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The Hostage Deal: Halachic Analysis By Rabbi Yitzchak Breitowitz
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today's Shear is dedicated by Gail and
Marty
El as an
alal Sig Epstein on the occasion of his
55th yite the 21st of tavat uh may all
of the learning today be be
Nish um obviously uh yesterday was an
important Day in the United States
perhaps for Israel as well uh the
inauguration of President Trump uh but I
want to digress a little today from our
regular topic although I'm not sure what
our regular topic is yet uh we're kind
of in transition and I want to speak a
little bit about the hostage deal uh the
idea of releasing terrorists in exchange
for theim at a ratio of you know like 1
to a thousand you know what whatever
it's going to be and I I do want to
discuss it Hally in terms of what are
these sources now again obviously Nano
probably does consult with rabbis if for
no reason than his need to have a
coalition but obviously he does not
consider any binding uh but in terms of
Haka it's interesting to understand what
would halaka say about these types of
deals which by the way this is obviously
not the first time Israel has done this
uh in fact October 7 was generated by
sinir being released at gilad Shalit and
the like and although it's an amazing
thing Israel's official policy is we
don't negotiate with terrorists uh
unofficially they negotiate with
terrorists all the time uh and not only
to get back people who are alive but
even to get back bodies bodies of dead
people uh and we'll talk about that FR
as well uh but the question is what does
the say so just a few things to keep in
mind first of all first and foremost
there's obviously a very great Mitzvah
called P the ransoming of captives uh
is considered to be what is called a
Mitzvah Raba a great Mitzvah it is so
significant that we even sell a sh or
sell a safer Torah in order to get the
ability to Ransom shim and as the rambam
explains based on the gamar in Basra uh
people in captivity can suffer from a
million different things obviously their
lives are in danger uh a woman could be
raped men could be sexually abused there
could be mutilation there could be
starvation there could be beatings
unfortunately all of these things have
happened in the past and even now they
they have happened so obviously there's
a tremendous tremendous Mitzvah to do
what we can to rescue people who are in
that very tragic and unfortunate
situation the agmas neish that they've
gone through and the agmas neish of
their families uh is something that
tears at the heart of any sensitive
caring person uh particular L really
that's how Jews feel Jews especially
feel this raim and especially in erel
which is a small country and everybody
knows somebody who knows somebody
meaning you're not that many degrees
removed from a family that actually
suffered losses or has uh relatives who
are in captivity so we start off with
the obvious proposition that obviously
there's a great great great Mitzvah to
try to bring these people home and unite
them with their family I think there's
no mlus about that problem is at what
cost so let's start off with a mishna in
m in the fourth peric that many consider
to be the key to the halak understanding
of the sugya and that is the MIT the
mishna enumerates a number of Rabin
enactments because of tiken tiken was
not invented by the reform movement
although they love to use the phrase
ticken Olam ticken olum does appear in
the mishna and in the gumar and it
refers to rinic enactments for the
betterment and protection of society so
it'll often say we do X Y and Z because
this is a tikon this is something that's
of positive benefit to society and the
benefit could be different in every case
meaning ticken olum is not a single idea
it's a general concept and what it means
has to be fleshed out in each individual
case so among the
T that the mishna mentions is the
following we do not redeem
captives for more than their
value so the first question we have just
reading the sentence what do you mean
more than their value the value of a
human being is infinite trillions of
dollars quadrillions of dollars what do
you mean more than their value well this
has a very very narrow technical meaning
and that is in a slave
market human beings had a value
depending on your age your skill your
strength your life expectancy your
health and therefore everybody has a
hypothetical value that's not my value
of my Nish that's not my spiritual value
but it's my economic value so
consequently when we redeem captives
when communities have an obligation to
redeem captives we don't pay
ransoms in
excess of their economic value as a
slave so if a person's economic value
based on the slave Blue Book just like
cars of a blue book I guess in the slave
Blue Book the person would go on the
market for
$50,000 so we pay up to $50,000 but they
ask ask for a million dollars we don't
do it and the reason that's given is
this limitation is a
t now it doesn't explain what that is so
the gamorra offers two
possibilities regarding what the Tik is
possibility number one
isura in order to protect the public
treasury a communal budget has to do a
lot of things they have to build roads
they have to build schools they have to
have hospitals uh they have to have
yesos and but medes uh they have to have
medical uh care and the like if every
kidnapper could demand unlimited claims
