay I won't have
time next week either um one of the
rabbonim in America I mean I've heard so
many anecdotal stories of different
people um being so affected uh distant
people from the Jewish communities in so
many ways which again I don't have time
to talk about now but what there we are
that was the one okay now we're Yota
we're y don't worry about it it's fine
it's fine it's fine someone will help
you kind of turn it off we'll be all
right um uh the one of the rabim there
said to me the Jewish people in Israel
is having a 1973 moment of the yam Kiper
War which I must confess I was too young
to remember the oner war sorry um but he
said the Jews of America are having a
1967 moment not that they're happy but
that they're suddenly stirred up there's
a wave of recognition that they are part
of the Jewish people people and and that
that is actually fascinating what's
going on right now we need to try and
work on how to actually connect with
those people that's a different story um
hostage taking therefore is something
which is sadly an awful part of our
history and it's the most awful thing
imaginable it's the most immense tragedy
you've had it's okay no no maybe it's
fine maybe someone can help you no give
it give it to someone there and they'll
I I also don't know how to do things on
my phone it's fine there'll be a
there'll be a button somewhere you can
can you can press down the the the the
give it to someone under 40 or 30 and
they'll they'll they'll twiddle with it
immediately
okay four 14 even better if you can find
someone under 14 even better
um hostage taking is you know we had
some comments from you know people I
mean my wife was dealing with some of
the families at the beginning of the war
because she's in media and she was
connecting them to to to media in Huds
lits and which was very painful for her
um some people were saying things like
you know I thought that my child had
been taken coost hostage but then I
realized they'd been killed and that's a
relief on some level there was a f
father that said that then he found that
his daughter had actually been taken a
hostage and bar she was released but
this this feeling is is is is there a
fate worse than death it's like it's a
terrible thing to discuss but the
gamorra talks about this as well uh in
number five y when Y is talking to the
people says this is what what God told
me even if Moshe and were to get up in
front of me right now this the end of
the first
temple there's nothing I can do for
these people they're finished they're
gone there's nothing they can they can
do to come
back send them send them away from me
let them go where they going to go
they're going to be exiled where they're
going to
go when you say where are we going to go
this is
country you should say to
them whoever's going to die you're going
to
die anyone who's going to be killed in
battle is going to be
killed whoever is going to starve or die
in the pestilence they're going to die
like
that whoever is going to be is going to
be taken hostage what is this this list
death and the sword and and hunger and
hostage taking look at the gar number
six where did the rabbis get the
idea the P releasing hostages redeeming
hostages is the greatest of MIT he says
this is where we get it from as it says
the
as you go through thisk each one is
worse than the last one and the worst of
all
Chevy the Chevy is the worst of all of
them because it includes all of these
terrible things it includes death and
pestilence and sickness and all
therefore there's no question that we
regard the the the prospect of Hostage
taking as the worst of all tragedies
that we could imagine and we have an
immense Mitzvah to do what can be done
in order to get the hostages back look
at the rambam number
sevening hostages comes even before um
the poor before giving them clothes
before giving them
money there is no Mitzvah as great as
Pim and he gives a whole list now of
Mitzvah that you fulfill with
P because the people who are captive are
starving the
and they're thirsty and they lack basic
facilities and
clothing and we'll see this is very
important they are inherently in
life-threatening danger as a hostage and
we'll see that there's a debate about
this soon and we'll see what kind of
hostages are they talking about one of
the things that that has let out now is
one of the questions we're going to have
to ask next week is whether any of these
sources are relevant to us today which
we'll go through or are they talking
about a different reality it's a major
mistake to learn how sources and and
assume that the realities they're
dealing with are the same you need to
know the you need to know the reality to
know whether the sources are the same so
we'll see is our hostage situation the
same as the one that they're talking
about he says the ram carry on if you
ignore the
hostages from from redeeming them you
are breaking all of the following
Vitz don't let your heart be cruel and
your hand be close
don't stand by while your friend is
suffering don't let the non-jews work
the Jews that they've captured in front
of your eyes and not do anything about
it you have to do the you're break
breaking the Mitzvah of opening your
hand to save
them to save your brother to make him
live and if that's not all enough he
throws in a
from
save those who have been captured from
