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Prisoner Exchange in Halacha By Rabbi Yitzchak Breitowitz
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okay hi good morning everybody uh first
uh to announce the
dedications uh for the entire
year uh the Tuesday share this Tuesday
share was sponsored by r f and Sharon
Alman in memory of their
parents Yona Ben
sadok and uh Esther Bas Rafael and their
son uh may all of the mat and we're very
very grateful uh for the generous
support um I thought I would take a
little break we're in the middle of a
topic but I uh in light of the news and
the like I wanted to maybe give you one
session on the hak issues that involve
prisoner releases and hostage exchanges
uh now granted I don't think natano was
Consulting with too many rabbis on this
I certainly didn't get a phone call but
who knows uh but it is an issue and of
course uh this is not the first time
that the state of Israel has to deal
with this heartbreaking issue we had
galat Shalit uh story a few years ago
and before that the truth is even with
in tbbi at least initially which was
under consideration was some type of
prisoner Exchange program it happened to
be it was rendered moot by virtue of the
very courageous and really miraculous
and TBB raid where as all of you know uh
Yoni Nano the prime minister s's brother
lost his life uh in leading that
particular
raid so um it's a very very difficult
and emotional issue and uh you know I
don't I'm going to be relatively
dispassionate and objective here but
that that certainly does not mean that
I'm cold and unfeeling uh in terms of
the human Dimension but I just want you
to understand perhaps many of you have
done this looked at this already so I
apologize if what I say is not a Kish
necessarily but I just want to go over
the primary
mcor that deals with this particular
problem on one hand we know there is a
great great Mitzvah called P people who
are in captive people who are held
against their will there's a great
Mitzvah to Ransom them to free them to
get them out of their uh condition uh
PID is such an important Mitzvah that we
even sell a safer Torah or sell a sh to
be able to have money to get pigeon now
it's a little aside by the way this is
kind of digression what is the
definition of a captive now obviously U
people who are held by Kamas as hostages
are certainly captives but the
interesting question is what if you have
a Jewish person who actually committed a
crime and he was Tried by a court and
was sentenced to
jail uh whether it would be Jonathan
Pard whether it would be rubashkin now
so the question would be you know they
committed a crime uh are they considered
to be captive
now there is a story through mosha
Feinstein a very interesting story uh
and again I'm not comparing p and
rubashkin I I'll talk about that
separately in a minute but the story
that went to R Moshe was there was a
member of the F Community I think in New
York who had a son who was convicted of
cocaine dealing drug dealing and the
person went to R MOA I'm not sure what
Raa could have done but they asked rosha
write a letter could rosha make an
appearance could rosha send somebody
there to vouch for know good the boy's a
good character he just fell it with the
wrong people and it is said mosha looked
at the man and said your son ought to be
in jail what's what's the concept your
son did things that were dangerous your
son did things that endangered the lives
of people maybe he even killed people he
says there's nothing wrong with him
being in jail and there's no Mitzvah to
try to get him out of jail as it were
now this is the story now which suggests
in other words that you know criminals
should be in jail now obvious viously
obviously the Pard and rubashkin
situations are very very different
because there you're dealing number one
with non-violent crimes and indeed in
the case of Jonathan Pard uh the
information that he gave was to a
friendly Ally of the United States and
indeed there was information that the US
government should have turned over
anyway uh even rubashkin rubashkin was
guilty of things but these are the types
of things that you commonly get you know
7 months in jail and $100,000 fine to
get whatever he got a 25e sentence was
was so muga so out of proportion you
know the average sentence for murder in
the United States is seven
years you know uh some rubashkin because
what was what one what was one of his
crimes one of his crimes was he
overvalued his assets in a loan
application to a to a bank but he paid
back the loan the loan was paid back the
bank said you know we don't care we're
not a press charges we got our money but
the government said no we have to
prosecute fraud so Trump has the same
yeah it's the same thing that Trump is
going through
meaning you can't make a general
statement meaning some prison sentences
are so unjust so unfair uh whether it's
through anti-Semitism or other features
you know I don't really
know so at that point that type of
prisoner might be a sh and there's a
mitvah but when it comes to violent
offenders who are really dangerous to
other people rosha said that you know
they're not shuin they're getting the
punishment that they need or that they
deserve now that doesn't mean see that
doesn't mean we don't try to provide
them support uh you know whatever it
would be there's a wonderful
organization kabad has the alif
organization that actually works and
helps Jewish prisoners whether it's
kosher food whether it's learning
whether it's filling those things we
