Does the concept of Pidyon Shvuyim apply to helping release a Jew from a state prison?[1]
Penalty of capital punishment:[2] In the event that the Jew is being held with a potential penalty of capital punishment, then the Mitzvah of Pidyon Shvuyim applies even if he is truly a criminal [unless he’s truly deserving of death]. [Thus, those individuals who are arrested for possession or sale of drugs in countries that carry a death penalty, it is a Mitzvah of Pidyon Shvuyim to help release them.]
Chance of being killed in prison: Likewise, those prisons which are notorious for death of inmates, either through being killed by other prisoners, or being killed due to malnutrition, or due to malicious, have the Mitzvah of Pidyon Shvuyim apply towards their Jewish inmates.
No worry of death:[3] Those prisons which do not have a history of inmate deaths, and hence the life of its inmates are not considered to be in danger, many Poskim rule that the Mitzvah of Pidyon Shvuyim does not apply to its Jewish inmates, and hence one may not channel charity funds from their already intended use for the sake of releasing them from prison. This applies to most prisons today within Western civilization. Nonetheless, certainly it is a great kindness in Mitzvah to donate money for such a cause to help release the inmate. Certainly, this applies if the inmate is unable to observe Torah and Mitzvos while in prison.
A Criminal:[4] The above only applies if indeed the inmate is innocent of the crime, or was given a prison sentence disproportionate to his crime. However, if he is truly a criminal who has stolen, or murdered or raped, or molested children, and it is for the benefit of mankind that he remain incarcerated, then on the contrary, he should remain in jail and not be given assistance to help him get released.
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[1] See Shevet Halevi 4:124-3; 5:135:1; Pesakim Uteshuvos 252:1
[2] See Chavos Yair 213, brought in Pischeiy Tehsuvah 252:6; Maharam Milublin 15 regarding lad who slept with harlot and was going to be killed, brought in Pischeiy Tehsuvah 252:4
[3] Pesakim Uteshuvos 252:1 as we rule regarding Hagomel; Pischeiy Choshen Nezikin 12:3;
Other opinions: See Pamonei Zahav 101; Shach 252:9; Pesakim Uteshuvos 252:1 footnote 5
See regarding Hagomel: One who was incarcerated in a prison for capital punishment, or for monetary motives and was chained with steel cuffs, and has now been released, is to recite the blessing of Hagomel. [Seder 13:2; Luach 12:8; Ketzos Hashulchan 65:1] However, one who was incarcerated without conditions of suffering, may not recite the blessing, as it has no basis in scripture. [Shaar Hakolel 23:2; Ketzos Hashulchan 65:1 footnote 4; See also Michaber E.H. 141:16; Likkutei Sichos 12:27 footnote 39] Furthermore, some Poskim rule a blessing may never be recited unless one’s life was endangered, and hence being freed from incarceration that did not have a death penalty does not deserve a blessing even though one had lack of freedom and one was under suffering. [Implication of M”A 219:1; Machatzis Hashekel ibid that so applies even according to Talmidei Rabbeinu Yona and Rav Haiy Gaon; Conclusion of Biur Halacha 219:1; See P”M 219 A”A 1]
[4] See Shevet Halevi 4:124-3; 5:135:1; Vealeihu Lo Yibol 2:113 in name of Rav SZ”A; Pesakim Uteshuvos 252:1
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