death and many similar
things he said it like three times
there's no greater MIT from the P just
in case you thought there was any
possibility of anything otherwise and if
you look in the gamar here you'll see
the gamar number eight again very um
relevant and resonant to our timesi
says rebi I some of the uh Gus say is
rebi IM was captured by Bandits to a
place where was a very dangerous
place so Rabon heard about this he
said let them make you know uh shrouds
for
him basically you know NE he's dead
already what can I do he was captured by
those people forget about it there
nothing I can
doeses CH ran says no you can't think
that you can't say that Rim Ben loes
also called R Lish is a very interesting
character in his early life before he
became a big he was a strong man now
some people say he was a bandit I heard
rakov midan say he was like a freedom
fighter against the Romans like a Jewish
vigilante jdl kind of guy and and and he
said I'm not I'm not hearing that you're
going to give up on
him I'm going if I'm going to kill or be
killed I'm going to go there raid and
get him
back I'm going to go back and take him
by force I'm not giving up on a hostage
AEL he went and in the end he did a deal
with the hostage takers V and they
released him meaning one group one Rabbi
was prepared to give up and the other
Rabbi said no you can't give up we have
to do what we can we have to try and
release them by force maybe that will
mean the force itself will lead to a
deal really interesting source that by
attacking them that made it more likely
that they would be able to do a deal
because of the force and again who's
going to make those kind of SAS who's
going to make those not in their mind if
we do this if we kill the guy in Lebanon
it's more likely there'll be a deal or
it's less likely there'll be a
deal who knows I don't know but you see
from this source that ra Lish says look
you know I feel that in this situation
force is needed in order to to to
provoke a deal you had a
question yes death this is talking about
hostages not prisoners pris in English
prisoners sounds like you're in prison
for a good reason you stole money and
we'll we'll talk about that I understand
you're right 100% correct I don't know
whether there I don't know whether there
was a concept of prisoners of War before
the 20th century we now have a Geneva
Convention there are prisoners of war
and there are certain rules I I I think
up until the 20th century prisoners and
hostages in those days were pretty much
the same thing but still there were
prisoners who were in life Danger and
there are prisoners who are not and
we'll talk about that there's a Shila
that came up we'll see R obach talks
about it if a Jewish man is put in
prison for theft is there aid for a pidu
to get him out of an American jail and R
says like what are you talking about
like they're not just happing people at
random and and holding them to Ransom
he's in jail because he stole money
maybe in jail he learn not to be a
thief we should use public money to get
him out of jail so clearly we're not
talking about those people but uh it it
is a good question rabak says a
fascinating thing in number nine and
then we'll get into some of the
limitations on this but just to finish
on how important it is matu
says there is a Mitzvah which is
included if you like in generally in
St but it's even greater than
ster this is redeeming
hostages I want to give you a he says I
want to
suggest because of this Mitzvah and how
great it
is
God introduced himself and praised
himself with this
Mitzvah in the Ten Commandments what did
God say I am your God who took you out
of Egypt
okay now there's a lot you can say about
this the has an entire hashkafic
development that why is God introduced
as God of history and not the god of
creation there's a lot of philosophical
points to be made but is not making a
philosophical
point he wanted to mention
the God says I just rescued
600,000 that's how I want to be known
that's how want I want you to know me
and
ends and God else
command we have to our value systems
have to be a copy of the way we perceive
God acts in the world it's very famous M
just we see God is merciful and we see
them people you copycat that behavior so
here just as we see that God is the the
the the of
all redeem 600,000 people so you have to
be like that as well by the way just in
Brackets uh ra solic used
to
okay but maybe you can do Miracles as
well
but I understand but that's for 600,000
we don't have to get 600,000 now we have
to get a few hundred out
but mentions this it's nothing to do
with this but I can't resist it he says
God always introduces God as unique
there is none other like God there is
nothing in the universe that even
compares to God and therefore just as
God is unique you have
a you have to be unique okay because
that is the Mitzvah of of of of going in
the ways of God okay this is all very
well there is a massive
Mitzvah the greatest of all Mitzvah but
there are limitations let's have a look
number 10 says the
Mish you can't you're not allowed to
redeem captives for more than their
worth that's a very cryptic phrase how
much how much is are people worth we'll
see some interesting chers on that
coming
up meaning what's t meaning there's a
longer term picture that you have to be