for
PES this would
bankrupt communities and they would not
be able to perform their functions so
because of
the put a limit on what we pay for
ransoming hostages now according to that
interpretation stopping right there it
turns out that this is only a limitation
on public ransoms meaning let's say God
forbid somebody had their child
kidnapped and they happened to be
wealthy this happened all the time and
this is not a Kamas type of kidnapping
this is a plain money kidnapping where
somebody says you know give you know you
have to give $10 million or a million
dollars by Monday morning or your child
is going to be killed now normally if
the father has the money generally
speaking or not the parents have the
money they they'll they'll they'll come
up with it would prohibit it so if the
concern
is private people who want to come up
with the money can do whatever they want
it's their money to spend and if they
want to use their money to save a child
or Ransom a hostage they would have that
right that's shot number one
butat number two in the ticken is very
different number two is the did not want
to
incentivize hostage taking and the fear
would be that if we would give in to
unlimited demands that would encourage
further such activity in the future and
as a result we will not pay excessive
ransoms uh now lest it will encourage
future hostage takings uh against the uh
public at a later time Hally we actually
pin like that second reason and that
actually means even though a parent
wouldn't listen and I'm not saying a
parent will comply with this that it
actually means that even a private
citizen is not supposed to pay excessive
ransoms again as I say most parents I
probably would include myself as well
might not even keep that Hal because
it's your child but but as a matter of
technical Hal you don't give into these
demands because you are encouraging
hostage taking and kidnapping in the
future now the truth of the matter
is if you took that to its extreme we
shouldn't even pay up to their sleave
value meaning why should I pay him
$50,000 but apparently theim didn't want
to go cold turkey and simply
abandon uh the kidnapped victim so they
said there'll be a limit but hopefully
it won't be profitable enough to keep on
keep on doing it now we have one famous
example in history where this halaka was
actually applied and this was to the
great great uh Rabbi Rabbi mayor of
renberg renberg is a was a city in
Germany in Hebrew we pronounce it
Rutenberg that's the name the name that
is is from that and he is called maharam
mirenberg uh Moreno mayor merenberg
he is known primarily it's a funny thing
he is known as the rebi of the rush
rabeno Asher who is one of the greatest
of the rim but the truth is marami
Rittenberg was not just the Reby of the
rush marami Rittenberg was the god hador
Mish uh in Germany in the
1200s and he was in those days there was
no country Germany per se there were
essentially a bunch of city states
Bavaria Bohemia
Saxony and the like and my Ramy
Rittenberg was simply taken hostage by a
Duke and just held for money you know
basically the hey you want your rabby
back or pay us whatever it is a million
ducats whatever the currency was and uh
rabenu Usher his own talet wanted to
raise the money to Ransom him because
rasher took the hak position that the
limitation of the mishna does not apply
to a great and exceptional tal might
call it the Great
exception in which we get him back no
matter what but it's interesting rev May
of Rittenberg did not agree with the
great exception so he told the rush Hey
listen you want to Ransom me against my
will because you consider me a
great so if you consider me a great how
can you disagree with my that I can't be
ransomed so as a result my Ramy renberg
remains in this impr
for seven years now then he died then he
died he was not killed he was not killed
he he he died he died of of old age or
maybe maybe the conditions there created
illness now it
wasn't as bad as you might think he
wasn't thrown into a a hole I was more
or less under Castle arrest he couldn't
leave this castle and he was allowed to
have talum who came so he actually gave
shim and he was able to write some of
hisim are from his
imprisonment but I don't know was there
a minion did he hear Scher know we don't
really know all the conditions but for
seven years he could not leave uh this
castle and he insisted that the
community not Ransom him because the
ransom was excessive and he applied
the and he insisted when he
died uh the uh Duke refused to release
the body for burial unless a huge Ransom
was paid at this point rasher maintained
his rebi died he was no longer bound by
the Reb's decision and uh he also
combined it with the idea that maybe a
private person could do it and he got a
very rich gav to pay the ransom on the
condition that when the gavier dies he
will be buried next to marami Rutenberg
kave uh the body was released the body
was buried there's still Bak in in
renberg
worms in worms and the next to him is
the uh is the guy who pay at least was
uh things have got moved who who who
ransomed him this is my R so this is a
famous case where the halaka was
actually applied Hala laa by the way
just as a little aside of the Kos of
Tish which are mainly about the B mikash
but towards the very end there is a Kina
written by marami Rutenberg over the
witnessing of the burning of 24 wagon
loads of the gamorra in
