The dilemma of the abducted and precedence

Parshah and its realization - Parshat Naso - and the 'Iron Swords' war, 5784

Rabbi Eliezer Haim Shenvald

Dedicated to the IDF soldiers' success, to safeguard them lest any harm come to them, to the healing of all the wounded and the return of the abducted.

Last Shabbat afternoon there was a knock on the door. One of the family members went to open it. There was no one outside anymore. But a note had been attached to the handle: "Blessed Shabbat. We are excited to say that this morning 4 hostages were rescued from Hamas captivity in a heroic operation from the heart of Gaza: Noa Argamani, Shlomi Ziv, Almog Meir and Andrey Kozlov. Am Israel Chai".

In the afternoon as I was walking towards the Yeshiva, a commercial vehicle pulled over, the driver lowered his window and with a bright and proud face shared the happy news. The same happened later as I was coming back, a resident walking his dog felt the need to inform us about the good news. An entire nation was standing tall. After making Havdalah, we turned on the news. The joy soared to the heavens, the heart expanded at the sight of the IDF, the Shin Bet and the National Counter-Terrorism Unit’s heroism and professionalism. The heroic rescue operation, and the pain over the falling of Chief Inspector Arnon Zamora, HY’D, who stood bravely at the head of the operation.

The situation of our dear ones who were kidnapped has taken our sleep away already since Simchat Torah. The concern for them, for their condition and what they are going through in the houses, in the dark tunnels, does not give us rest. It is a great Mitzvah to return them to their homes, a Halachic and national obligation.

וְאֵין לְךָ מִצְוָה גְּדוֹלָה כְּפִדְיוֹן שְׁבוּיִים

“…there is no greater Mitzvah than the redemption of captives”. (Rambam Mishneh Torah, Gifts to the Poor 8:10)

And the sooner the better.

However, this is complex and creates a dilemma:

אֵין פּוֹדִין אֶת הַשְּׁבוּיִים בְּיֶתֶר עַל דְּמֵיהֶן מִפְּנֵי תִּקּוּן הָעוֹלָם. שֶׁלֹּא יִהְיוּ הָאוֹיְבִים רוֹדְפִין אַחֲרֵיהֶם לִשְׁבּוֹתָם.

“We do not redeem captives for more than their worth*1 for the benefit of the world at large, i.e., so that enemies will not pursue people to hold them captive” *2. (Ibid 12)

The Halachic and national obligation is more inclusive. It encompasses responsibility for the fate of all citizens. The solution to the release of the abducted in the present cannot be at the price of releasing serial killers that will endanger the lives of many citizens in the future (as happened in previous 'deals'). Or that it will lead to Israel’s military defeat in war, in a way that will encourage more enemies to attack in the future, harm the lives of more civilians, and prevent the residents of the Gaza periphery from returning safely home.

The public debate surrounding the release of the hostages is a lacking dilemma. It is neither professional nor realistic enough. It uses Western language and a consideration system that does not correspond to Hamas’ set of cultural assumptions and regard. Hamas did not kidnap our loved ones casually, nor just to be a bargaining chip for the return of prisoners. They planned this meticulously, as part of an overall satanic plan designed to defeat the State of Israel. To create a dilemma. Sometimes, Hamas knows the Israeli nation better than most Israelis know themselves, including the intelligence community. They know our given sensitivity to human life and the commitment to one another’s fate. Each one is a 'full world' and not just another number. Hamas planned to use this advantage as leverage. Kidnap as many civilians and soldiers as possible so that they will serve as a long-term assurance of their survival and their victory. They also foresaw the bitter debate within us around the hostages’ dilemma, from past experiences, and were counting on the fact that our struggle would leverage them on their way to achieving their goals.

Those who are not familiar with Hamas and its diabolical and insidious ideology may fall under the illusion that a 'deal', one way or another, or the cessation of the war will lead to the release of all the abducted. However, those who are familiar understand that there is no chance that they would have such an intention. They will keep enough hostages for as long as possible, under different pretenses, to serve as assurance for their survival and Israel's defeat. This is how it set its demands from the beginning, and did not back off from them, despite all the pressures. Only among us, those who do not understand this conduct, there is hope that they will answer in the affirmative.