should do a Jew is still a Jew meaning
even if it's not P sh to get him out we
try to help him in whatever way we can
even if you know there's always Chu Etc
but you're not necessarily A shaboy but
of course uh to our sorrow that is
academic with respect to our hostages
because our are 1,00% shim so on one
hand there's a great great Mitzvah
called p and I see a sign a banner out
that right near the show here that says
and indeed call
it because
it's and sexual abuse and and all sorts
of tragic tragic things but here's the
problem the problem is that when you
secure the release of shin in ways that
do create danger for the general
population how do you strike the balance
do you say hey I got 200 people there I
got to do whatever I can to save their
lives no matter what's going to be or do
I say well wait a second here I can't
endanger or I shouldn't
endanger potentially thousands of people
we already know that in the galad Shalit
which of course was a a ratio of a
thousand to one I think that one of the
people sinir one of the terrorists who
who was released was actually
instrumental in planning the the Hamas
attack of oo the Pam as we call it of
October 7 so this is really a heart you
know politically emotionally it is a
heartbreaking decision because how does
a a government official look a parent in
their face and say I'm sorry we're not
going to rescue your child because we
we're not going to release terrorists or
or whatever it would be you know so let
me just share with you the main halik
source the main halik source on this
question is a mishna
in Al
that
says uh this is deals from in the
ancient world where people would be
seized just kidnapped it's not a war
situation necessarily they were held to
be sold as slaves and Jewish communities
would often Ransom uh these people to
free them from their slavery meaning
essentially they bought a slave but of
course uh they didn't hold him as a
slave just they bought him just to uh
get him free so it mentions that you
don't pay beyond their worth now of
course what does that mean beyond their
worth life is infinite but it actually
means that slaves had in a slave market
Society human beings had an economic
value how much would you would the
normal price be for you now that depends
of course on your age on your strength
on your talents on your abilities Etc
some people you know would command a
bigger price some people command a
lesser price so if the kidnappers are
just demanding the standard price in the
slave market then you got to pay it
that's the mitz P but if they are
demanding more than the standard slave
market price kazal made a takana that
you do not pay excessive ransoms beyond
their market value now the gar the
mishna does not well the mission says
and the reason for this is
T this is a rectification or an
improvement or a Tak for the benefit of
society but the to the mishna does not
say what is the benefit of the society
here so the gamar proceeds to explain
that there are two
possibilities one
is and that is we don't want communities
to go bankrupt paying of ram ram every
time somebody gets kidnapped a community
has to come up with $10 million or
whatever 40 million shek at some point
they're not going to have money for
hospitals for yot for roads whatever for
you know for everything that Society
needs so therefore kazal Exempted them
from paying these excessive ransoms
because it would deplete resources
that's reason number
one we don't want communities to
impoverish themselves by paying these
ransoms the second reason is we don't
want to encourage hostage takings in the
future which will endanger more and more
people because if the kidnapper knows
that they could get whatever they could
possibly get and we have to come up with
the money then yeah they'll give you the
hostage and then they'll take more
people and more people and more people
people so kazal were concerned with the
future dangers of giving into the
demands of kidnappers meaning to say uh
we don't give in to those demands
because of the dangers that would be
occasioned by encouraging kidnapping now
the gamara says there's a nafina there's
a practical difference here and that is
and this may be very hard to swallow can
an individual who come up with his own
resources meaning here's the idea uh
let's assume that the community is not
being asked but it happens to be that
somebody's child God forbid was
kidnapped again we're not talking about
Kamas yet I'm just talking about routine
kidnappers for slavery and we'll come
back to the modern situation that we're
facing now the community if it's only a
concern that a community should not
deplete its resources well a private
person can spend his money any way he
wants so if I want to spend my money to
Ransom my child I'll spend my money to
Ransom my child who's going to tell me
we know but here is the kicker if you go
with the second reason that kazal were
concerned not to encourage or embolden
future kidnappings as strange as it
sounds the parent would not be
allowed to pay an excessive re now that
my guess is most parents wouldn't listen
if they had the resources so um indeed
the gar gives the story about a certain
person who PID a huge sum to get his
daughter back and the gamar says okay he
did it parents do what they do but
Shalo it was not in accordance with the
will of the sages so theoretically there
actually is a rule that even a parent is
not allowed to pay an excessive Ransom
but that's only like the second reason
meaning if you go
with communal resources would be
