Excruciating Decisions

The current war that Israel is fighting against a cruel and ruthless enemy has so many different layers. Arguably, the most difficult and gut-wrenching element is that there are currently about 130 hostages in the hands of terrorists. People of all ages, including Kfir Bibas, who turned one year old in captivity, remain captive. Understandably, there are growing voices in Israel and beyond to pressure the Israeli government into paying any price to get the hostages released. It is understandable that some would advocate this approach as the thought of family and friends incarcerated by Hamas terrorists in underground tunnels is a thought too difficult to bear. I was, therefore, surprised and intrigued to read about a group that has family members currently held as hostages that are advocating that Israel not strike a deal with Hamas that would release Palestinian terrorists in exchange for their freedom. Tzvika Mor is a parent of Eitan Mor, aged 23, who was taken hostage on October 7. Eitan was working as a security guard at the music festival when Hamas terrorists kidnapped him. Tzvika explained while cradling a photo of Eitan why he opposes freeing Palestinian terrorists jailed in Israel in exchange for his son's release. Tzvika said, "It's not just about my suffering as Eitan's father; it's about the nation as a whole. I can't let my personal hurt take priority over collective interests. Letting terrorists go free endangers Jewish lives. And Eitan wouldn't want that." Indeed, Tzvika relates that he had a conversation with Eitan about what approach to take if he was ever taken as a hostage. Tzvika relates that Eitan had said, 'If I am taken hostage, do not do a prisoner swap to let me free. Tzvika says he is sending a message of collective responsibility" so that Israel "doesn't repeat the error of the Shalit deal." Gilad Shalit, an IDF soldier taken hostage in 2006, was released in a prisoner swap in 2011 in exchange for 1,027 Palestinian terrorists and prisoners held by Israel. It was the most lopsided prisoner swap in Israel's history. At least six Israelis were murdered in the four years following the Shalit swap by terrorists released under the deal. Among those released was Hamas's Gaza leader Yahya Sinwar, the mastermind behind the October 7 massacre. It can be argued that all the people killed and taken hostage on October 7 were the consequences of the Shalit deal. Mor argues that releasing over 6,000 Palestinian terrorists currently incarcerated in Israeli prisons would endanger the lives of seven million Jews currently living in Israel. The controversy around what is an appropriate price for Jews in captivity is, unfortunately, not a new issue. The Mishna in Tractate Gittin states אֵין פּוֹדִין אֶת הַשְּׁבוּיִים יוֹתֵר עַל כְּדֵי דְמֵיהֶן, מִפְּנֵי תִקּוּן הָעוֹלָם. This is translated as The captives are not redeemed for more than their actual value, for the betterment of the world. The rationale behind this difficult passage is that overpaying in attempting to get the captives released will encourage future terrorism and extortion. The latter part of the 13th century was full of persecution for the Jews of Germany, and they lived in constant fear for their property and life. One of the most prominent Rabbis of the generation was Rabbi Meir of Rothenburg. Rabbi Meir, who is also known as the Maharam, who until this day is considered one of the premier halachic authorities in the Ashkenazic world. In 1286, Rabbi Meir was imprisoned in the fortress of Ensisheim and held for ransom. The king knew that the Jews would give away their last mark to redeem their beloved Rabbi, and the sum of 20,000 marks was raised for Rabbi Meir's freedom. Rabbi Meir, however, forbade his friends and followers to pay any ransom for him. In his selflessness, he knew that once ransom was paid for him, every noted Rabbi in Germany would be arrested and held for ransom by the greedy and cruel German rulers of those days. Thus Rabbi Meir preferred to remain in prison and even die there in order to save many others from a similar fate. Rabbi Meir eventually died in prison and his body was kept there for many years. It is beyond my capability to weigh in on this most sensitive and controversial issue. I have asked myself to envision my position if it was one of my children that was a captive, and that was too painful to contemplate. What is most important is to continue sharing love, empathy, and prayers with all those families in this unbearable situation. Have a Peaceful Shabbos, Rabbi Yaakov Fisch