THE GILAD SHALIT CONTROVERSY B”H Rabbi Y. Rimler
These are the offspring of Noah – Noah was a righteous man, perfect in his generation, Noah walked with G-d. {Beraishis 6:9}.
In his generation: What does this phrase praising Noah mean? Some sages explain that Noah was righteous, even while living amongst a corrupt generation. Others, however, explain it in a critical sense: Only compared to his generation was he righteous; had he lived in the time of Abraham , he would have been insignificant. (Rashi from Tanchuma).
A father had an undisciplined and rowdy son. The child was so problematic, he was expelled from every Jewish school he attended. The father went to his rabbi for advice. The rabbi suggested, “Why not send him to a Catholic school?” Shocked at this idea, the father nevertheless followed the advice on blind faith. After his first day at a Catholic school, the boy was completely transformed. He came home with impeccable manners and excellent behavior. “How did they change you so quickly?” asked the surprised father. “Well,” says the boy, “the Mother Superior gave me an introductory talk about the importance of behaving. And Dad, it seems they mean business over there. In every classroom, there is a Jew nailed to a cross!”
The release of Gilad Shalit , who suffered over five years as a captive of Hamas, was greeted with great joy and celebration. Not only in Israel was this a major sensation, but also for Jews around the world who had prayed and labored for his release. This makes an important statement about what and who we are as a people and a nation – that we mean business when it comes to saving the life of another Jew, even while those around us may also mean business - but sadly, in the opposite direction.
Perhaps you may have read about diverse opinions as to whether Israel did the right thing in the methods it employed effecting his release. Only two days after he came home, the Jewish Journal had four columns thrashing out the pros and cons… “The Shame of Surrendering to evil” … “Obligation to redeem captive trumps heavy price paid”… “Gilad Shalit nation: Family first, Country second,” etc. The issue seems to be that even though all prayed for his release, was it worth the price of releasing over 1,000 terrorists, many of whom wouldn’t hesitate to strike again.
Before I suggest another opinion, I would like to present some of the key points surrounding this subject, both from political and Halachic views: Jewish law prohibits the release of prisoners for an exorbitant ransom which will induce further acts of captivity (Gittin 45a). A well-known case involved the Maharam of Rothenberg (a leading 13th century Rabbi in Germany), who was held captive and steadfastly refused any amount his people were willing to pay for his release. He was fearful that once his opponents saw the price they could fetch, this would set a precedent and endanger other rabbis. In the end, he died in prison. Yet some contend that his view about huge ransoms is not relevant in a case of a life in danger. Further, on the whole, this ruling may depend on several factors; i.e., times of peace vs times of hostility, a leader or sage vs an ordinary person, a community threatened at large vs an individual, etc., etc. (For an elaboration, see Journal of Halacha and Contemporary Society by Rabbi A. Cohen, Fall 2003). {On a tangential note, see Rambam Malveh V’loveh 1;6, where one has debts to a Jew and non-Jew, and fears imprisonment from non-Jews.}
From a political perspective, arguments are also strong. Most countries have a zero tolerance policy in negotiating with terrorists as it only emboldens them. Further, perhaps Israel should have found other ways, such as cutting off basic supplies to Gaza, etc. It also presents an insensitivity to families whose sons were killed by many of these released terrorists. Yet one can argue that Israel saw this as the only viable option, given the danger this may have posed for Shalit. While all this may be so, the nation of Israel overwhelmingly insisted on his release and one way or another, a price had to be paid.
As many would, I absolutely believe in both arguments. No doubt, the great Mitzvah of Pidyon Shevuyim- redeeming captives – was of paramount importance, to do anything and everything to effect his release. I also believe the view of great Torah leaders, including the Lubavitcher Rebbe, that entering negotiations in exchanging captives is extremely dangerous, and can have a spiraling affect in further attempts (G-d forbid). But perhaps another issue is key, one which goes to the core of our character as a nation and a people, and that is as follows:
The name of our people is Israel. This name was given to Jacob when he struggled with Esau’s angel. As Torah points out, the angel did not conquer Jacob. On its deepest level, it’s not only a struggle between nations or good vs bad, more so it’s a struggle and endless wrestling between moral dilemmas, between wrenching decisions that seem irresolvable. Freeing Shalit was not because a resolution can be found, it is in spite of it. It’s what the nation Israel as a people and a country has had to do throughout our history, making supreme decisions, supreme sacrifices in the name of and because of the high moral standards we were charged with. In the words of Rabbi Jonathon Sacks, “I am proud to belong to the people Israel whose name means ‘one who wrestles with G-d and with man and prevails.’ For though we have loved humanity, we have never stopped wrestling with it, challenging the idols of every age. And though we have loved G-d with an everlasting love, we have never stopped wrestling with Him nor He with us.”
This is the story so vivid in the book of Beraishis. In our parsha with Noah, and time and again later with Abraham, Sarah, Jacob, Moses, Hannah, Deborah etc., there was a constant struggling and wrestling with G-d, with finding answers to great quandaries and moral issues, of choosing between two powerful compelling moral rights. Noah, himself, is a portrait and a personification of an embodied dichotomy – A righteous man who is at the same time frowned upon as one who lost an opportunity to salvage and save a generation. Perhaps on a personal level, as Torah says he was a Tzadik, he did the best he could, but failed in finding the answer for his generation. Perhaps as Israel does today, he saw the criminals in his time as too passionate, too committed to ways of evil and destruction, and feared entering a dialogue with them. In the end, Noah is a good man but lacks the luster of an ideal Tzadik.
In life, we are faced with tough choices. No magic wand provides us easy answers. Both on a personal level and a national level, we are sometimes called to make a painful decision, knowing full well the terrible ramifications involved. The Jewish people – the Nation Israel introduced a precedent which became the modus operandi in the western world and particularly the U.S.A., as it leads the world in a battle for human freedom, human dignity, wrestling with tough choices in the face of evil forces. An example is 9/11, when the President gave an executive order to bring down any commercial aircraft that does not respond, knowing full well that innocent lives may be lost in order to spare further attacks on our country. As he commented later, a President must at times make tough decisions at a supreme cost with no easy answer in sight.
Gilad Shalit is free and we thank G-d, and indeed have cause for a great celebration. That so many terrorists are on the loose is regrettable and a travesty of justice. But I prefer to remain humble, rather than make an absolute assertion. I am humbled by the tough choice Israel made. I am humbled by such an outpouring of support from those living in Israel to free Shalit. I am humbled by the endurance he and his family had over all these years. I am humbled by a people who can wrest a life from the claws of evil and make unpopular choices because of a sensitivity to life, to the voice of a family, to the voice of a nation. When a Prime Minister can contradict himself in action with what he writes in his book, because his heart goes out for another Jew, I begin to understand the wrestle Jacob had with the angel of Esau. So despite our failures, despite our shortcomings, despite an apparent weakness, I am proud of Israel, proud of my people, proud to be a Jew - Mi Keamcha Yisrael.
Shabbat Shalom