permitted like the second reason even
would not be permitted to do it I have
to say that the r and the all pasan like
the second reason that our concern is
not merely economic preservation of
resources Our concern is to Shield the
public from the danger of Hostage
takings over or kidnappings over and
over and over again and therefore the
theory is the halakic theory is if the
kidnapper knows they're not going to be
able to make a exorbitant profet it's
less likely less likely that they'll do
it uh in the in the future and therefore
this is the tick
now here is the
thing when you're dealing with not just
well well actually let me give you one
example where this was actually carried
out in the 13th century 1200s there was
a very great Rabbi who was considered to
be among ashic Jews the
godash and this was rabi mayor of
renberg Mahar called maharam M
Rutenberg and he was the rebi of the
rush he really was the true godal hador
of all ashkanazi jewelry and uh he was
kidnapped he was just held for ransom it
was no big deal they just took him for
ransom and uh they
demanded excessive uh money a lot of
money and marami Rittenberg instructed
the Jewish Community not to pay the
ransom based on this principle in the
miss
that you don't redeem captives more than
their economic value now his own talmud
the rash rabo aser disagreed and Raba
yasher felt that we have an obligation
to redeem marami Rutenberg because he
was the God hador I'll talk about the
gador exception in a few moments but the
maram had a very logical argument if you
consider me the galador how can you
violate my Pak not your redeem it
meaning you're going to violate my based
on me being the godor you know that's
that's a logical contradiction so marami
Rittenberg actually languished in a
confinement for more than seven years uh
he died in confinement now now
bem uh apparently his life was not in
danger I don't know why they wouldn't
kill him but brem they just held him and
it was not uh such a well I mean it was
it was bad but it wasn't as bad as you
might imagine he was able to have tal
visit him he was able to give shim he
was able to write some of his and date
from his captivity so it was more like a
kind of a house arrest you know he was
confined to a room uh but in that room
he he had the resources he needed to be
able to to live a Jewish life but still
for seven years to be put in the
confinement yeah does NE not yeah I'll
I'll I'll I'll address it I I'll address
uh yeah now what happened was when he he
then died in
captivity and uh the captive the Caps
were demanding a ransom to release his
body and here already interestingly
enough uh since he was no longer alive
the rush felt he could activate his his
Pak and uh there was an individual who
paid a very wealthy man who uh paid to
have the marami renberg's body released
on the condition that when the man dies
he would be buried next to maharam
Rutenberg and indeed in Germany in
Rottenberg wherever wherever that is I
don't even know where the city is but
where it is is in the old Jewish
cemetery we still have the Kev of marami
Rutenberg and next to him is the person
who ransomed uh paid the ransom uh to
get him out of that captivity uh so um
this was actually applied in practice
now when we apply this principle to
hostage exchanges on one level this is
even worse than the problem that the
gamar is concerned about the gamar was
concerned with the problem that if we
pay excessive ransoms we are embold
emboldening and encouraging more
kidnappings in the future now certainly
that problem exists with prisoner
exchanges as well that they might as
well take more Jewish is but there's an
additional problem that goes beyond that
and that is the release of the terrorist
itself it's not just they're going to
kidnap more people the terrorists who
are being released can God forbid kill
uh many Jews in other words if the
gamarra has a problem don't give in to
the kidnappers because of future dangers
a hostage release or a prisoner release
whatever language you want to use uh is
even worse than simply paying Ransom to
the kidnapper when I pay Ransom to a
kidnapper so the problem is that may
encourage kidnapping and that's a
problem here too but here in addition to
the problem of encouraging kidnapping we
actually are releasing terrorists back
into the population
so so problem number one again problem
I'm I'm not giving up sock yet in I
Won't Give Up sock at all but problem
number one is is a prisoner Exchange
program Again by the way whether you
call it a prisoner exchange or a hostage
exchange you know it's it's a it's a
funny semantic difference I understand
that Hamas likes to call it prisoner
exchange Etc uh but whatever it is uh
I'm not going to get into the semantics
or the politically correct way of of
referring to these things uh but the
problem basically is that this is a
violation of the Rabin enactment of a
poan
because it is creating dangers to the
public as well as encouraging future
hostage takings so what's the other side
of this so here's the thing
tosos asks a number of questions and
tosos gives a number of answers and
depending on the answer you'll have some
important differences about the
legitimacy of these programs the gamarra
gives a story in fact uh you know
there's a gamar that everybody learns on
Tish right on Tish we're not allowed to
learn regular Torah so we learn those
goras that are sad or about the Corin
mikash so the famous one of the famous
passages that people learn is in also in
m and that's the story of Kam and bar