The only way to fulfill our obligation and release all the abducted is through military force. Either finding their location by gathering information or with a systematic and thorough scan of the area and rescuing them. This might take time. Or by identifying Hamas leaders’ location and exerting military pressure that will endanger their lives and force them to negotiate to save themselves.

The value attitude towards the life of each and every one of the people of Israel is mentioned in this Parasha, and in the one that preceded it. The commandment to count the Levites, and to enumerate them is:

נָשֹׂ֗א אֶת רֹ֛אשׁ בְּנֵ֥י גֵרְשׁ֖וֹן

"Take a census of the Gershonites" ) Bamidbar 4:22)

And also, in the previous Parasha the commandment to count the people of Israel:

שְׂא֗וּ אֶת רֹאשׁ֙ כׇּל עֲדַ֣ת בְּנֵֽי יִשְׂרָאֵ֔ל

“Take a census of the whole Israelite congregation…” (Bamidbar 1:2)

And in Shmot:

כִּ֣י תִשָּׂ֞א אֶת רֹ֥אשׁ בְּנֵֽי יִשְׂרָאֵל לִפְקֻדֵיהֶם֒

“When you take a census of the Israelite men according to their army enrollment” (Shmot 30:12)

As we have mentioned before, by being counted everyone becomes aware of his personal value. Each one is important.

אָמַר מֹשֶׁה לִפְנֵי הַקָּדוֹשׁ בָּרוּךְ הוּא: רִבּוֹנוֹ שֶׁל עוֹלָם, בַּמֶּה תָּרוּם קֶרֶן יִשְׂרָאֵל? אָמַר לוֹ: בְּ״כִי תִשָּׂא״.

“Moshe said before the Holy One, Blessed be He: Master of the Universe, with what shall the horn of Israel be exalted? G-d said to him: With the passage of “When you raise,” i.e., Israel will be exalted by way of the donations and charity that they will give” (Bava Batra 10b:3)

Because each one of Israel is great and unique:

אנו מוצאים במקומות הרבה שהקב"ה אמר למשה "שאו את ראש בני ישראל", "כי תשא את ראש", ולמה כן?, אלא אמר הקב"ה למשה, משה כל מה שאתה יכול לרומם את האומה הזו רוממה, שכאילו לי אתה רומם וכו

"We find in many places that G-d said to Moshe: “Take a census of the whole Israelite congregation”, “When you take a census…” and why? the Holy One, Blessed be He said to Moshe: Moshe every time you can elevate this nation do so, as by doing so, you are elevating Me”. (Pesikta Rabbati 10:1)

Counting the people may lose the meaning of uniqueness of each individual, seeing him as just another one in the total count. Therefore, the Torah emphasizes that everyone's count is “given precedence”, everyone is important as a 'head' and everyone is an entire world, therefore everything must be done to save him:

שֶׁכָּל הַמְאַבֵּד נֶפֶשׁ אַחַת מִיִּשְׂרָאֵל, מַעֲלֶה עָלָיו הַכָּתוּב כְּאִלּוּ אִבֵּד עוֹלָם מָלֵא. וְכָל הַמְקַיֵּם נֶפֶשׁ אַחַת מִיִּשְׂרָאֵל, מַעֲלֶה עָלָיו הַכָּתוּב כְּאִלּוּ קִיֵּם עוֹלָם מָלֵא.

“To teach you regarding anyone who destroys one soul from the Jewish people, i.e., kills one Jew, the verse ascribes him blame as if he destroyed an entire world. And conversely, anyone who sustains one soul from the Jewish people, the verse ascribes him credit as if he sustained an entire world”. (Mishna Sanhedrin 4:5).

To save those who are in danger in the present, and to prevent danger in the future.

*1 they are evaluated like servants sold at a slave market (Meiri, Gittin 45a).

*2 Gittin, gives two reasons:

a) Were lawless men to know that they could receive exorbitant prices for the redemption of captives, they would be encouraged to kidnap them frequently.

b) this would be very taxing for the community.

The Rambam follows the latter view. Hence, even family members who would be willing to pay the extra expense are forbidden to do so (Radbaz). When quoting this law, the Shulchan Aruch (Yoreh De'ah 252:4) states that if the captive is a Torah scholar, an exception can be made, and he may be redeemed for more than his worth.