aware of yes on the one hand you have a
captive and their price is like without
value without without limit they're
human life and you have a massive MIT
but there's a longer term concern of TI
on it's going to there's going to be
consequences which are unwanted in the
intermediate or longer terms will the
gamor will debate what those
consequences are that's TI
the we're less focused on this right now
but we will come back to it you can't
break out by force captives Island
because that will also be bad in the
long term
and not just bad in the long term it'll
be bad for whoever's left if you break
out three of The Five Guys they're going
to crack down on the other two and it's
going to be worse for them so you see
here the mission introduces limits you
can't just go in and redeem captives
because of your sense of enormous
for the cses in the Mitzvah of it so the
G asks what is this we're really dealing
with the first one of the issue of pay
more than the value number 11 they
asked this this longer term um agenda
that we're worried
about is it because we're worried about
the the the pressure on the community
meaning what if you keep having to raise
money for another pigon and another
pigeon and people have to give more
money and more money and more money
you're going to impoverish the community
you can't do that you have to think of
the cloud as well as this poor soul
Who's let me just go on a littleit
because I don't have a lot of time you
have to think of that or or
maybe or maybe the problem is not the
community the problem is that if we pay
for a hostage too much money that will
encourage more hostage taking okay maybe
that's the concern Rashi number 12 says
the nafam Min is if they've got a rich
relative
that wants to redeem them then it's not
on the Public's funds so then we're not
concerned about pressure on financial
pressure on the public but we are still
concerned about the long-term
consequences okay so the rambam actually
and pretty much all the
MIM pick the first not the second reason
sorry the second not the first reason
excuse me still a bit jetlagged the the
the concern of pidan shum is the concern
that they will come to take more
captives look at number 13 says the
rambam again we will come back to what
that means more than their value we do
not redeem captiv for more than their
value what is
the so we don't encourage more hostage
taking he goes we don't break out
because it'll be bad on the other one so
the reason seems to be that we do not
want to encourage future hostage taking
go over the page to page four the rules
this way says number 14 call
Reger any minute any moment that we
delay in trying to get this the hostage
hostages
out whatever we can you know bring it
forward if we delay
it it's as if we've murdered them very
very very very severe we cannot delay it
however then
he but we can't pay too
much like we saw in the rambam the
people people shouldn't be encouraged
future hostage
taking but a person can pay whatever
they like to redeem themselves if it's
just about you and your own money that's
okay so too if a has been
captured or even a young promising
potential and they could turn into a
great
person and then we pay a fortune to get
them back we'll see what that means
coming up right now so what are the
rules the says do whatever you can to
get the hostage out don't pay too much
doesn't Define what that is because that
would encourage future hostage taking
and the two exceptions seem to be you
can get yourself out of jail if you've
got the money that's fine because that's
kind of a personal issue and if there's
a then we can do whatever we need to get
them out of uh captivity now in a moment
we're going to talk about RAV hutner and
when RAV hutner was captured in 1970 by
Palestinian terrorists and we'll see
what what what happened there but first
let's see a gamorra that seems to be a
contradiction to that look at number 15
we just said you're not allowed to pay
too much we not allowed to pay too much
tan RAB says number 15 this is one of
the garas that we read often people read
on it's one of the garas that deals
withu who is the famous RAB Yeshua
student of
RAB wrot me he went this was postan this
was I'd say around the year 100 CE okay
so it's into the period after the period
of Destruction he went to
Rome they said to
him there's a there's a Jewish child
who's in jail
here and what was the nature of this
child and he was a very attractive
little boy young man maybe young man
which mean he was also in danger of
being abused sexually abused in prison
which was another Factor as to why he
wanted to get this uh this child or this
young man
out Rua got went to the prison and he
kind of surreptitiously without getting
the guards to realize what he was doing
quoted the beginning of a posk that's
what you do if you're trying to work out
who's inside do they know the end of the
PK or do they not know the end of the PK
he wants to see who is this kid so he
says who has given yov up to spoil the
and over to robbers that's the beginning
of and the young man comes back with the
end of
theu we we were sinned against
Hashem the and they didn't walk in his
ways they didn't walk in his ways didn't
listen to his Torah he says oh this is a
young in the making he
knows I am confident this kid is going
to be a major figure for the Jewish
