The perspective of Jewish sources is an important frame to put on the discussions about both the necessity of redeeming captives and the cost of it on the whole community. Redemption of captives – pidyon shvuyim – is a core value in Judaism that comes up frequently in Jewish law and tradition as a mitzvah - literally, a Jewish commandment. The following texts are just some of those to which the rabbis look to in order to make difficult decisions about how far to go in the redemption of a captive.
These texts may be studied in chevruta (pairs) or small groups, or in full class discussions. Your learners should start by making sure they understand the passages, and then move on to discussing how these passages resonate with them, and whether they agree with them.
Text #1. Maimonides, Mishneh Torah, Hilchot Matanot Aniyim 8:10-11
“The redeeming of captives takes precedence over supporting the poor or clothing them. There is no greater mitzvah than redeeming captives for the problems of the captive include being hungry, thirsty, unclothed, and they are in danger of their lives too. Ignoring the need to redeem captives goes against these Torah laws: “Do not harden your heart or shut your hand against your needy fellow” (Devarim 15:7); “Do not stand idly by while your neighbor’s blood is shed” (Vayikra 19:16). And misses out on the following mitzvot: “You must surely open your hand to him or her” (Devarim 15:8); “...Love your neighbor as yourself” (Vayikra 19:18); “Rescue those who are drawn to death” (Proverbs 24:11) and there is no mitzvah greater than the redeeming of captives.”
Questions to consider:
- Why do you think that Maimonides thinks this is the number one mitzvah and do you agree?
- Do you find his argument compelling? Why or why not?
- How do these apply to the case of Gilad Shalit?
Text #2. Shulchan Aruch, Yoreh De’ah 252:3
“Every moment that one delays in freeing captives, in cases where it is possible to expedite their freedom, is considered to be tantamount to murder.”
Questions to consider:
- Why is delaying redemption of captives tantamount to murder?
- Why might there be great emphasis on expedience?
Text #3. Mishna Gittin 4:6
“One does not ransom captives for more than their value because of Tikkun Olam (literally: “fixing the world”; for the good of the world) and one does not help captives escape because of Tikkun Olam.”
Questions to consider:
- What does it mean to ransom captives for more than their value? How might one assess value?
- Why is that dangerous?
- Does the release of Gilad Shalit exceed the “cost”?
Text #4. Babylonian Talmud. Tractate Gittin 45a
“To spare the community the burden of excessive ransom which could lead to its impoverishment. In order not to give the captors an incentive to take new captives and increase their ransom.”
Questions to consider:
- Why should you not ransom someone if the cost is exorbitant?
- What is the ongoing risk to the community?