Q. Hi Rav Shvat! In terms of Halacha and in an ideal world in which the Israeli government was run by Jewish Law and not limited by foreign intervention, what would be the best decision: freeing hostages or destroying the enemy so as not to repeat what occurred on Oct. 7? Do we aid our enemies and free additional Sinwars and take any deal in order to save the lives of our beloved hostages who are currently being tortured, or do we prevent many more future terrorism and kidnappings?
A. Shalom, It’s great to see that your admirable Ahavat Yisrael and care for both our nation and her individuals, is still as strong as ever! Regarding your question, although the deliberation on such decisions is very painful, the halacha is clear. Although we care about each and every hostage as if it were our own child and “there is no mitzvah as great as redeeming prisoners” (see at length: Rambam, Matnot Ani’im 8, 10), the Torah usually prefers the more mature long-term approach, taking into account the larger picture. The Mishna )Gittin 4, 6) writes explicitly that as a nation we don’t pay for hostages “more than their worth”, i.e. one of ours for one of theirs. The logic is, as you inferred, if the gentiles see that we Jews pay exorbitantly for our hostages, they will kidnap on a regular basis, and add even more terror, knowing that it pays and they will eventually be freed. Just as when Israel goes to war, the mitzvah is to give the individual soldier’s life, if necessary, so that our nation can live and function, so too, the individual hostage and his family must unfortunately sometimes pay the price for the long-term needs and war-strategy of Israel. So is the undisputed halacha and rationale (Shulchan Aruch Y.D. 252, 4). [It should nevertheless be mentioned that R. Shlomo Goren (Torat HaMedina, p. 424), legendary and founding Chief Rabbi of the IDF, ruled that should the IDF decide that for reasons of morale, it’s important that every soldier know that we will do everything to bring him home, there is some flexibility to pay a higher price, but he himself stressed the priority of the future war against terror. Similarly, R. Ya’akov Kamenetzky opposed paying exorbitantly and freeing terrorists in exchange for the hijacked R. Yitzchak Hutner (1970/תש”ל), b/c in a time of war, it’s seen as surrendering.]
On the other hand, we see there that the individual is allowed to redeem himself and his wife at any cost, and the nation allows doing so as well for exceptional (even budding) Torah scholars (Gittin 58a and Shulchan Aruch, ibid, as R. Moshe Feinstein thought to apply regarding R. Hutner). Historically, the gentiles, like the Hamas, revealed this “Achilles’ heel” that we have a soft heart for our brothers, and it was common for pirates to kidnap Jews, and bring them to a totally foreign Jewish community, which would ransom them for almost any price. In practice, notwithstanding the aforementioned leniency, and despite being the greatest rav of his generation (teacher of the Rosh, Mordechai, Tashbetz, Hagahot Maimoniot, et al…), the Maharam of Rottenberg (d. 1293/ה’נג) did not (!) allow the community to ransom him for an exceptionally high price, and even died in jail after 7 years. His altruism and moral/educational message is clear: that even if he personally is allowed to be redeemed, on the national scale, the nation and future Torah scholars, should not have to pay the unbearable price of future kidnappings (Maharshal, Yam shel Shlomo, Gittin 4, 66). The eternal nation of Israel has an infinite future, and must decide accordingly and altruistically for the long-term. [Obviously we don’t know all of the information, and if we can achieve both freeing the hostages and eliminating Hamas without freeing many terrorists, that definitely would be the best!].
The main directive is that today, BH we are no longer just individuals. Acting as the State of Israel, we must, as David HaMelech, sometimes overcome our soft-heart and, as on the battle-field, place the eternal and long-term national needs as supreme even over our own individual or even family’s needs (see Rambam, M’lachim 7, 15, that in war, we must supremely think only of the G-d of Israel and His nation). To deter enemies and how much more so, not free convicted terrorists to prevent any future Oct. 7th. To paraphrase Rav Kook (Orot, p. 54), “עם הנצח לא מפחד מדרך ארוכה! “The eternal nation is not scared of a long journey”, but we can’t rely on miracles. Shabbat Shalom and Besorot Tovot! Rav Ari Shvat (Chwat)