France uh and this virtually destroyed
almost all of the Talma remember this is
before printing so these are 24 wagon
loads of handwritten manuscripts this
basically in fact that basically
destroyed Torah in France you know
France was no longer a makum Torah
France had been a tremendous m Torah
Rashi the balos were between Germany and
France Raam they all were French uh the
event that kind of made it impossible to
essentially learn Torah in France
anymore was
theal and because of some you know P
papal decrees and marami Rittenberg uh
he was probably not an eyewitness to it
but he wrote a lamentation about uh the
Torah being destroyed and and Howes and
clel are crying and bereft and of course
he included in it as well the deaths of
the living the who died in Crusades and
and various other things so it actually
is towards the end of the kinos on Tish
so we move a little away from the basa
mikash and we focus on other tragedies
uh that happens okay so now it turns out
like this some pokim have taken the
position
that based on the principle in G of
ticken olum that we don't Ransom
hostages for more than their basic
economic value it is actually prohibited
to pay either monetary Ransom
and releasing of terrorists because you
have to understand there releasing of
terrorists has two problems although
they're related one is you're
incentivizing future hostage takings
because people like or other people can
just say hey if every time we kidnap a
gilad Shalit we can get a thousand of
our people back let's start kidnapping
there's a second problem which is not
the same problem and that is you're
releasing back into the
population people who have
murdered and are likely to murder again
so that's a separate issue that's
there's the incentivization of
kidnappings and there is the danger of
releasing roim back into the population
I mean I understand I didn't check the
list uh but I understand that for
example U you know RAM henin and his
Ritson were brutally murdered a few
years ago you know uh and I understand
that the guy that was convicted of their
murder is z
releaseload might say you know two or
three years ago and they're they're
getting out without suffering any type
of significant punishment in a way it
makes you almost uh support uh Ben
gavier that you know kill them right
away so they're not around to be
released uh for deals and
the I I think it's very legitimate uh a
terrorist is a murderer and a murderer
can be can be can be executed but okay
but be it as it may I'm not sure if
Israel's kesin is
keep them so we have leverage for deals
I I'm not sure what I'm not sure what's
going through uh people's mind but be it
as it may this is Shea number one Shea
number one basically says you cannot
make a deal that will pose dangers to
the public even if it's a matter of
saving existing hostages and this is the
ticken this is the Tak of that we're
not yes deam uh for that particular
reason and this is even worse than
paying monetary Ransom when you pay
monetary Ransom maybe you're creating
incentives for kidnapping here you're
actually putting the murderers back into
the into the population and even if
Israel says or whatever well we have our
army we have our police we have our sh
Shin you know we uh we will prevent it
from happening well it's true it is true
that we don't always realize this that
for every successful terrorist attack
there are around 20 that were thwarted
so L mea things could be a lot lot lot
lot lot worse than we might
imagine but still uh people get through
things get through and people who
murdered are likely to murder again they
didn't do chuva uh they didn't become
from peaceloving people uh in their
experiment by the way you may recall a
famous story that Jonathan Rosenblum uh
often
recounts uh about um some terrorist who
had been in Israeli prison a very very
long time and um his guard said you know
why do you why do you still believe in
your cause you know you see our army is
so much bigger than yours so much
stronger than yours uh your small change
he says uh So eventually the guy got out
and the guy was asked in an interview he
says how did you maintain faith in I
think Al jazer how did you maintain
faith in your cause in those 25 years of
imprisonment he said I mean listen to
this this is
horrendous the mon St the moner story
yeah he said you know you're right I
there were many times I gave up but then
I saw my guard eating bread during
pesak and I said to him he says what are
you eating bread it's your holiday not
allowed to eat bread and the guard said
ah who cares about things that happened
you know 5,000 or 4,000 years ago I
don't care about that stuff so the
terrorist said then I know we would win
because we care about what happened
thousands of years ago and they don't
sad tragic but it it then there's
something to learn may
may says which means we can sometimes
learn things from the enemy uh the enemy
employs its passions for evil and
destruction but they have a passion we
have to take the passion for that which
is good and that which is true but we
need to take the passion we need to have
the care we need to care enough about
this so this is position number one now
yes
opion have to do yes releasing yes so
please I'm in the middle of a share so I
mean this this is what I this is what
this is what I'm talking about right I
know
okay he who is patient will be
rewarded I mean I said there are three I
