vilnagaon.org English Home Page

The following is an excerpt from the post: Handing over 1 Jew for Execution to Save the Many – The Sheva the son of Bikhri Exception to the General Rule

Translated Excerpt from “One Does Not Endanger a Life to Save Another Life” – The Prohibition of Releasing Terrorists When It Endangers Jews, Even for the Purpose of Redeeming Captives by Rabbi Chaim Meir Einhorn.

One does not sacrifice one life for the sake of saving another life

Now to the core of the issue: Is it permissible to endanger Jews in order to save others by releasing terrorists, both because this could lead to further kidnappings of Jews and because of the risk posed by the (released) terrorists themselves returning to kill? There is a principle in Jewish law, “One does not sacrifice one life for the sake of saving another life”, and its definition is simple: it is forbidden to endanger the lives of Jews. This prohibition is not pushed aside, even in a case of pikuach nefesh (that is to say, saving others).

The source of this law is found in the Tosefta Terumot: “A group of people were told by gentiles: Give us one of you to kill, and if not, we will kill all of you. They should all be killed, and they should not give up a single soul of Israel. But if they singled out someone, like they did with Sheva ben Bikhri, they should give him to them, so that everyone should not be killed.” Based on this, the Rambam ruled: “Similarly, if the gentiles said to them, ‘Give us one of you to kill, and if not, we will kill you all,’ they should all be killed, and they should not give up a single soul of Israel. But if they singled out someone and said, ‘Give us so-and-so, or we will kill you all,’ if he is deserving of death, like Sheva ben Bikhri, they should give him to them. But we do not instruct them to do so at the outset. If he is not deserving of death, they should let everyone die rather than give them a soul of Israel.”

Therefore, this is one of a number of reasons that Rabbi Einhorn provides to prove that it is forbidden to endanger Jews (who are not deserving of death) by releasing terrorists in exchange for hostages. In contrast to the supporters of Rabbi Ovadia Yosef, Rabbi Einhorn provides both halachic proofs, as well the historical results of past deals to prove that releasing terrorists should be classified as an immediate danger to the Jewish people.

Scholars who understand Hebrew and Talmudic sources are urged to study Rabbi Einhorn’s entire article which is currently located at https://60ribo.org.il/rav-chaim-einhorn/

Comment 1 by the editor: In Shulchan Aruch, Yoreh Deah 157:1 in the critical comments of Rabbi Moshe Isserles (Rama) there are actually 2 viewpoints on what important lesson we can learn from the Sheva son of Bikhri incident. The translation of those comments is based on an early version of the comments of Rabbi Isserles at https://hebrewbooks.org/pdfpager.aspx?req=20660&st=&pgnum=86 .

Cuthites that said to an Israelite “Give us one of you and we will kill him” – [and if not we will kill you all*] they may not give him over unless they [the Gentiles] singled him out and said, “Give us Ploni” [a particular individual]. And there are those who say that even in this case, one should not give him over unless he is already liable for death like Sheva ben Bikhri.

 * The additional words are based on the comments of Rabbi Isserles in Darkei Moshe Ha’aroch

It turns out from the words of Rabbi Isserles, there are 2 views. Only the second view demands that the victim be liable for death like Sheva Ben Bikhri. But even the first view forbids handing over an Israelite at random to save others and has a number of other limitations. Vilnagaon.org does not take on the responsibility of deciding which view is right. It should be noted that Rabbi Moshe Zuriel zt”l who in the past has greatly helped vilnagaon.org has also written on the subject of Sheva Ben (that is to say, son of) Bikhri. If you read Hebrew, here is a link to the article.

Comment #2 by the editor: See the Hebrew responsa of Radbaz  Volume 3, chapter 627 (1052) that puts another gigantic roadblock to the various hostage for terrorists deals, that we have seen in the recent past.