people and he takes an
oath I am not going to leave here until
I get him
out whatever they ask I'm going to pay
whatever they
ask and what happened they
said and he tack paid a fortune to get
this kid out
the and it wasn't very long at is until
he became a great poo who did this kid
become rebi Ismael Ben Elisha he was the
famous rebbi Ishmael the kind of partner
and sparring partner of RAB AA in in
Hala so so what's going on here this is
an important story where somebody saw a
kid in prison paid a fortune to get him
out what happened to the rule that
you're not allowed to pay too much money
about wasn't a that he wasn't a what a
maid meaning it wasn't a
woman ah okay but he wasn't a he was a
kid he was a Jewish kid that had been
captured um tophus gives three reasons
why this is an exception and they become
very important to us have a look in
number 16 toas comes along and says call
he paid a fortune to get this captive
back why and he says an interesting an
unusual
thing s
when there is a danger to the host's
life then you pray whatever it makes
whatever it takes if they're in
life-threatening danger so that's why
they paid more well that's a bit of a
problem why is it a problem because
every hostage is in life-threatening
danger that's the whole nature of being
a hostage isn't that what the rambam
said the nature of being a hostage is
that you're in danger of immediate death
so what does he mean this was this boy
was in more danger we'll talk about that
orami or en
alternatively okay that's the exception
you could see this kid was going to be
the most
fantastic you can't live without them
they're worth a Fortune of
money interesting they describing
physically as well but the to doesn't
mention that because we didn't
differentiate in this between it it
seems to be because it was mentioned in
the gamar number 17 tophus gives a third
reason what are the first two again
either that we uh he was in
life-threatening Danger so it was
different or it was for a Time says the
to at the
end um at the end of the end number
17 because it was such a time of the
consideration maybe they'll take more
hostages in future was not
relevant why not what was the nature
ofan so let's just dwell on that for a
second why might that be an exception
when there's a a time of quban you can
pay anything you need to pay so there's
a few reasons that I've seen given one
reason is because it's a time ofan how
worse can it get it's the whole thing is
a disaster think about in the middle of
the of of the Holocaust like whatever
you do whatever you do it's not going to
make it worse it can't get any worse
it's as bad as it can be that could be
one answer therefore the whole long-term
implications argument is just not
relevant right now ra Asha gives another
suggested reason
which I think is his when he talks about
this he says CU maybe in a time of the
people need more there needs to be a
morale boost you can't have these people
stuck in prison when everybody is
worried about them Etc because it's such
a disastrous time for the Jewish people
you need to go that extra mile to raise
the morale of the people interesting
that maybe because it's aan um but what
about this life-threatening situation
most pokim reject this and say it's just
not relevant we'll see in a minute a
very interesting Chua um because every
hostage is in a life-threatening
situation um and let me get you to uh
the case of RAV hutner I put at the
bottom of page four in 1970 you probably
remember this again I was only a little
Nipper at the time um the uh R hutner
was hijacked his plane was
hijacked and Reed roted to
Jordan R hutner was on the plane his
wife and his daughter-in-law his
daughter and his son-in-law Rabbi David
was on the plane um and the terrorist
let all the Jews go and they said
basically they're going to kill all the
Jews and the question is what to do
about it so go over to page five you'll
see there was an interesting debate at
the time RAV hutna was taken away they
realized who he was and held in a
private isolated location and everybody
was daving to get him out eventually he
was reunited with the other hostages and
eventually they were released at the
time by the way Jordan used this because
the plane landed in Jordan Jordan was
incensed and King Hussein uh took that
opportunity to kill as many of the
Palestinians as he could in Jordan black
uh September and that's when yasa Arafat
ended up going to Lebanon which of
course was the cause for the later
Lebanon war Etc as well um at the time
the the poim debated what should we do
rakov kineski was asked about this they
said look raav hutna he surely is the
exception he's one of the gor we have to
pay whatever it takes to get out RAV
hutner and rakov kineski said no R mha
Feinstein I gave you the letter I give
you the original and a translation said
yeah we have to do a deal we have to do
a deal rakov Kami says no we're not
doing no deals he was against it for a
few reasons first of all he said um the
Jewish people is a war this is a very
important factor which we'll come back
to next time in the time after this is
not talking about a private hostage
taking situation which in for most of
Jewish history was for the purpose of
money they wanted money the more the
more people they took the more money
they got they were only interested in
