The Rishonim mention several exceptions to the rule of not overpaying ransom money. Based on a Gemara that obligates a husband to ransom his wife (on the first occasion she is taken captive) even for a great sum of money, Tosfos (Gittin 45a) explains that a person’s wife is considered his own self (אשתו כגופו ). Concerning one’s own self, there is no limitation on the amount of ransom one may pay.
Tosfos also cites an anecdote mentioned in the Gemara (Gittin 58a) describing how one of the Tanaim ransomed a child who had demonstrated great abilities, paying a very high sum. According to one explanation offered by Tosfos, the reason for this was because of the child’s great potential. Indeed, the child grew up to be the great Rabbi Yishmoel ben Elisha. As the Ramban writes, money is a replaceable commodity, but talmiday chachomim are irreplaceable. When it comes to talmiday chachomim, any sum of money is legitimate to procure their release.
According to another explanation of Tosfos, it was permitted to ransom the child for a great sum because at the time of the Churban [Destruction] the problem of encouraging kidnapping became irrelevant: things could get no worse than they already were.
Elsewhere, Tosfos (Gittin 58a) presents another explanation, writing that it is permitted to pay an exorbitant ransom when there is an imminent danger to the captive’s life. The Ramban there disagrees with this explanation, claiming that all cases of captivity involve an inherent danger to the captive’s life, while ransoming for exorbitant sums remains prohibited. Yet, as we will see below, several poskim adopt the explanation given by Tosfos.