Comment #3 by the editor:

Rabbi Chaim Meir Einhorn in his article on hostages for terrorists in footnote #17 states: It seems that releasing terrorists in our time is similar to the situation of giving weapons to a terrorist, and similar to this we found in the words of Ritva to Pesachim 25a in the name of his Rabbi, Rabbi Aharon Halevi: “And in the Talmud Yerushalmi they stated, a group of people were travelling and encountered, bandits. They said, “Give us one of you, and if not, we will kill you, even if they all are killed, let them not surrender a soul from Israel.
The explanation is that since they do not specify a known person, when they (the group) choose the victim based on their own mindset, it turns out that they are trying to redeem themselves at the expense of another Israelite and they are healing themselves by the spilling of blood and one does not push aside one life to save another life”.
And he also wrote, “And it appears that so is the law when he says to an Israelite give me your weapons and I will kill this Israelite and if not I will kill you and the Gentile does not have the ability to get the weapons without the consent of the Israelite, that he should not give it (the weapon or weapons) in order to redeem his life”.

 

For Blog Home page or to search the blogs, press here
Web Site Home Page

Permanent Topics

A Light Unto the Nations  Evidence For the Existence of G-d[Hashem]

Book 1: Is G-d a Good Gamble? Contents The Big Bang Theory– Proof or Disproof For G-d ? Rabbi Akiva’s Proof For the Existence of Hashem[G-d] The SETI Proof for the Existence of G-d What Benefit Could G-d Have In Creating and Destroying Worlds Previous to the Six Days of Creation? The Sequence of The 6 Biblical Days of Creation In Light of Science The Creation of Adam from Dust and the Theory of Evolution Hashem Continues to Supervise Human Affairs Are the Commandments of Judaism, Demands , I Would Expect from an Omnipotent Creator? An Insurance Policy For Someone Who Still Has His Doubts The Jewish View on Heaven and Hell The Experience of People Who Were Clinically Dead And Came Back to Life The Chafetz Chaim Hated Russian Communist Leaders Miracles of the Gulf War Divine Assistance Sacrifices As Part of a Course of Redemption Even Though They Don’t Do Teshuva [ Repent ]

Book 2: Interpretation of the Bible

• Messianic Movements That Failed
• False Prophet
• The Tradition
• The Mitzva To Appoint Judges and Officials to Enforce the Law
• Let Us Make Man… (Genesis 1:26)
• The Man That Blasphemed
• Resurrection of the Dead
• Most of The Prohibitions of The Bible Do Not Apply To Gentiles
• Was It a Mitzvah [Good Deed] Or a Sin Not To Kill King Sha’ul {Saul}? – Part 1
• Was It a Mitzvah [Good Deed] Or a Sin Not To Kill King Sha’ul {Saul}? – Part 2
• Deciphering Daniel’s Prophecy Regarding The Building 
  And The Destruction Of The Temple And The Coming Of Messiah
• Why the Bible is Immune to Scientific Criticism
• The 430 Year Gap
• Biblical And Historical Precedents For Resisting Army Service

---

B”H Excerpts from An Anthology of the Gaon by Rabbi Moshe Zuriel {Tzuriel}

A Selection of sayings of the Vilna Gaon regarding beliefs, extracted from most of the writings of his disciples, of those faithful to him, and from some of his own writings.

Swiftness

The fact that a person puts off performing a mitzvah until the morrow leads to his not performing it at all, rather, as soon as he has the opportunity he should immediately perform it – to Proverbs 10/8, 14/23, 27/1

If not now, then when?” (Avot I) – the Sages did not say ”if not today”, for even on the same day, one should already now, perform the mitzvah.- to Proverbs 6:9

This Anthology of the sayings of the Vilna Gaon is Not Appropriate For Non-Jewish
Souls. Instead they should scroll up this page to the section A Light Unto the Nations which is more appropriate for a mixed audience.

Anthology Topics: 1 Cruelty  2 Erev Rav  3 Father  4 The First Man  5 Forefathers  6 Heretics 7 The Holy Temple  8 Limbs 9 Love of G-d  10 Man  11 The Nations of the World 12 Prophecy 13 Reproof  14 Reward and Punishment 15 Suffering  16 Swiftness  17 Torah   18 Torah Study  19 The World to Come

–B”H