started the classes there are three
opinions I just finished opinion number
one right that means there's a two and
there's a three okay so the two and the
three are going to address what you're
raising okay okay opinion number two
and uh the truth of the matter is this
has been followed by many many GM most
notably Raji ysf going back much earlier
with
galit and Raj says that re Yos greet
greet him although I did not find re Yos
say one thing or the other but Raja says
that um reel Yos agreed and the present
RAF Rashi this rafar
Rashi who Raj's son takes the very same
position and that is they base this on a
tosos in
gon that changes the sugya
lagam toos and gon in one answer
suggests that the whole
limitation of not paying excessive
ransoms only applies where the host's
life is not in danger in a nonp
situation an example would be marami
Rittenberg marami Rittenberg apparently
you know they they were not threatening
to kill him I mean they held him till he
died uh meaning as strange as it was it
was not a life-threatening situation so
then and only then do we say you know
you got to let him sit in order not to
hurt the public in the long run but says
tosos this is tosos says toos when
someone's life is in
danger when when someone could be killed
any moment in
time
a
om there is nothing other than the three
big a murder uh and sexual immorality
but everything else we do to save lives
so now now this changes the picture
totally because it turns out according
to that situations like Kamas have
nothing to do with
the they're talking about kidnappers
that are just holding people for money
and they're not even threatening to kill
just gonna hold a person indefinitely
soav the mishna says we don't pay
excessive ransoms but somebody whose
life is on the line and many have
already have already been killed and any
second God forbid people can be killed
so in such a
situation overrides everything I do want
to point out right off the bat that this
is Aon
OS in one answer does say PES overrides
the
ti the ran says no the ramban says even
if they're gonna
die you don't do it and that so the
ramban is position number one to us is
position number two it seems that in a
way I don't I don't want to call it
automatically D versus split I don't
want to put it that way although it
seems to be almost that way that is
much of
theim take a much harder line position
consistent with sha number one that we
don't give in because you're
endangering future people many I
mentioned
who and reel in these are earlier cases
they did
say is Paramount now one might argue
well wait a second you're telling me we
should get the hostages home because of
their what about the danger to life that
we're causing by the release so here ra
invoked a principle and you know you
could debate this principle that says
a the doubt cannot
override the present certainty meaning
right now right now this minute we have
100 whatever number we have we hope it's
that many who are whose lives are in a
clear and present danger we have a way
of saving them you're telling me well
but if I save them by releasing
terrorists or paying excessive
ransoms I am
possibly
endangering that's a suff meaning to say
maybe yeah maybe not maybe the security
will be improved the Army the the
borders Etc uh maybe Trump gave Nan R to
kind of continue destroying Kamas after
the hostages are released
meaning of course he was he wasn't
talking about this he's not alive but
his basic idea was you got to deal with
the
present certainty of
PES and you ignore the long-term risks
of
PES and even though the Mish seems to
say that we don't pay the excessive
ransoms we don't give in but ravaja
fkins like the toos in G that that's
only talking about a very rare situation
actually where a life is not being
threatened now again that's very very
rare I mean even even in kidnappings for
money they usually give a deadline they
say money or will kill you know so the
truth of the matter isaja is almost
marginalizing
the whole rule of not giving in uh
because uh he limits it to a situation
where no life is being endangered and in
the vast majority certainly in political
hostage Taking Lives are very much in
danger and even in you know just plain
uh private kidnapping often a life is
going to be threatened because they'll
give deadlines the kidnapper doesn't
want to slep around slip around somebody
for 10 you know 20 years whatever it
would be so they're usually going to
kill all right so according to Raj there
is no problem I mean there's a obviously
there's an emotional problem and
obviously it's very very painful but
Hally these types of deals would be
permitted now let me mention aeta number
three in this whole area and sheeta
number three leads to the same
conclusion as sheeta number one don't
give in but they do it through a
different Paradigm and this was
something that rakov ketki had said many
many years ago and more recently referal
Shar at at Yu took the same position and
that is this should not be viewed
hostage taking should not be viewed as
kidnapping rather this is an act of War
we're dealing with
mil and remember there are two types of
wars in Hal there is what is called
mil Mitzvah there is what is called a
Mitzvah War a mandatory war and there is
what is called optional Wars now a
mandatory War a Mitzvah War the rambam
says there are three types of Mitzvah
Wars one is the war against
amalik which does not exist as a
