Times: Gilad Shalit's Freedom and a Great Mitzvah

A wonderful column in the Times... It sounds like a d'var Torah that you might expect to read in a wholly Jewish newspaper. BRL-verify-7987

A Great Mitzvah Behind the Price of a Soldier's Freedom

By SAMUEL G. FREEDMAN

On the Sabbath morning of Nov. 5, less than three weeks after the release of Sgt. First Class Gilad Shalit in a prisoner exchange between Israel and Hamas, Jews in synagogues throughout the world will read a Torah portion concerning Abraham's early journeys. The text recounts how an invading army conquered the city of Sodom, taking Abraham's nephew Lot as a captive, and the way Abraham raised an army to rescue him.

The timing of this Torah reading is an absolute coincidence, an unplanned synchronicity between the religious calendar and breaking news. Yet the passage also offers an essential explanation, one almost entirely ignored in coverage of the Shalit deal, for Israel's anguished decision to pay a ransom in the form of more than a thousand Palestinian prisoners, including the perpetrators of terrorist attacks on civilians.
The story of Abraham saving Lot represents the earliest of a series of examples and discussions of the concept of "pidyon shvuyim" — redeeming the captives, invariably at a cost — in Jewish scripture, rabbinic commentaries, and legal codes. That concept, absorbed into the secular culture of the Israeli state and the Zionist movement, helped validate the steep, indeed controversial, price of Sergeant Shalit's liberation.
Far from being some abstruse, obscure point of theology, pidyon shvuyim is called in the Talmud a "mitzvah rabbah," a great commandment. The Shulhan Arukh, a legal code compiled in the 16th century, states, "Redeeming captives takes precedence over sustaining the poor and clothing them, and there is no commandment more important than redeeming captives."
So while journalists, analysts and scholars have offered various motivations for the disproportionate deal — the effect of the Arab Spring, the institutional culture of the Israeli Army to never leave behind its wounded, the symbolism of Sergeant Shalit as everyone's child in a country of nearly universal military service — the principle of pidyon shvuyim preceded all those temporal factors.
"For most people in Israel, it doesn't translate directly as a mitzvah, because even if they're attached to Jewish tradition, they're not halakhic," said Noam Zohar, a professor of philosophy at Bar-Ilan University near Tel Aviv, using a term for following religious law. "But the underlying values — solidarity and the high value of every individual life — are part of our public ethos. The same values informed the high urgency of pidyon shvuyim."
Moshe Halbertal, a philosophy professor at Hebrew University of Jerusalem, framed the issue similarly. "Those things are in the DNA of the culture," he said of the religious teachings about ransoming captives. "It's a sentiment that can't be measured in exact legal or judicial terms. It plays a role in those moments of perplexity. You fall back on your basic identity. As a Jew, as an Israeli, what do I do?"
From its initial depiction in Genesis, the admonition to redeem captives reappears in the books of Leviticus and Nehemiah, as well as in the Talmud, Shulhan Arukh and writings of Maimonides. Among the ancient commentators, as well as among Israelis today, debate has persisted over whether pidyon shvuyim is an absolute value.
A passage in the Talmudic volume of Gittin, uncannily anticipating the recent voices of Israelis critical of the Shalit deal, cautions, "We do not redeem captives for more than their worth, so that enemies will not dedicate themselves to take other people captive."
The traumas of Jewish history have provided innumerable opportunities for reconciling the tension between redemption and extortion. Throughout the Middle Ages, Jews who traveled as merchants and traders were frequently kidnapped by pirates or highway bandits. During the Holocaust, German forces routinely threatened to destroy Jewish communities unless the residents paid a pre-emptive ransom.
As Bradley Burston wrote last week in the Israeli newspaper Haaretz, over the past 54 years, the nation has freed a total of 13,509 Arab prisoners in exchanges that brought home 16 captive Israeli soldiers — a ratio of roughly 800 to 1.
With such an imbalance, pidyon shvuyim has been both a cherished and a contested belief. A prominent German rabbi taken captive in the 14th century, Meir ben Baruch, instructed his followers not to pay a ransom, which he feared would be onerously high, and ultimately was killed. Israel was torn apart in the 1950s by a libel trial involving Rudolf Kasztner, a Jewish activist in Hungary who had paid cash, gold and jewels to the Nazi officer Adolf Eichmann in 1944 to save about 1,600 Jews headed for death camps. So controversial were Mr. Kasztner's actions that he was assassinated by a fellow Israeli more than a decade after the war.
While Israelis have widely believed that sovereignty and military ended the need for paying ransoms, the Shalit deal has proven otherwise. It was approved by a prime minister, Benjamin Netanyahu, who had repeatedly written against what he termed "terrorist blackmail" earlier in his political career.
"The Zionist diagnosis, the post-Holocaust diagnosis, was that powerlessness invites victimization," said Michael Berenbaum of the American Jewish University in Los Angeles, a prominent Holocaust historian. "What's intriguing here is that power has not resolved Israel's vulnerability."
Indeed, as the Jewish ethicist Elliot N. Dorff pointed out, contemporary Israel is vulnerable in ways that the small, scattered communities of the Diaspora were not. It has its own enemy prisoners to be demanded in a trade. The Shalit negotiations took place in a constant media spotlight, tracking not just five years of failed deal making between Israel and Hamas but the tableau of Sergeant Shalit's parents sitting in a protest tent outside Mr. Netanyahu's office.
For all the practical, pragmatic, geopolitical calculations that went into the final deal, it also benefited from the endorsement of a leading Sephardic rabbi, Ovadia Yosef, the spiritual leader of the Shas party. With his sanction, the Shas members in Mr. Netanyahu's cabinet voted in favor of the deal. And, in an unspoken, little-noticed way, religious tradition informed a real-world decision.
"The whole issue of redeeming captives," as Mr. Dorff put it, "has not been a theoretical one for us."