the money which is by the way why you
can see that in certain hostage
situations there was not such a danger
to life because the daa needed to keep
them alive to get the money so rakov he
says no this is not our situation now
these people are taking hostages because
they're at war with the state of Israel
it's a completely different situation
and the normal rules don't apply we'll
see that in in more detail he also felt
that it was a a big it would be a bigem
to get ra hutner out and to not get
anyone else out and he was and he was
worried about that so he told them under
no circumstances R mosha FY wrote to
Gold Maya and and in the end again there
was a happy resolution to that and you
you probably remember the whole story
and when R hutner came home etc etc did
he get out how did he get out they they
released him they released they released
him um I don't know all the details of
how how why they relas
St ran on to the they ran did they did
they do that then I don't think they did
that then that was anbi we'll get to
anbi next week with with with in the
case of RAV hutner they actually
released the hostages we'll we'll end
the share in 15 minutes with a thought
that RAV hoodner had while he was a
hostage but you see that the idea of
redemption of hostages when their lives
are in danger is a complicated one a
complicated one I brought you some
sources I'm not going to in great detail
but um just look at 19 for a
second it's okay don't worry about
it they they they they boo they booby
trap the phone so you can't turn them
off so okay first of all first of all
the ramban let's look at number 19 let's
go through some of these sources quickly
we're not going to look read every word
the ra the ramban says okay tophus
mentions this if the life is in danger
so it can't be because every hostage
life is in danger that's what they say
he says there um and he says the
Situation's different why because we
can't live without a if it's a god God
hador it's the God hador you know it's
worth all that money but a normal life
threatening situation well that's
everybody and so to the m ramlin i want
to look in a little bit more detail
about ramlin because it's a fascinating
shua which has its ironic side as well
look at number 20 with me says the maram
Lublin who's the maram Lublin the maram
Lublin was RA WF benalia of Lublin he
lived in Poland in the 16th
century there was a story there was a
case in his time of a young
boy he was captured by the
Arabs and they claimed that he' had
sexual relations with an Arab woman
which was prohibited okay Jewish
boy and they wanted to kill
him or to convert him to Islam which
makes it okay in some way
okay does the the C have an
obligation do they have an obligation to
get this kid out now again this kid got
himself into the trouble he ended up
running off with an Arab girl and now
the Arabs caught him so what does he say
here and is it even sorry I missed the
line he was guilty he got himself into
the
trouble he couldn't resist the girl he
knew the consequences he he slept with
the girl
anyway if we if we do have to get him
out do we have to pay extra to get him
out can we overpay to get him
out what what does it mean what he's
worth so look at
the
says I think it's absolutely clear he
says of course we have to try and get
this kid
out it doesn't matter the kid made a
stupid mistake he doesn't deserve to be
killed for it we all make mistakes he
got himself into trouble of course we
have to redeem him look under the line
that says Chua nearly POS it's equally
clear but we mustn't overpay for the
kid I don't know why you would even
think that you have to overpay for this
guy there's no difference there's no
difference that he's in life D
threatening danger he rejects that idea
he's not a
he's a silly kid who ran off with a with
a with an Arab girl and he brings a
proof from a famous case before of the
Mari vile which is not comical but
you'll see why why why it's
interesting on the
second he brings a case from the maral
who lived in Europe
beforehand Ezra this is fellow called
Aram Ezra and his wife and his
granddaughter I think it turns out was
was kidnapped and held
hostage and the sultan or the the head
of the Town held them for ransom one
hard you know one strong strong ruler
held
them and he also wanted to convert the
the girl to Islam and what happened the
husband couldn't afford to redeem his
wife this guy rid s came in as a as a
sort of philanthropist and paid out the
money to redeem uh this fellow's wife
and granddaughter but at El and he paid
a th000 gold coins and what happened
next v i AB Ezra and this abam Ezra was
then asked to pay the money back David
the David Senter said I've redeemed your
wife and your granddaughter I paid a
th000 gold coins for them you we can
work out a payment plan but you you you
need to give me the money back and the
husband took him to Court cuz he said
you paid too much money for my
wife wow he had two esss he says number
one you pay too much and number two why
so
quick we could have done a better deal
with the government she was she was okay
you know you so he he took him to Bas in
saying I don't owe you the money because
you overpaid for my
wife you can't make this stuff up okay
the Royal he didn't want to
pay he claimed you paid over the odds
for my wife and what's interesting he
