Releasing Captives in Jewish Law

(8) Then the king of Sodom, the king of Gomorrah, the king of Admah, the king of Zeboiim, and the king of Bela, which is Zoar, went forth and engaged them in battle in the Valley of Siddim: (9) King Chedorlaomer of Elam, King Tidal of Goiim, King Amraphel of Shinar, and King Arioch of Ellasar—four kings against those five. (10) Now the Valley of Siddim was dotted with bitumen pits; and the kings of Sodom and Gomorrah, in their flight, threw themselves into them, while the rest escaped to the hill country. (11) [The invaders] seized all the wealth of Sodom and Gomorrah and all their provisions, and went their way. (12) They also took Lot, the son of Abram’s brother, and his possessions, and departed; for he had settled in Sodom. (13) A fugitive brought the news to Abram the Hebrew, who was dwelling at the terebinths of Mamre the Amorite, kinsman of Eshkol and Aner, these being Abram’s allies. (14) When Abram heard that his kinsman’s [household] had been taken captive, he mustered his retainers, born into his household, numbering three hundred and eighteen, and went in pursuit as far as Dan. (15) At night, he and his servants deployed against them and defeated them; and he pursued them as far as Hobah, which is north of Damascus. (16) He brought back all the possessions; he also brought back his kinsman Lot and his possessions, and the women and the rest of the people.

...Adam was created alone, to teach you that anyone who destroys one soul from the Jewish people, the verse considers it as if he destroyed an entire world. And anyone who sustains one soul from the Jewish people, the verse considers it as if he sustained an entire world...

Incidental to this story, the Gemara relates that Ifera Hurmiz, the mother of King Shapur, king of Persia, sent a purse [arneka] full of dinars to Rav Yosef. She said to him: Let the money be used for a great mitzva. Rav Yosef sat and considered the question: What did Ifera Hurmiz mean when she attached a condition to the gift, saying that it should be used for a great mitzva? Abaye said to him: From what Rav Shmuel bar Yehuda taught, that one does not impose a charity obligation on orphans even for the sake of redeeming captives, learn from this that redeeming captives is a great mitzva.

...Rabbi Yoḥanan says...The sword is worse than death...Famine is worse than the sword...And captivity is worse than all of them, as it includes all of them.

(10) The redemption of captives receives priority over sustaining the poor and providing them with clothing. [Indeed,] there is no greater mitzvah than the redemption of captives. For a captive is among those who are hungry, thirsty, and unclothed and he is in mortal peril. If someone pays no attention to his redemption, he violates the negative commandments: "Do not harden your heart or close your hand" (Deuteronomy 15:7 , "Do not stand by when the blood of your neighbor is in danger" (Leviticus 19:16 , and "He shall not oppress him with exhausting work in your presence" (ibid. 25:53). And he has negated the observance of the positive commandments: "You shall certainly open up your hand to him" (Deuteronomy 15:8 , "And your brother shall live with you" (ibid. 19:18), "Love your neighbor as yourself" (Leviticus 19:18 , "Save those who are taken for death" (Proverbs 24:11 , and many other decrees of this nature. There is no mitzvah as great as the redemption of captives.

(3) Every moment that one delays unnecessarily the ransoming of a captive, it is as if he were to shed blood.

...The captives are not redeemed for more than their actual monetary value, for the betterment of the world;

and one may not aid the captives in their attempt to escape from their captors for the betterment of the world, so that kidnappers will not be more restrictive with their captives to prevent them from escaping.

Rabban Shimon ben Gamliel says: For the betterment of the captives, so that kidnappers will not avenge the escape of the captives by treating other captives with cruelty...

A dilemma was raised before the Sages: With regard to this expression: For the betterment of the world, is it due to the financial pressure of the community? Is the concern that the increase in price will lead to the community assuming financial pressures it will not be able to manage? Or perhaps it is because the result of this will be that they will not seize and bring additional captives, as they will see that it is not worthwhile for them to take Jews captive? The Gemara suggests: Come and hear an answer based on the fact that Levi bar Darga redeemed his daughter who was taken captive with thirteen thousand gold dinars. This indicates that private citizens may pay excessive sums to redeem a captive if they so choose. Therefore, it must be that the reason for the ordinance was to avoid an excessive burden being placed upon the community. If the ordinance was instituted to remove the incentive for kidnappers to capture Jews, a private citizen would also not be permitted to pay an excessive sum. Abaye said: And who told us that he acted in accordance with the wishes of the Sages? Perhaps he acted against the wishes of the Sages, and this anecdote cannot serve as a proof.

The mishna taught: And one may not aid the captives in their attempt to escape from their captors, for the betterment of the world. Rabban Shimon ben Gamliel says: For the betterment of the captives. The Gemara asks: What is the difference between the two reasons given? The Gemara answers: There is a difference between them when there is only one captive. If this ordinance was instituted for the benefit of the other captives, so that the kidnappers should not avenge a captive’s escape by treating the others with cruelty, then if there is only one captive to begin with, one may help him to escape. If it was instituted so that kidnappers in general will not act restrictively with their captives, it would be prohibited in this case as well.

(Qafih translation)

(12) We do not redeem captives for more than their worth for the benefit of the world at large, i.e., so that enemies will not pursue people to hold them captive. We do not assist captives in escaping, for the benefit of the world at large, i.e., so that enemies will not oppress captives seriously and be very strict when guarding them.

(4) Captives are not to be ransomed at an unreasonable cost, for the safety of society; otherwise, the enemies would exert every effort to capture victims. But a man may ransom himself at any price. So also, a scholar should be ransomed at a greater price, or even a student who gives promise of becoming a great scholar...

(5) Captives should not be aided to escape, for the sake of public safety; lest the enemies treat the captives with greater severity and confine them under closer custody.

The Sages taught another baraita (Tosefta, Horayot 2:5) relating to the fate of the Jewish children: There was an incident involving Rabbi Yehoshua ben Ḥananya who once went to the great city of Rome, where they said to him: There is a child in prison with beautiful eyes and an attractive appearance, and his curly hair is arranged in locks. Rabbi Yehoshua went and stood by the entrance to the prison. He said, as if speaking to himself: “Who gave Jacob for a spoil, and Israel to the robbers?” (Isaiah 42:24). That child answered by reciting the continuation of the verse: “Did not the Lord, He against Whom we have sinned, and in Whose ways they would not walk, neither were they obedient to His law?” Rabbi Yehoshua said: I am certain that, if given the opportunity, this child will issue halakhic rulings in Israel, as he is already exceedingly wise. He said: I take an oath by the Temple service that I will not move from here until I ransom him for whatever sum of money they set for him. They said that he did not move from there until he ransomed him for a great sum of money, and not even a few days had passed when this child then issued halakhic rulings in Israel. And who was this child? This was Rabbi Yishmael ben Elisha.

[Tosfot quotes the Gemara:] "for whatever [amount of] money that they demand." [He was legally allowed to do this because where] there is a threat to life, we redeem the captives for more than their value...Alternatively, [he was allowed to redeem the baby for more than its worth] because [it possessed] great wisdom.

And GOD’s ransomed shall return, and come with shouting to Zion, crowned with joy everlasting. They shall attain joy and gladness, while sorrow and sighing flee.