Forcing one to give money to redeem a captive

Forcing one to give money to redeem a captive:

Redeeming oneself:[1] An individual is obligated to redeem himself from captivity if he can afford it. If one refuses to redeem himself, then the courts may confiscate his assets in order to redeem him even against his wishes. [This, however, only applies to redeeming himself for his market value, however, he is not obligated to pay more than the market value to redeem himself.[2] Nonetheless, he may do so if he chooses, as explained above in E.]

Redeeming one’s Wife:[3] A husband is obligated to redeem his wife [for her value]. If a husband refuses to redeem his wife, then the courts may confiscate his assets in order to redeem her even against his wishes. [Many Poskim[4], however, rule that this only applies to redeeming the wife for her market value, however, he is not obligated to pay more than the market value to redeem her. Nonetheless, most Poskim[5] rule that he may do so if he chooses, as explained above in E. [6] However, he is obligated to pay her market value even if it is worth more than the value of her Kesuba.[7] This allowance to redeem one’s wife for more than her value applies even if he himself is also in captivity, and will need to remain in captivity if he redeems his wife for more than her value.[8]]

Redeeming relatives:[9] A father who can afford it is obligated to redeem his son from captivity, if his son cannot afford to do so himself.[10] The same applies by all relatives, that if a person has the financial capability to redeem a relative of his that was taken captive, then he must do so, as it’s not right to place the burden of redeeming the captive on the community so the relative can continue to remain wealthy. In this regard, the closer a relative that one is to the captive, the greater responsibility he has to redeem him. Thus, if several relatives have the financial capability of redeeming the captive, the relative who is biologically closest to the captive is obligated to redeem him and he cannot throw the obligation on more distant relatives.[11] [This, however, only applies to redeeming him for his market value, however, he is not obligated to pay more than the market value to redeem the relative.[12] Nonetheless, he may do so if he chooses, as explained above in E.]

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[1] Michaber Y.D. 252:11; Hagahos Mordechai Bava Kama Remez 59 in name of Maharam Merothenberg 39

[2] Shach 252:11; Rashal in Yam Shel Shlomo Gittin 4:66; See Haflah Kesubos 52; Gilyonei Hashas Gittin ibid

[3] Michaber Y.D. 252:10; E.H. 78:1; Hagahos Mordechai Kesubos Remez 288

[4] Michaber E.H. 78:2; Shach Y.D. 252:11; Simple understanding of Rama 78:2; Rambam Ishus 14:19; Raban Shimon Ben Gamliel in Kesubos 52a; Rif Kesubos 19a

Other opinions: Some Poskim rule that by the first time she is held captive, the husband is obligated to pay up to 10 times her value [Beis Shmuel E.H. 78:2 in opinion of Rama ibid; Rashal in Yam Shel Shlomo Gittin 4:66; Tana Kama in Kesubos 52a “He must pay up until 10 times her value”; See Maharam Milublin 15; Chelkas Mechokeik 78:2 in opinion of Rama]

[5] Implication of Michaber E.H. 78:2, as learns Chelkas Mechokeik 78:2, that he may do so; Rama E.H. 78:2 [see Rama Y.D. 252:4]; Shach Y.D. 252:4 and 11; Beis Shmuel E.H. 78:2; Chelkas Mechokeik E.H. 78:2; Bach 252; Tur E.H. 78; Tosafus Gittin 45a; Tosafus Kesubos 52a; Rosh Kesubos 4:22 in name of Rameh; Kesubos 52a “Up until 10 times her value”; Rashal in Yam Shel Shlomo Gittin 4:66; See Maharam Milublin 15

Other opinions: Some Poskim rule that a husband may not pay more than market value even to redeem his wife. [Michaber E.H. 78:2, as learns Beis Shmuel and Chelkas Mechokeik 78:2 in his opinion, that it is forbidden to do so; Raban Shimon Ben Gamliel Kesubos 52a-b]

[6] Shach 252:4 and 11

[7] Michaber E.H. 78:1, 3; Rambam Ishus 14:19; Kesubos 52b

Other opinions: Some Tanaim were of the opinion that the husband is never obligated to pay more than the value of her Kesuba, nor of her market value, whatever is less. [Raban Shimon Ben Gamliel in Kesubos 52b “Trei Kueli Is Bei”]

[8] See Shach 252:11 “and not himself”; Beis Shmuel E.H. 78:2 in opinion of Rama ibid that it is an obligation to do so

[9] Michaber and Rama 252:12

[10] Michaber Y.D. 252:12; Hagahos Mordechai Bava Metzia Remez 367 in name of Maharam Merothenberg 39 based on Kiddushin 18a

[11] Rama Y.D. 252:12; Hagahos Mordechai Bava Metzia Remez 367 in name of Maharam Merothenberg 39; Bava Kama Remez 59

[12] Shach 252:4 and 11

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