Halachic Rulings
Limuday Moshe | December 21, 2023
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Halachic Rulings

Limuday Moshe | December 31, 2025

Some Rishonim, including the Rambam and the Shulchan Aruch (Yoreh De’ah 252:4), rule like the explanation of the Gemara that the rationale behind the prohibition against paying exorbitant ransoms is concern for encouraging captors to continue their ways. The Ran explains that even though the Gemara does not decide the correct explanation, proof can be adduced from a different Gemara to decide the matter. The Shulchan Aruch also notes the exceptions cited above: A person is permitted to redeem himself for large sums, and it is likewise permitted to redeem talmiday chachomim, or somebody we believe is destined to become a talmid chachom, for sums beyond his value.

By contrast, the Yam Shel Shlomah (Gittin, 4:66) rules like the other reason in the Gemara, namely that the rationale behind the prohibition is the strain on the community. He thus explains the custom of a number of communities to pay disproportionate ransoms, reasoning that a community (but not individuals) has a right to ignore and overlook the strain and difficulty of raising the funds.

He adds that in circumstances that present immediate danger to the captive’s life, it is permitted and even obligatory to ransom a captive even for disproportionate sums. Significantly, he also adds (no. 72) that this is the accepted custom.

Based on his outlook on the issue, the Yam Shel Shlomah questions the legendary behavior of Maharam MiRuttenberg, who refused to allow his community to ransom him from captivity, and ultimately died in the hands of his captors. His status as a leading talmid chachom should surely have been enough reason to permit his ransoming, even at a great expense. In addition, the captivity endangered his life, and this should also have been a reason to allow for his ransoming, even for disproportionate sums.

Finally, however, he justifies the action of Maharam MiRuttenberg, explaining that he did not allow himself to be ransomed since this would encourage the future kidnapping of other talmiday chachomim, so that ultimately the communities would lack the means to redeem them. This would lead to a possible calamity for the Torah world. To avert the potential disaster the Maharam MiRuttenberg refused to be ransomed. The Yam Shel Shlomah writes that the self-sacrifice of Maharam MiRuttenberg prevented similar acts of kidnapping from taking place.

Some Rishonim, including the Rambam and the Shulchan Aruch (Yoreh De’ah 252:4), rule like the explanation of the Gemara that the rationale behind the prohibition against paying exorbitant ransoms is concern for encouraging captors to continue their ways. The Ran explains that even though the Gemara does not decide the correct explanation, proof can be adduced from a different Gemara to decide the matter. The Shulchan Aruch also notes the exceptions cited above: A person is permitted to redeem himself for large sums, and it is likewise permitted to redeem talmiday chachomim, or somebody we believe is destined to become a talmid chachom, for sums beyond his value.

By contrast, the Yam Shel Shlomah (Gittin, 4:66) rules like the other reason in the Gemara, namely that the rationale behind the prohibition is the strain on the community. He thus explains the custom of a number of communities to pay disproportionate ransoms, reasoning that a community (but not individuals) has a right to ignore and overlook the strain and difficulty of raising the funds.

He adds that in circumstances that present immediate danger to the captive’s life, it is permitted and even obligatory to ransom a captive even for disproportionate sums. Significantly, he also adds (no. 72) that this is the accepted custom.

Based on his outlook on the issue, the Yam Shel Shlomah questions the legendary behavior of Maharam MiRuttenberg, who refused to allow his community to ransom him from captivity, and ultimately died in the hands of his captors. His status as a leading talmid chachom should surely have been enough reason to permit his ransoming, even at a great expense. In addition, the captivity endangered his life, and this should also have been a reason to allow for his ransoming, even for disproportionate sums.

Finally, however, he justifies the action of Maharam MiRuttenberg, explaining that he did not allow himself to be ransomed since this would encourage the future kidnapping of other talmiday chachomim, so that ultimately the communities would lack the means to redeem them. This would lead to a possible calamity for the Torah world. To avert the potential disaster the Maharam MiRuttenberg refused to be ransomed. The Yam Shel Shlomah writes that the self-sacrifice of Maharam MiRuttenberg prevented similar acts of kidnapping from taking place.

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