13 Oct
Redeeming Captives: Ethical Considerations Concerning the Value of Human Life
The recent news about the prisoner exchange between Hamas and Israel has created some very interesting debates about whether or not, releasing over fourteen mass-murderers might be too high of a price to pay, for the release of Gilad Shalit, the Israeli soldier who has been languishing in a Hamas prison for the last five years. Such questions are hardly modern; as early as the 4th century, the Mishnah dealt specifically with this ethical question about negotiating with kidnappers (which would certainly include today’s terrorists). The Mishnah[1] rules, “Captives must not be ransomed for more than their value for the good of the public welfare.”[2]
Historically, one of the most famous medieval cases involving pidyon shevuyim (“the redemption of captives”) was the famous ransoming of the great 13th German scholar, Rabbi Meir of Rothenburg (also known as the MaHaRam). Looking to raise some money for his kingdom, German Emperor King Rudolf I demanded 23,000 pounds of silver for the rabbi’s freedom. Remarkably, Rabbi Meir instructed the Jewish communities not to acquiesce to the rogue leader’s ransom demands, despite the fact that leading rabbinical leaders like R. Asher ben Yechiel (1250 or 1259 – 1327), managed to raise the funds. He was imprisoned for seven years and died at age 78. A wealthy man named Alexander ben Salomon Wimpfen paid the ransom; his only request: he wanted to be subsequently buried next to the saintly rabbi.
In light of today’s reality of terrorism, the objections against releasing the Hamas terrorists are certainly on the surface, quite compelling and differ considerably from the types of ransoms we have seen in earlier Jewish history.
- Releasing 1000 terrorists will certainly inspire the rogue terrorist state of Hamas to kidnap more Israeli soldiers or other Israeli citizens and they will demand even higher ransoms.
- Every terrorist released is a potential mass murderer and after gaining a heroic status in their society, they will look to continue perpetuating more random acts of violence against Israel.
- Evidence has shown time and time again how formerly captured terrorists continue to rain death upon Israelis whenever possible.
- Negotiating with Hamas serves to enhance their image to the international community, and paradoxically undermines the Palestinian Authority in the West Bank; worst case scenario: Hamas strengthens its ability to eventually seize control of the West Bank, thus endangering millions of Israelis living near the West Bank.
- Some of the terrorists do not have blood on their hands from murder, despite having enabled others to do their dirty work.
The arguments for negotiating with Hamas are also significant.
- Bringing Shalit home raises the moral of Israeli soldiers who know that the government will go to extreme measures to bring them back home.
- Shalit’s return represents an important morale booster for the entire nation.
There can be little doubt that today’s terrorists present a much more thorny and difficult case because the case of the Mishnaic world dealt with people who kidnapped merely for the sake of extorting profit. Today’s murderers act for nationalistic reasons and regardless of the price that Israel pays as a nation, Israeli soldiers will always be risk of being kidnapped in the future.
The Galid Shalit kidnapping raises difficult questions about negotiating with terrorists in the future. This writer feels that sooner or later, the Israeli government may have no other choice but to adhere to the Mishnaic dictum of Gittin 4:6. Shalit was not the only person held captive here—the entire State of Israel was held captive. Perhaps this is the most compelling reason to facilitate his rescue.
No matter what unfolds, Israel will have to remain vigilant in its battle against Hamas and their confederacy of terror. Given the existential threats Iran poses to Israel, it is probably more practical to raise the morale of the nation and get focused on the real struggles that lay ahead for Israel. At the very least, Israel demonstrates to a hostile world that it truly places a great value upon human life. In the end, the rescuing of a human life is like saving an entire world (Mishnah Sanhedrin 4:5).
[1] Gittin 4:6.
[2] The reason for is because non-Jews see that captives are ransomed for more than their value, they will take many captives.
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