Israel Matzav: Rethinking terrorist releases

Monday, September 23, 2013

Rethinking terrorist releases

The weekend murder of Tomer Hazan, by a 'Palestinian' co-worker who hoped to exchange Hazan's body for his brother, an imprisoned 'Palestinian' terrorist, has led to some welcome critical thinking about the wisdom of releasing 'Palestinian' terrorists from Israeli prisons.

Every time Israel agrees to an unequal prisoner swap, a dangerous dynamic is set in motion. If large numbers of prisoners are released in exchange for a few kidnapped Israeli soldiers – alive or dead – Palestinian terrorists such as Amar are encouraged to kidnap, and kill, more soldiers. Not surprisingly, Israel currently faces a concerted effort to do just that on the part of Palestinian terrorist groups. Twenty-seven attempts to abduct soldiers were foiled in the first six months of the year – twice as many as the same period in 2012.

And when prisoners – including those “with blood on their hands” – are released before they serve their sentences, it emboldens Palestinian terrorists such as Amar who rightly gamble that they too will be released early in a prisoner swap or a “goodwill gesture.” And they have good reason to be optimistic.

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Throughout nearly two millennia of exile, the Jewish people’s high regard for life has been exploited by ransom- seekers. As a result, Jews developed an extensive rabbinic literature to deal with the moral and legal issues involved. And there are no clear-cut answers. On one hand, Rabbi Yosef Karo (1488-1575), in his codex of Jewish law titled the Shulchan Aruch, rules that redeeming Jewish captives takes precedent over all other charitable causes. On the other hand, in an act of astounding selflessness, Rabbi Meir of Rothenburg (1215-1293) issued a ruling from his cell ordering his students and supporters not to pay the exorbitant ransom demanded by the German who had kidnapped him. The rabbi knew that if the ransom were paid, there would be no end to extortion attempts against the Jewish community. Rabbi Meir died in captivity seven years after he was kidnapped.

There are no easy answers when deliberating the release of Palestinian prisoners. Hazan’s murder this weekend is a sad reminder of the risks involved.

I don't believe that the Shulchan Aruch is referring to situations where paying a ransom will lead to more kidnappings. Nor do I believe that either the Shulchan Aruch or the Maharam (Rabbi Meir of Rothenburg) is referring to a situation where the Jew is being exchanged for terrorists and not for cash (which was the demand with respect to the Maharam). And I am not aware of any halachic authority that would permit releasing terrorists in exchange for resuming negotiations - certainly not for resuming negotiations with an enemy that has proven itself duplicitous and untrustworthy.

There might be a place for releasing terrorists. But that place - if anywhere - is only in the context of a full and guaranteed peace agreement. That euphoria is unlikely to occur in your lifetimes or mine or in the lifetimes of the terrorists, so as a practical matter there is no place for releasing terrorists. And there is certainly no place for releasing terrorists as a 'gesture' or to strengthen an illegitimate ruler who has now served in office for more than twice the period to which he was 'elected.'

Labels: Abu Mazen, gestures, Maharam, Palestinian terrorism, Palestinian terrorists, prisoner exchange, Shulchan Aruch