says in the end that the Mari wild threw
him out of court and said how disgusting
of course you have to pay for your wife
but one of the things he didn't say and
this is when you know chers are
brilliant when it's not that they
analyze what the was said but what
wasn't said at no point did he turn
around to the guy and say well you're
allowed to overpay if the person's in
danger he never said that meaning you
you're not allowed to overpay even if
the person's in danger here of course
you have to pay back cuz it's your wife
whatever but he never said that and
therefore he said you see from here that
this idea that if the person's in danger
he said is rejected and I brought you 21
I'm not getting into this in detail
there's um the pis Chua brings down
different people one side and the other
side whether this danger to life issue
is relevant bottom line most postum hold
that the issue of danger to life is not
a decisive Factor when it comes to
paying over the odds because s
all hostages to some degree or other are
in Mortal danger you can look at the the
back and forth on that uh later on I
brought you the issue of the maram of
Rottenberg the maram of Rottenberg is a
very famous case uh he was the leader of
uh the German jury in the late 1200s and
he was taken captive um I think by King
Rudolph and he was uh held for ransom uh
in a uh in a castle uh in enim which is
a little village now on the German
French border in alsas and uh the uh the
king requested an enormous Ransom to get
the maram of rotenberg
back so you'll say well of course it's m
because he's a tam how can you get more
of a tamen case than this and they
raised an enormous Ransom to get him
back and he refused he did not let them
pay the ransom and he died he died of
old age he didn't die of mistreatment I
imagine it didn't do him any good to be
uh in the castle but he died eventually
and they wouldn't even release his body
and the famous situation is Alexander
wimon later paid money to get his body
back and The Story Goes that the maral
the mar appeared to him in a dream and
said you can have two rewards either you
can have a riches for you and your
family for all the generations or you
can be with me in ol Haba so so he took
ol Haba because you never know whether
money's good for your kids or not good
for your kids okay it could go either
way buta sounds like a good deal and in
the end he's buried they're buried
together if you go to the to the
cemetery in vers you were there you see
the maram of Rottenberg and vimon is is
buried there so the question is why
didn't he allow them to pay the ransom
so just go over the page I know we're
flipping around just go over the page I
brought you the yamel
schlomo the yam
schlomo says a very interesting thing he
says the reason he did he didn't let
them pay over the odds is because he
realized that they didn't know exactly
who he was and if they paid so much
money they would become aware wow what
do we got here you take one of their gim
and it's Mega buck so he realized they
wanted to kidnap other s senior post gim
the rash who was the student of the mar
the ram of rotenberg escaped he actually
made it to uh to Spain and became the ra
of Toledo which was interesting you had
an ashkanazi RAV who became the rav of
Toledo which is a whole different story
um but the RAM says the
the says he wouldn't let them pay
because he didn't want to encourage they
were just going to take more gim and it
was going to be worse in the long term
for the Torah of the Jewish people um
and therefore he says that was the
answer of the maram of Rottenberg case
however he brings in 23 and also the RAS
in 24 and says at the end of the day
however let's look at the maral in
23 he was in Poland in the 1600s
and people are very generous even though
there's a that you're not meant to
overpay you can't hold Jews back because
when there's a hostage
situation their their their hearts are
impossible to you can't tell people that
we can't redeem these hostages it's very
interesting so people redeem even for
over the
odds there was a situation in
turkey and people were paying more and
more and more and more money money for
hostages they were they didn't care how
much money
was God should give
them their place is surely in they had
all the right intentions um and he said
at the end of the day we're also we we
we're not a big people we can't afford
to lose anybody if they've got hostages
these are all precious Jews we're a
small community and every Jew counts and
therefore we have to get as many people
back as we can get and therefore even
though there is this General principle
we don't
overpay Jews have not stuck to that over
the years the radbas in number 24 I'll
summarize what he says he says how much
how much is called the worth of a person
so it says the worth of a person is what
non-jews would pay to get their hostages
back what would non-jews give to get
their own hostages back he says and even
though it's not the same and he br
brings the because the non-jewish
hostage is a big star of people and the
Jews and neb like you know schl is like
very uh little you know and you you
would have thought that this was worth
much more than this one it doesn't
matter the going rate is whatever
non-jews would
pay however he says nobody sticks to
that because the Jews have incredible um