and all of the different stories so if
you go far enough sometimes people don't
learn to the end of the story there's a
particular story that the gamorra says
that RAB Yeshua Ben this is in the
aftermath of the B mikdash encountered a
beautiful child a child that even
physically was very very beautiful and
he had a sense that this was not
physical Beauty but there was some
something very special about this child
and and uh he he gave him like a little
test with a PK he just shouted out you
know the kid was being sold as a slave
or whatever it was and he just shouted
out half a PK to see if the child could
respond with the other half of the PK
and this is a PK in I think
yes mov who put the Jewish people in
plunder and the P ends
H it's hasem that did it because we
didn't keep the mitzvos and this is
God's punishment so RAB Yeshua said who
put B Israel in plunder and the child
said hello
so it's really two things number one he
knew the p and number two he was
affirming the idea of the P that
everything is from Hashem and we accept
it we don't complain Etc we don't Tiner
against Hashem and Rua
said I am very sure that this child will
grow up to be a great great Jewish
leader a
great and I will redeem him for whatever
price is the demand it and it is said
that he raised a huge amount of money to
redeem this child this is a story in the
gamar so toos asks the question that how
could that be uh the is even an
individual is not supposed to according
to the reason of not to encourage even
the individual is not supposed to pay an
excessive Ransom because you're
encouraging hostage taking and and the
like so how could
violate the
of so there are two different Tois and
but they give a total of three answers
and these answers will make a big
difference in our situation answer
number one we will call the godor
exception meaning if somebody is an
exceptionally great tus scholar or in
this case the potential to be an
exceptionally great torus scholar all
bets are
you can do whatever you need to do and
therefore rhua saw in this person who
indeed did become a great
great God that uh he's worthy of being
redeemed no matter what it is so that
would only apply to the not necessarily
gador but to someone who potentially
will be a great Torah scholar that is
answer number one answer number two is
your point that is this was a
situation of
PES now this is a huge huge exception to
the rule of the mishna meaning according
to answer number
two the
rule that we don't pay excessive ransoms
because we're worried about future
problems only
applies where the life of the hostages
is not
jeopardized where the life of the
hostage of
the
is the is we do whatever we can because
of ah you'll ask me the obvious question
why should the PES of
the be more important than the P of
future people whose lives may be end
danger that that's the obvious question
and the answer is because one is V and
one is sufff meaning to say the people
who are kidnapped they are presently in
a definitive danger their lives are in
danger every single second it's hard to
believe but you have to understand this
every single second that they are inas
custody or whatever in a captivity
situation like that that is V Sak now to
talk about the future dangers of
releasing terrorists
they certainly do exist but they are in
the nature of speculative dangers you
know maybe you know the IDF or the shinb
or whatever it would be is going to stop
them uh and the like so as a result
there is a general rule according to
this remember this is only one answer in
other words this is not a final answer
this is one answer uh we we apply the
rule that those who are in V definitive
danger override speculative dangers that
may or may not occur in the future now
that's a huge hole because that
basically says that a mishna that looks
like it's a general rule will actually
apply in relatively few cases like
marami renberg would be a case like that
because the vast majority of both
kidnappings and certainly hostage
takings is a situation according to this
answer of toos the whole mishna is not
going to apply in a situation now but
keep in mind mind though that the fact
that toos gave another answer for the
for the rabi Yoshua story indicates
that like that answer would not be
sufficient and indeed the ramban says
explicitly the ramban absolutely
disagrees with toos and the ramban says
even even if that means the hostage is
going to die this is what the ramban
says we do not redeem them in excess of
their value because we have to be
concerned with danger to the public so
you have a clear M between toos and ran
on this critical point in many ways
although I'll give you another bit of
reasoning a little later in many ways
this is the Crux of the issue here
because we
have who are in a definitive state of
Sakana and we're going to secure their
release by doing something that
potentially May
endanger the population and again this
is in actually three different ways in
some ways number one by releasing
terrorists number two by the ceas fire
that gives you know Hamas time to
regroup and of course Hamas can play
this uh forever I mean they could
basically say you know they could
stretch this out for 6 months or more
and uh they could rebuild build a lot of
capacities uh within 6 months and number
three it encourages future kidnapping so
so there are three Sak I mean they're
all related there is the release of the
terrorist per se who could be MIM there
is the uh ceasefire uh which gives them
time and there is the encouraging of the
kidnapping so if you go with the answer