separate nation today the other is a war
against the seven indigenous Nations who
inhabited Canan and that too does not
apply so two of the three categories are
simply not applicable today but there is
a category three of Mitzvah that very
sadly is still very relevant today and
that
is
Isel
Madar to save the Jewish
people from an
enemy that is seeking their
destruction a war of defense against an
enemy
who is trying to destroy us that is
a
even now just as an aside you may wonder
what is a what is an optional War so
this will sound very very strange an
optional war is actually a war of
expansion we simply want to acquire an
oil field in Saudi Arabia now you might
be a little
shocked what do you mean Jewish law
permits an aggressive non-defensive war
of
expansion that sounds pretty bad so the
truth of the matter is the conditions
for that are so limited they require a m
they require a decision of the Sanhedrin
which we don't have and they require
prophetic confirmation in other words
God has to give you permission through
the orm V the coen's breastplate so de
facto therefore there is no no
legitimacy
B for a war an aggressive war of
expansion can't do it the only
legitimacy of any war is the Paradigm of
mitvah and of the categories of mitvah
all we have is that third category to
defend ourselves against enemies now
that may include preemptive strikes
meaning that doesn't mean we have to
wait we can go into Lebanon things like
that but all of it has to be in the
nature of Defending against an enemy and
every single war that Israel has fought
including 1948 was a defensive War
remember unlike the American Revolution
let's say that in which the war
established the state of Israel that's
absolutely not the case the state of
Israel had been established before the
war it was the establishment of the
state that caused a war of independence
which was defending ourselves from
armies that tried to destroy us the very
first minute of the existence of the
state
so now I'll talk about and the draft a
little later I'll get to that although
it's not my topic but I just want I just
want to mention what rakov kesi said
what said they said when there's
a and hostage taking is one of the
weapons that the enemies are using in
waging that war
he says in a war the goal of the Tyra is
to destroy the enemy I don't mean
necessarily kill the enemy unless it's
am like you don't have to kill them but
to defeat the enemy to be sure that they
can't continue to do what they're doing
so as a result there's no room for
giving in to terrorism and the like
because you're emboldening an enemy
meaning the mishna is dealing with
private kidnapping so to speak when
you're dealing with war you are to
destroy the enemy and anything that
builds up the enemy is against the
Mitzvah of Waging War the MIT of Waging
War says there's a Mitzvah to wage war
consequently you can't compromise you
can't give in so the point I'm making is
this leads to the same conclusion as the
first view but in a different way not
applying the tikam
of but looking at the idea
of and the to defeat an enemy you may
recall those of you who are older uh
this was before inbi now inbi was
interesting inbi was a
pretend a hostage deal but it turned out
to be a rescue a military rescue effort
in other words Israel was lulling the
terrorists into security by proposing
terrorist uh or prisoner prisoner swaps
as they were called laa that didn't
happen what happened instead was the
amazing miraculous uh military Ray that
basically rescued rescued all of
theim except an elderly woman had died
earlier not not not as part of that
effort and of course uh Nano's brother
Yoni Nano yonathan who was leading that
was the was the casualty uh but in terms
of the ability to pull off this this
military effort it truly was it really
was a miracle I mean in quite a literal
sense uh what had to be done was Lila
Lila Mina so and TBI itself did not
involve prisoner releases although it
was on the table but before that you
might recall uh there was a hijacking
and uh rev hutner uh the rash of K
Berlin was actually on the uh on the
plane and there were people who wanted
to I mean every Jewish life matters but
there were people who especially wanted
to raise money to somehow get him off
together I don't know if he would have
accepted it or not
uh but rakov kineski who was a very clo
very close friend of rutner was against
it he said you cannot give in to these
demands this is an enemy that wants to
destroy you and when you encourage them
uh they'll just do it again and again
and again and again and rakov maintains
and this is very hard to say and it's
very hard to hear that even if it means
that the captives are going to die this
is how we compared it to it is similar
to the sacrifices
of when we wage war against an enemy we
sendim to fight against the enemy we are
sending people tragically who might be
going to their deaths but this is the
cost that the Torah puts on waging a war
against the enemy so the hostages in a
sense are like involuntary
meaning again I I I hate the sound
callous and I'm not I am really not
callous I'm just describing from a very
maybe coldblooded objective way that in
a sense this is part of the cost rakov
said of
War die prisoners of War die or you know
captives die because giving in will
embolden the enemy and create greater
dangers but the point is that both rakov
and R who was commenting about the
temporary situation are disassociating
