By Daniel Keren
Rabbi Dovid Ribiat, author of the monumental multi-volume “The 39 Melachos” and other books on halacha (Jewish law) was one of the featured speakers at the recent Flatbush July 4th Hakhel Yarchei Kallah Event at the Agudath Israel of Madison. The topic of his lecture was “Summer Time in New York – War Time in Eretz Yisroel.”
Rabbi Ribiat began by quoting a Gemora that teaches than when evil people assemble, it is bad for them and it is also bad for the world. When righteous people come together, it is good for them and it is also good for the world. He quoted Rav [Aharon Yehuda Leib] Shteinman, 1914-2017 who said to an American audience that in order to know what is a kinos reshayim (an assembly of wicked people,) one need not go far. You can simply drive from Brooklyn into Manhattan and drive up the FDR Drive towards the headquarters of the United Nations and there you will discover in that place a large assembly of truly wicked people.
How do we know, Rabbi Ribiat asked the Hakhel audience, who are the tzadikim who are comprising an assembly of righteous people? It is whenever you find a group of people coming together to perform a mitzvah, making a direct reference to those individuals who opted to utilize their July 4th legal holiday to come to the Hakhel Yarchei Kallah Event in Flatbush.
The Torah’s View on Ransoming Jewish Prisoners and Hostages
Rabbi Ribiat noted that the dinim (the Torah laws) regarding ransoming or rescuing hostages is a difficult and sensitive topic to discuss. We should know how to think about these tragic circumstances. How do we as Jews, especially as frum Jews behave in a world that is so hostile to us. What does the Torah have to say about ransoming and rescuing Jews? Indeed, Rabbi Ribiat said that the Torah does has a lot to say on this subject.
The Rambam poskins (decided) that ransoming or redeeming imprisoned Jews has a high priority. No other mitzvah is greater. Such a prisoner [as we know today regards to the Jewish hostages in Gaza] is starving, thirsty, without proper clothing and is in great sakanah (physical danger.) The Rambam declares that the highest level of mitzvahs is pidyon shavuyim (redeeming captive Jews).
Chazal, our Sages of blessed memory, however, has imposed specific limitations on the performance of this important mitzvah. How much of one’s personal assets is one obligated to give away to help save the lives of other Jews? Rabbi Ribiat noted that there is a Mishna in Mesechta Gittin that we don’t redeem prisoners being sold in the market place in the slave market for more than the market value.
One Cannot Pay Excessive Ransoms
The reason is to prevent a major crisis if it becomes known to the non-Jewish world or reshayim (evil people) that Jews are willing to pay more than the market value of the imprisoned Jew, this will cause the impoverishment of the Jewish community. The Rambam and the Shulchan Aruch (the Code of Jewish Laws) poskins that one cannot pay excessive ransoms. This will create a new cycle of pirates [or terrorists] capturing Jews for resale to other Jews. Rashi writes that no Jew will be safe if excessive ransoms are paid to the pirates.
What is the halacha if a rich man is willing to pay an exorbitant ransom to redeem a close relative. Is he allowed to do so. Rabbi Ribiat said that the rich man is forbidden to do so as that too will encourage wicked non-Jews to snatch other Jews who may not have rich relative to redeem them.
Yes, there are exceptions to this rule. One (a wealthy Jew) is allowed to pay an excessive ransom to redeem himself. Such a wealthy Jew is also allowed to redeem his wife [as she is kigufo, like himself]. Another exception is that one is also allowed to pay an excessive ransom for a Talmid Chacham (Torah scholar.)
The Famous Case of the Maharam of Rothenberg
Rabbi Ribiat also spoke about the famous case of the Maharam of Rothenberg (Rabbi Meir ben Baruch of Rothenberg, 1215-1293.) The German princes at that time needed a lot of money for their luxurious lifestyles. They had always levied heavy taxes on the Jewish communities. The Jews were already impoverished as they were severely limited as to what professions they could pursue.
Realizing that he was going to be imprisoned, the Maharam of Rothenberg tried to escape. Unfortunately, he was captured when a meshumad (a disloyal Jew who had converted to Christianity) recognized the pious rabbi and informed the German authorities of his whereabouts. The goyim demanded a high ransom and the Jewish community managed to raise the money. Nevertheless , the Maharam of Rothenberg refused to allow his Jewish community to redeem him.
No Torah Scholar Would Ever be Safe Again
He knew, Rabbi Ribiat said, that if he was ransomed, no other Torah leader in Germany would ever be safe again. This was his moment to demonstrate great mesiras nefesh (self-sacrifice) in order to stop this terrible practice of non-Jews kidnapping and imprisoning leading Torah leaders and scholars.
Rabbi Ribiat also brought up the question of whether you are allowed to release murderous Hamas terrorists (yemach shemam) in exchange for the captured Jews in Gaza. We can only suppose that these terrorists if released most likely will indeed go back to their wicked ways. He said that we can’t judge the families of the hostages that want such a one-sided exchange. However, this is a very sensitive and difficult topic.
Reprinted from the current edition of The Flatbush Jewish Journal.