that for PES we don't care about future
dangers we just look Here and Now such a
deal would be much not only much would
be a Mitzvah if on the other hand you
follow the ramban's view that the of the
is that we ignore even the S of in order
to save Society from a future danger
this would be disallowed so you see
already that the halak legitimacy of
these types of exchange programs would
be subject to the mlo between toos and
the ramban how to understand the rabi
Ismael well was the name of the rabbi
but rabi Yeshua was the ransom rabi
Ishmael was the kid who became rabi
ishma later uh that how do you
understand the rabbi Ishmael story do
you carve it out as a narrow little
exception for
godor or do you generalize it that
whenever there
be we look at the present definitive
danger and we don't consider the future
future dangers and that does mean that
the whole mishna is talking about a
relatively uncommon case where the kidna
victim's life is not in danger that's
pretty rare in fact I don't I don't even
understand uh why my Ramy Rittenberg was
not in danger I mean why wouldn't they
kill him I'm not sure exactly why but in
that type of case that's when you apply
the mishna of course marami Rutenberg
rejected the gadar exception that that
that's what the rush tried to do okay so
this is the issue now I heard an
interview
uh in a way it was kind of a little
frightening uh with Jonathan Pard and uh
Ravid
baril was a very very interesting fellow
uh you know an orthodox Rabbi but really
a Maverick kind of a little little
unusual in many many ways and Jonathan
Pard said that the hostage release thing
uh the prisoner exchange whatever you
want to call it was absolutely wrong he
says Israel has lost the war he said
every that will be killed from this day
forward is for nothing because uh we
have lost the war by giving in by a
ceasefire uh he made the claim that if
if all the hostages do get released of
course I we pray that it should be the
case the us is going to tell Israel what
are you what are you fighting for you
got you got what you want uh and uh he
said when you're fighting a war and I'll
I'll come to that when you're fighting a
war you got to uh not stop until you
achieve a military objective he was
absolutely against putting pictures of
the hostages there and he said a
National Emergency should have been
declared I'm quoting him this is not me
talking and he said that the families
should have been ordered not to make any
public statements and if they refused to
comply he said round him up and throw
them in
prison uh you
know it was hard to even hear those
words but that's what he said and he
gave a Demian when he was in the Navy he
learned that if you're in a
submarine and uh there's a leak in uh
let's say the the back half of the
submarine and the submarine is going to
uh sink you have to seal off the back
half even if that means there are a
bunch of people stuck who can't you know
can't leave that part of the submarine
for whatever reason and they're going to
die he says you have to do that to save
the lives of the rest of the people he
said we have a similar type of problem
uh again um H you know how do I how do
you look in the eyes of a
parent who is saying what are you doing
for my son or daughter and your answer
is they're I'm sorry they're going to
have to die because of our military
objective of destroying Hamas very very
very very very
but once again though uh the bottom line
to all of this is although I'll mention
one counterargument is that um according
to one answer of
tosos this is a
legitimate procedure because the people
who are
are
there's and even though we're doing p in
a way that is potentially endangering
future people but that potenti danger is
speculative and unknown and according to
this answer of toos you have to look at
your actual danger uh and that trumps
the potential danger andaj
ysf um well he was he's not alive now
but but with the gonal he actually
approved the gon Shalit uh
transaction uh they say rebel Yash did
as well uh so many many can follow uh
this toos there were however others who
took the position like the ramban that
the larger protection of
society requires that people people be
endangered if that's necessary now
what's interesting is that you know the
state of Israel in the past has not only
released terrorists for people who are
alive they've released terrorists for
dead bodies so so the question that's
interesting is even if you go with tovos
that were allowed to pay excessive
ransoms
for would there be a heter to pay
excessive
ransoms when someone's already dead but
for K to get a dead body back it's not
clear at all that there is a header for
that because the Heder was uh for the
kai and not for met marami renberg who
they did pay excessive Ransom but once
again that fell within the god hador
Exception by the way it's interesting uh
with inbi I'm sorry not inbi earlier
than inbi you may remember in the early
years of hijacking so there was uh a
flight of Jews that was hijacked and rev
hutner was on the flight not in TBI Jord
in Jordan yeah yeah so obviously we were
worried about all the Jews but uh there
was a special worry about Riva one of
theor so uh there was some attempt at
some point to try to when they were not
willing to release everybody to try to
secure a special release for f
hoodner uh rakov keski said not that's
not proper uh so I always wonder a bit
of a joke when when was released like
you know what what what what what was
his relationship with rakov you know