it from the general problem of pigon
because they say when there
is Mitzvah there is a different dynamic
in place and that is Mitzvah I mean the
very words a Mitzvah to wage war means
Mitzvah to defeat the enemy and not
Empower it at the same time at the same
time however once you make it a military
issue it actually gets a little more
complicated because you have to look at
long-term objectives meaning I I know
nothing about this but some people have
said some people are saying that when
Trump who really I mean although this
this was I mean when Biden says this is
what he said you know six months ago
that's actually true Biden was always
calling for these these releases but
obviously it was Trump putting pressure
that this got to be done before uh the
inauguration so there are people who say
and again I'm I'm an ignoramus here I'm
not claiming any knowledge whatsoever
that uh Trump's pressure certain maybe
assurances were given to Nano such as
you can resume the battle right away or
you can go after Iran and we're not
going to stop you if you want to bomb
their nuclear facilities so here is the
point meaning the
following if we were simply saying we
are releasing in the terrorists to get
back the
hostages rakov would suggest that's a
wrong calculus because you can't
endanger the war effort but if there's
something beneath the
surface which I don't know that it's not
just releasing the hostages but this
might be a way in which a
longterm might be achieved then it would
in fact be justifiable you see because
then the general public becomes theim
who may face certain risks because in
the long term there'll be a bigger
Victory so it's very very subtle you
have to differentiate between a purely
humanitarian calculus meaning we have to
get these people out which is obviously
understandable but may be illegitimate
in time of War versus a military
strategy calculus which may in fact mean
that this may help the long-term effort
I don't know all I'm saying is these are
possibilities that people are floating
around and nobody knows what's true and
what's not true uh you know the truth of
the matter is one of the lessons here is
when when Trump got
elected so the Euphoria among so many
segments of of the Jewish people was so
so great I mean it was almost Messianic
you know mashiah mashia and then you
know he walks back a little bit and he
puts pressure for these types of deals
and people think well is Trump really a
friend or what's going on here I mean
Trump is still mad that too gave Biden
congratulations you know four years ago
you know it's still still bothering him
and the like so the ultimate lesson here
is a very simple
lesson cursed is the man who puts his
trust I'm sorry I'm sorry sorry I'm
sorry right so cursed is the person who
puts his trust in man
says do not trust in princes uh so
really Hashem is kind of telling us yeah
Trump is a is a good shal you know he
could be a good he could be a good shal
but you know things can turn on a dime
and our main point is as the United
States currency says in God we trust
it's too bad Israel's currency doesn't
say that um but at least the US coins
say In God We Trust yeah yeah um so
there's a related problem of sending in
to resue hostages or to rescue bodies
which has been done so isn't
this
money yeah yeah yeah yes so let me let
me address what what two peripheral
problems one
is let's assume you go with Raj's
position not one and three position two
and you do permit you actually do permit
releasing the terrorists in order to get
back theim let's say you do permit it
would that
apply to dead bodies remember Israel has
released prisoners in the past not only
to get live soldiers back or live
prisoners back live hostages they've
done so to get dead bodies that they
could give a Jewish burial to now a
Jewish burial is a very very important
thing to be sure but it's not
P so here's the question if you maintain
of course that you can't release
terrorists even for people who are alive
ker you couldn't do it for dead bodies
but I'm going like the second position
if you go with Raj's position that you
would
allow doing this for live hostages is
there any conceivable header to do this
for dead people it's not yes of course
it's a great Mitzvah but on the other
hand you're endangering the public in
order to get back a dead body so here
the the heter is even more it's even Le
less clear but some have developed the
following arguments the following they
have actually said even getting back
dead
bodies is a matter of PES in the sense
of combat
morale one of the things that gives a
soldier and
strength is the sense that the Army has
their back they will not be abandoned
they will not be abandoned if they're
alive and they will not be abandoned if
they're dead if they know ahead of time
that if they're taken or they're killed
no one's going to care about them so
some have argued that that may affect
their Devotion to their cause which
could ultimately result in P it's a very
attenuated p and in fact logically it
seems to me the P of releasing the
terrorists is much greater risk than the
soldier losing his faith because they're
not going to reclaim him when he when he
if he dies but nevertheless some have
tried to make the
PES argument even there now your
question uh which goes to the inbi rate
now that's a different question question
yeah the question was that uh when you
let's talk about a rescue mission
