Thursday, January 28, 2016

Gittin 45 - Ransoming hostages - how much to pay?

When bandits demand money to release hostages, they should not be given extraordinary amounts - for the benefit of society. Is the intent not to impoverish society, or is it to discourage future hostage-taking? A certain Levi bar Darga redeemed his daughter for twelve thousand gold coins. Since he paid the money himself, society was not burdened. Does it not prove that the second reason - that the bandits should not take more Jews hostage in the future - does not apply? Said Abaye, "Who said that the Sages approved of his actions?" - Rather, this rule is intended to discourage future hostage-taking.

Another rule: not to help hostages escape but rather continue with the ransom negotiations. What is the reason here? Some say it is to prevent harsher treatment of future hostages, while others say it is to avoid the torture of the remaining ones. Why does the reason matter if the rule is not to help them escape? - It will make a difference in the case of a single captive: the first reason would still apply, but the second would not.

Likewise, the Torah scroll, tefillin, and mezuzah can only be bought from idolaters for reasonable amounts to benefit society. If one does not buy them, the sellers may destroy them in anger, but if he buys them for too much - they may continue stealing.

However, a question may be asked: perhaps they wrote the Torah, and if so, how can it be read in the synagogue? Rabbi Eliezer would say that anything an idolater does is for the sake of his idol - so this Torah scroll should be destroyed. Rav Hamnuna said that Torah scrolls written by non-Jews or anyone who is not proper to write them, such as a non-observant Jew, are invalid and should be buried. Our rule works according to the opinion that if the Torah is written correctly, anyone can write it - if only the leather was prepared for the sake of writing a Torah scroll on it.

Art: Two Bandits in the Hills by William Simpson

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