rakov said don't release but I'm sure
listen I'm sure everything was fine
because if that was the then you know
that was the but that was a similar type
of type of discussion uh now I do want
to point out that rakov said another
point though rakov made the following
point which really ties into Jonathan
par rakov
said all of the
discussion that you can do things for
PES and the
like is not relevant to war he he said
he differenti iated between
kidnappings and acts of War he said okay
in kidnappings you know some guy is
kidnapping to hold for money so if it's
I can pay ransoms those are private
issues that may endanger the public in
the future so we're make him but he said
when you have
a to protect the Jewish people and there
Israel then you're obligated to destroy
the enemy or disable the enemy and there
he made the following point this is Rak
Kam this is years ago the same way right
I mean let's assume that is sent to Gaza
so he says I'm sorry I can't go because
it's you know I mean you're telling me
to endanger my life what what what does
that mean you know right well the answer
is is simple that when it's a
we are to put our lives at risk that's
what mil
means so the same way
a May potentially have to give his life
or any of us in order to
maximize the success of the military
effort there is sometimes the notion of
what you might call an
involuntary meaning somebody is a
prisoner somebody is a
hostage but if by securing their release
we are frustrating the war
effort then in a sense they would be
part of theim that would be most neish
now there's this is a a different
argument meaning rakov is arguing that
even if we would accept to's rule that
for PES we could normally pay Ransom he
said a wartime situation is different
because in wartime we are commanded to
put our lives at risk in order to
advance the military objective and this
would include now let me give you an
example
where let me give you an example where
where this is undoubtedly the
case you know one major issue in all in
all wars is what is euphemistically
called collateral damage Dage and you
know this is getting Israel in trouble
all the time uh now Israel to its great
credit and sometimes even to the
detriment of the military objective goes
to amazing lengths much more than the
United States I mean listen um I didn't
notice in uh Nagasaki and World War II
and Dresden and all of those things uh
any particular great concern for
hundreds of thousands of civilians who
got hurt but Israel has leaflets and SMS
messages and uh individual telephone
calls get them out of here and of course
keep in mind that Hamas didn't issue any
advanced warnings and October 7 saying
you know get out of this concert we're
going to be you know murdering some
people here uh know Kamas tends not to
give us that that courtesy uh and of
course when Israel warns civilians
they're also warning Kamas that were
coming you know so so Israel does it so
it is really really true that the IDF
and this is to the great credit some
people are critical of it because they
say you know uh it's emboldening the
enemy but to the it's great credit
there's a tremendous reverence for for
life not just our lives but the lives of
the other side too golden Mayer made an
Infamous statement and you don't don't
you know attack me uh because I'm not
endorsing the whole statement but I'm
endorsing half of the statement uh she
said the first half I do not endorse but
but but she did say we can forgive the
Arabs for killing our children I don't
accept that but then she said we can't
forgive them for making us kill their
children there is a truth in that there
is a truth in that you know uh Judaism
is not pacifistic we don't believe in
turning the other cheek it is very very
clear somebody's coming to kill you or
your family or your people you kill them
if necessary absolutely you kill them
that's a
Mitzvah Mitzvah but you don't do it with
joy you don't do it with happiness you
don't do it with dancing their blood you
do it with sadness you do it with regret
and you look for every possible way not
to have to do it and that's a very big
difference in Morality uh and that is
just as and we learn it from aadesh by
the splitting of the Red Sea right so
the Egyptians are drowning and the M
want to sing to Hashem and Hashem says
my creatures the Egyptians are drowning
in the sea it is not a time for Joy now
keep in mind that God didn't say oh
these are my creatures how can I how can
I drown them he drowned them because
they had to be
destroyed but Hashem says you know it's
not something to celebrate we don't
celebrate even with porin by the way
they make the point that you know the
Jews killed their enemies on the 13th of
Adar uh and they rested on the
14th and we celebrate the holiday of
purm on the 14th or you know 15 in
shushan it was you know a day later now
it's been pointed out we don't celebrate
the Day of a military
Victory we don't celebrate the day that
we destroyed our enemies we celebrate
the days of Peace the days of Shalom
okay so this is a very big difference so
on one hand uh Israel is to their credit
even though the IDF is not a religious
Institution per se but I think they're
animated they are pretty much animated
by Jewish values I think it's part and
parcel of uh the blood so to speak now
the thing
is collateral damage is though in
unavoidable after you give the warnings
after you give the leaflets after you
make the phone calls and Hamas puts
itself in hospitals and puts itself in
schools and puts itself uh you know in
residential areas uh and that's where