urge to to redeem hostages and look at
the last paragraph the of number
and even though there's a rule that we
don't redeem captures more than they
Earth maybe they would exception in this
situation and since you never know let
the Jewish people
be let them let them have this enormous
M
of they get so happy happy when the
hostages
released and surely they will get a
great reward for wanting to get these
hostages back so what do we see so far
what's the story so far let's summarize
and end with one
thing there's an enormous mum
hostages however there's a tick on allam
imperative not to overpay for the
hostages what does overpay mean overpay
means more than other people would pay
for their hostages and what's the reason
for that because we don't want to includ
encourage hostage taking are there
exceptions one exception is although we
saw with the maram of rotenberg and with
RAV hutner it doesn't always work that
way one exception might be well what how
much worse could it get and one
exception might be when the when the
hostage is in life-threatening data
although most pokim rejected that
because they said look at the end of the
day all hostages are in life-threatening
data that's not relevant however not
withstanding that restriction that that
ceiling we see that Jewish Community
after Jewish Community could not hold
themselves back from campaigning to
redeem their hostages and what I find
this so interesting and inspiring that
we see this today we see the people on
the one hand on the other hand how can
we yes how can we know Etc what we have
not discussed yet which we'll discuss
next week is how does any of this work
when the price the terrorists are
demanding is not money but is the
release of other terrorists how do you
weigh that up now if you start saying
well what would non-jewish governments
how many terrorists would they release
to get people back none is the answer in
fact there are even situations where
non-jewish governments will even send
their own soldiers in to kill the
hostage of their hostage because they
reckon a Dead Soldier is much less
damage than a hostage Soldier which we
couldn't even think of doing that like
on purpose NE it's like in the In The
Heat Of War things happen that we don't
want to happen but how can you how can
you compare the Jewish government you
give away a thousand hostages thousand
terrorists sorry for a hostage Etc so we
need to talk about that next week
because there there is what to say about
that and it and it doesn't necessarily
go with these sources but I wanted to
finish just with one thought which is
it's one minute to go till quarter past
11 just look at the last page RAV hutner
was asked by his son-in-law Rabbi David
what was he thinking when he was all
alone taken aside as a hostage separate
from all the other people who were
kidnapped on the plane and RAV hutner
answered he was thinking of a Rashi in
yamus
da that's what he was thinking what was
the Rashi he was thinking of so look at
the gar number 25
T if a g if a non-jew wants to come and
convert to
Judaism we say to
them why on Earth would you want to join
the Jewish
people don't you know how the situation
of the Jewish people is today how Under
Pressure we
are persecuted
anti-Semitism the what troubles we have
as Jews you want to be Jewish is there
anything wrong with you why would you
want to be Jewish the if the nju
says I do know the die and I'm not even
worth
that then we say oh you're the real deal
what does he mean I'm not worth that
Rashi says in number
26 I'm not even worthy of being
persecuted as a Jew it's a to be a Jew
even if you're persecuted as a
Jew Hali that I had the to be persecuted
because I'm Jewish it's for me me would
be an honor to be persecuted as a Jew
says R hutner that's what I was thinking
of this Rashi when I was sitting there
all on my own like I have the to be
Jewish even in this situation it's a
merit okay rautner could think those
things and now you know what R hutner
was thinking on the plane um but this we
we are we are only just at the beginning
of this journey next week we need to
take it into the terrorists for hostage
situation which is which in invoke a
whole bunch of different sources quick
question yes Simon
is
your yes oh that was an easy question is
my Shear always going to be on Monday
yes i' I've never had a yes no answer so
easy as that
yes yeah yes and I've got to finish
because we're over
time
yes civilians yes absolutely and that is
a major consideration 100% we will see
next week that that is a major
consideration as to whether whether we
need to whether soldiers need to know
raos talks about this and others too
that no matter what
happens we will not leave you behind
will that motivate them to fight more
which is not the case with a civilian
which is interesting because rorian says
a soldier has to know that whatever
happens they're going to come and get
him I wonder whether that's what
soldiers think today if you asked a
soldier you know would you want us to
release a thousand Palestinian
terrorists if God forbid you ever got
captured I I I think a lot of our young
people would say no that you don't do
that for me which is interesting but
we're going to talk about who knows how
to weigh those issues but we will talk
about them next week okay we'll leave it
here thank you so much