Kidnapping in the Gush
Adapted from Rabbi Braun’s sermon in 5774
Yeshiva students Gil-Ad Shaer,16, Eyal Yifrah, 19, and Naftali Fraenkel, 16 were kidnapped by terrorists late Thursday night from a hitchhiking point in Gush Etzion.
The moment that we heard, our hearts sunk. We feared that they would be killed and we feared for what could happen if they were to remain alive. We felt that our brothers were taken and that our brothers were in mortal danger.
The intensity of that feeling caused me to revisit a piece in the Talmud that is clearly relevant to our situation, but I now find somewhat troubling.
The Mishna in Gittin, 45a, writes that we don’t redeem captives for more than they are worth. The reason that we do not do so is “for the good order of the world” What does that mean?
The Gemara provides two possible interpretations:
1. We do not require a community to come up with an excessive ransom because of the pressure that will put on the community.
2. We do not pay an excessive ransom because that will simply encourage more kidnappings.
I understand the second reason. If you reward the captor, you are simply inviting more and worse kidnappings. In today’s language – if you trade 1,000 terrorists for one soldier the terrorists will understand that it works and they will look to capture even more soldiers.
But the first reason is baffling! We are worried about community pressure! We are talking about a Jewish captive in enemy hands. Isn’t that the community’s responsibility? So let the community endure pressure- this is a Jewish captive! Could you imagine saying that we are expending too many resources searching for these 3 boys! Could you imagine telling their parents that?
How are we then to understand that position in the Gemara?
One approach is to limit the case of the Gemara.
Tosafot suggest that the Gemara is only talking about a case where there is no threat to the captive’s life. But when there is – of course we overpay.
The obvious reaction of many is – isn’t every case of captivity in enemy hands a case where the captive’s life is in danger.
While emotionally compelling that counter argument might not be factually true. The classic case in medieval literature involves the imprisonment of the Maharam of Rutenberg, one of the greatest of Germany’s rishonim who was imprisoned and would not allow the community to pay an excessive ransom. He died in jail but was there quite a while and managed to write one of his sefarim there.
Maybe we are only concerned with the communal burden when it is purely a financial issue. But once it becomes life threatening of course any concern of communal burden falls away!
There is another fascinating possibility.
Maybe we are right. It is not a great answer or a satisfying approach. The tradition agrees to this assessment and therefore has rejected that answer! Communal pressure is not a good enough reason not to redeem a captive!
How can I say that? How can I suggest that we reject an option offered in the Talmud?
I can because that is exactly what the commentators and codifiers do.
The Rambam (laws of gifts to the poor 8/12) only codifies the one reason for not redeeming captives for excessive amounts. He writes we do not do so so that our enemies do not chase after more captives.
The Shulchan Aruch in the laws of charity 252/4 writes the same thing.
Their codification of reason a- is a rejection of reason b. They are not willing to accept that communal pressure can override our responsibility towards Jewish captives.
The impact on potential further kidnappings was then and still is a significant issue, but communal pressure is not!
That speaks to me.
One of the more amazing things that you see in times of tragedy or danger is that the entire Jewish people feel it in their guts. Every Jew who heard about the news had a moment of despair and genuine fear and concern for these boys. Gone were the divisions. It did not matter that they were religious and Zionist. Every Jew regardless of denomination is praying for these kids. Every Jew, regardless of their Zionist viewpoint, is praying for these kids. There are Jewish captives in enemy hands.
No one would dare suggest that we abandon them because of communal pressure. The tradition has rejected that because that is not how a Jew should feel. They are our brothers and we know that our communal responsibility is to do everything we can to bring them home.
What can we do?
Yesterday at 11:30am I participated in an RCA conference call with Racheli Frankel, the mother of Naftali Frankel, one of the boys who were kidnapped.
She asked us to convey three messages to you:
1. Please share her story with as many people as you can. She met with PM Netanyahu yesterday who promised that every effort is being made in the military and intelligence community. Every resource is at their disposal. She feared that at some point pressure would start to mount to limit the resources. She felt that the more people are aware and talking about it, the greater the government’s ability to resist that pressure.
2. She spoke about the tremendous unity that she has seen and the support that she has received from every segment of Israeli society. They are from a religious Zionist world. She said that the chareidim, the right wing have been unbelievable. The chilonim, the secular have been unbelievable. She asked that we appreciate the achdut of the people of Israel.
3. She asked that we perform a mitzvah, do something extra that we are currently not doing in the hope that the merit of these mitzvoth the boys will return home safely. You can choose anything. Learn for a few minutes a day. There are English books and podcasts everywhere. Give tzedaka. Daven and recite tehillim. Go shopping for an infirm neighbor.