they build the tunnels and they have
human Shields of their own
people if in order to get them those
other people are hurt regrettable sad
tragic but necessary so here is the
thing that I even hate to say but based
on R
yakov's if it becomes
necessary for civilians to die in order
to get
Kamas Not only would it be
permitted for
Palestinian people but even if God
forbid God forbid it should never happen
it would be Jewish people that would be
dying in that course they would be like
this is the concept of the
involuntary must be willing to risk his
life so to
anybody uh if that's necessary for the
war effort so therefore uh the bottom
line is that rakov ketki op
that whatever heter there is for PES in
a private kidnapping so to speak would
not apply in time of War where people
have to assume the risks of their lives
like in order to secure the military
objective so bit we actually have three
different
views about this we have the view that
simply says user because the mishna says
that you have to be concerned with
future dangers meaning even in a private
kidnapping you cannot be even for unless
it's and that is the sheet of the ramban
meaning according to ramban you could
not pay I mean you're not going to ask
the Sha but you cannot pay to get your
daughter Ransom from a kidnapp if it's
excessive that's ramban the Other
Extreme is
tosos
that everything is and then there's a
middle view that that differentiates
between wartime hostage takings and
private kidnappings that even if private
kidnappings P trumps everything when
you're dealing with
wartime everybody has to be willing to
endanger their lives if necessary for
the military success and therefore a
hostage would be treated as a soldier in
time of war in which uh we try to get
them out if it doesn't endanger but if
it would endanger the military effort by
releasing terrorists uh then essentially
they would have to be sacrificed this
was rakov kamion I think referal sheer
of
Yu uh you know a very big takes the same
takes the same position uh I'm not here
to to pin on this as I say I I I could
not look uh a parent in the eye and say
your child has to be has to be
sacrificed uh and I think the bottom
line is that the government's decision
does have some halic backing and uh
indeed Raji YF approved similar things
and re Yos so I'm read that wasn't
during war um was not during Shalit was
not during war you're correct so so
maybe the war might the war might might
change yeah you're correct yeah yeah how
do we
understand yeah so the question is a
very good question uh the question is
that the Angels were told in shamayim
that they should not sing to God uh they
should not rejoice because the Egyptians
are drowning and we don't Rejoice uh
when uh any human life is taken uh but
the question is yeah so the Angels were
told not to sing but the Jewish people
themselves right after that was oir they
sang a song of Triumph I mean isn't it
the same problem hey what are you
rejoicing what are you singing as y here
uh if the enemy if the enemy uh drowned
uh so that that is a very good question
and some want to
differentiate which may have relevance
here between people who actually benefit
in other words the angels are just
celebrating something that didn't happen
to them but when something happens to
you there's
andat permits you to be grateful to God
but on the other hand I I I admit to you
I have a little difficulty with that
answer because if aashir would be
written thanks to God for saving us then
that's certainly a valid distinction but
there's no question a Yash does talk
about death and destruction meaning
aashir is not only phrased in terms of
thank you you took us from life you know
from Death to life it is you know you
they drowned like an Evan you know Etc
so the terce is a little difficult but
as I say the standard answer that's
given is thatat does allow you to
celebrate yeah in the past youve talked
about the kalaha of um sacrificing one
or a few for the benefit of the men how
does that apply here yeah so that's that
certainly uh does apply here and indeed
um this would be the underlying basis in
which if the many are going to be
endangered so perhaps the few have to be
sacrificed in other words that's exactly
I think RAV yakov's point uh in time of
war that just like right
the the number of who will die is a
relatively small but they're dying to
protect a larger entity so the would
fall under the same under the same rule
um but again as I say uh others argue V
versus sufff in fact let me mention a
few variations of this particular
problem
uh let me talk about for a moment this
is totally out of left field but but it
is going to be connected uh the problem
of the uh poison pill I'm not sure if
the Army does this but I know they were
talking about this this is where let's
assume that you're a and you have
information about security Israeli
security the whereabouts of troops Etc
and uh there is a fear that under
torture under
torture uh the torture may be so
unbearable that you you will reveal
information that may endanger other
people so there was talk I honestly
don't know if they do this of giving
people a cyanide pill which you know
that's what Nazis a lot of war criminal
Nazi war criminals Herman Garing you
know took a cyanide pill so he to avoid
whatever to avoid I'm not sure what he
gains I guess maybe it's less painful
than being hung um and the like I always
it's always struck me though that you
know when someone is on death
uh there you know they watch him so