instead of talking about terrorist
release we're talking about let's send
our Lim to go through and and rescue and
what you're doing is like and tby was an
example a miraculous example and another
examples where hostages are freed by the
Army going in in a very very high-risk
Dangerous Mission which may have many
casualties more than whom you're
rescuing right you're rescuing uh five
people and you might lose 20 people
right does halaka allow that does halaka
allow dangerous high-risk rescue
missions even if they're for the purpose
of
p uh that is a good question uh so I'll
tell you this uh both RAB elzar
venberg and um rasher Vice develop an
idea that I don't know if it has a solid
m in kazal and they've talked of the
idea of T and that
is in any
society there are t dim which by their
very nature involve endangerment of Life
policemen
fireman Soldier driving
car and the argument goes that once
you've assumed that
t the does allow you or maybe even
compel you to risk your life for that
mission meaning to say theim that the
tah puts
on a soldier on a policeman on a
fireman are different than the that are
placed on a regular person now as they
say you know in secular law there's
certainly such a concept that's your job
in Hala it's not really clear to me that
a policeman somehow has more of a more
of a hedra to risk his life than anyone
else but yet on the other hand that is
the job so both rash rice and Ral do say
that they are permitted and
even to assume high-risk operations
because that is the task that is the T
that they have and a society is
permitted to create taim that are called
high-risk t uh so that would be the the
idea there
yeah yeah as far as the
burial of Deb
people to endanger others it's not just
the soldier himself it's the whole
community and we see how important it
was here yesterday a soldier was Reed
after 10 and a half years of being
H and was
the cly represent of
L that feel that this is what binds us
as a
community so the moral ethical National
implications of this take on a wider Ro
specif or a specific person yeah that's
a that's that is that is a very
excellent point um it is a subtle point
and it's not entirely clear how halaka
integrates that point and that
is there are certain
attitudes that a society needs to be
able to function in a productive and
growing way and that requires a sense of
cohesion and a sense of mutual caring
and when a society behaves with
abandonment and the like that can have
all sorts of Ripple effects and fissures
and cracks that in the long run can
severely undermine a sense of national
Consciousness uh that's a very very true
yeah and ultimately it it could
translate into p in a long run uh as I
say
yeah yeah yeah he says it's because
society that didn't
fun yeah but what but again the the the
specific question is all of that is very
very true the question is whether that
just ifies you know releasing terrorists
who who may you know that's going to be
the the very difficult question you're
exposing people to I was talking
specifically about the barer no I
understand that but but I but I was I
was referring to the context of we're
going to release you know a thousand
terrorists so we can get back dead
bodies so we can bury I I understand the
burial is important I understand that uh
the question becomes would that justify
at what cost yeah uh yeah I'm sorry uh
yeah
left instruction sometime before he was
killed that if the Israeli
soldiers get to prisoners as hostages
they should be killed like in the case
of pers po gold so how did these sheets
apply to such a
situ well well uh that's that's the
interesting question the in other words
the person himself said that he didn't
didn't want to be
released sinir said oh sinir I said yeah
what did you say Cen gave instructions
sometime before he was
captured
um that that if the so Israeli soldiers
are are
surrounding get to the get to where the
hostages are located then kill them
right Hamas must kill
them theost kill the hostages yeah yeah
yeah yeah yeah
well again uh like like like uh like the
opinions that say that the of the
hostages is the most important thing
that was Raj's opinion we would
actually call off that mission uh and
try to get them freed like the other
opinions that we don't compromise the
war effort we got to go on we as hard as
this is I mean how do you tell a mother
um about this you know how do you tell a
mother you know your child is going to
die because we're not going to
compromise with terrorists it's a very
very difficult thing on the other hand I
believe that one of the uh parents
actually made the argument that I will
scream and cry for my child to be
released and I pray that you don't
listen to
me an amazing an amazing
double set meaning yeah I want my child
back no matter what I want you to kill
but you got to war you got to war going
on and I can't always let my private
desire override that uh very very
difficult again again I I know I'm maybe
sounding academic objective I'm just
trying to go over sheas here uh I do
understand how painful it is and this is
why we have such a mixture of of
happiness and maybe being upset uh the
happiness of every K being released is
everyone has to be very very very
much on the other hand uh you know there
are dangers and the question is is was
that the right decision so will uh maybe
continue a little bit next week and then
go on to another topic be well take
care e