meticulously to be absolutely sure he
doesn't kill himself you
know it's not I mean they really do 247
you know that uh suicide watch or
whatever it is even though he's going to
be killed the next they got to be sure
that we're going to do it he doesn't do
it to himself but okay um so the so
here's the interesting question
Hally is a soldier allowed to Comm to
commit
suicide if he feels that Through Torture
he's going to
endanger the lives of other people now
committing suicide is a very big
AV so I think he's allowed to commit
suicide for the following reason you can
kill a Roda right you can kill a ro you
can kill somebody that's endangering the
lives of others so for example let's
imagine that I see a Jewish guy who
under torture is is about to reveal
information that will endanger other
people's lives I could shoot him so the
if the person feels that he's going to
endanger other
lives he can pan that he's a Roda he's
his own Ro he's his own Ro he's a radde
right and therefore he can kill himself
just as somebody else could could could
kill him and the like uh so I I think
that is a possibility but what's
interesting is
this does not
mean that torture is an independent
basis for suicide in other words that's
that's another question meaning can a
person kill themselves because torture
is so excruciating that is a separate H
question that may be a Heder but this is
a different Nuance this is
not you know I'm killing myself to avoid
the torture I'm killing myself to avoid
endangering the lives of others that's a
different type of there for sure I think
it would be much even if killing to
avoid torture might not be but that's
that's a separate issue some people will
allow that that's actually relevant with
um with uh euthanasia in other words can
a can a person commits suicide if
they're suffering excruciating
unrelenting pain that cannot be treated
it's a separate issue it's a separate
issue I'm not going to go into that into
that issue uh issue today um now another
uh issue that comes up I'm just bringing
up some miscellaneous issues is killing
a
terrorist once the terrorist is in
custody now this is a big question uh
you may remember there was a YouTube
video there was an actual case of
AAL where a terrorist was disabled and
lying down on the ground and theal just
went over to him put a gun to his head
and shot him no no no the facts are in
dispute the aru that the terrorist was
reaching for a gun so the facts or
whatever the facts are I have no idea
but let let's assume in principle just
for hypothetical that the terrorist does
not have access to a weapon the
terrorist is in Israeli
custody uh Etc would you be allowed to
kill a terrorist once the terrorist is
disabled
so I'm not I'm not really holding it out
for a vote but okay so so so the of the
would be that you cannot because theod
of killing a terrorist is not to punish
him for his bad behavior it's to prevent
him that's Roda Roda Roda is not
punishment it's very important to
understand that that's why I had
mentioned that a Roda can be a baby
that's crying and giving away your
whereabouts a Roda can be a good Jew who
is being tortured who's going to reveal
information in other words Roda is not
about being a bad guy fetus a that's cor
a fetus who endangers the mother's life
the rambam says is a Roda so it's very
important to understand Roda is not
about punishing Roda is about preventing
harm and once the harm is no longer
going to be per uh perpetrated by this
individual person there's no law of RI
now this is pasus and yet the funny
thing was again I mean I'm not going to
prove anything from this but uh there
was an interview with a uh somebody from
hatah who uh met with Rim kvki now this
is the guy talking not R kineski talking
and he said he asked R kineski A sha
what if a terrorist is brought for
medical treatment and a a Jew is brought
for medical treatment and the terrorist
is more seriously hurt so under triage
you would go to the terrorist first uh
do you go to the Jew first or the
terrorists first kineski said something
that chak oh of course you go to the
terrorist first so the guy was a little
shocked and R said let me explain you go
to the terrorist first you shoot him in
the
head says and then you take care of the
Jew now I I don't know if this was meant
as a joke and the truth is you know you
can't even you know rely on these
secondhand reports but in theory at
least if I take it seriously R was
basically saying you can kill a
terrorist that's in a hospital now of
course suffice it to say the other side
would certainly do that to us that but
that's a given but that's that's we
don't we don't Define our Behavior Uh by
their behavior when they're brought to
trial that they can give him the death
sentence okay so so let me differentiate
there is no question that it is
legitimate to give terrorists the death
sentence that's not the question meaning
for sure for sure for sure I I'm in
favor of it I'm in favor of a death
sentence for a terrorist but that's
after they're Tried by a court me
meaning if we're talking about
vigilantism so vigilantism is M to
prevent the guy from killing right I
don't have to go to a basin before I
shoot the Roa but on the other hand once
he's in custody you got to have a
judicial process right so that's going
to be the problem so I'll leave it for
for next week a little bit uh but this
is the issue what possible hetcher would
there be to kill a terrorist without a
court proceeding
uh based on the laws of R which
seemingly don't apply yeah I think it's
time
to you