Havracha – Restrictions on escape and military/police operations:[1]

It is ruled in the Mishneh[2] and Poskim[3] that the sages instituted that one may not help a captive escape from captivity due to Tikkun Haolam, which is an institution made for the betterment of the world. The intent of this betterment of the world is to prevent the enemies of the Jewish people from holding current and future captives under overly harsh and painful conditions to prevent their escape.[4] [Accordingly, it applies even if there is currently only a single captive being held, and certainly applies if there is more than one captive being held in which case helping one captive escape will have immediate repercussions on the conditions of captivity of the second captive.[5]]

Escaping oneself:[6] The actual person being held in captivity may attempt to escape from his captors even if there are other captives present, as for the captive himself, no limitations were instituted by the sages.

Times of war:[7] Seemingly, during times of war, there is no restriction against performing a military operation to release hostages. Furthermore, seemingly if the life of the captive is in jeopardy, it is permitted to perform a military operation, and so ruled a number of Poskim regarding the famous military operation of Entebe.

Endangering one’s life to help save a captive: Some Poskim[8] rule that it is forbidden for one to put his life in even questionable danger in order to save his friend from even certain death.[9] Other Poskim[10], however, rule that one is obligated to enter himself into questionable danger in order to help save his friend from definite death. Practically, Safek Nefashos Lehakel.[11] [In all cases one must heavily measure this matter to determine if in truth he is in questionable danger if he tries to save him.[12] Furthermore, seemingly the military and police force are not under this restriction as that is what they are paid to do and hence it is no different than the allowance and obligation for a soldier to go to war, and a prohibition for him to turn his back on the war effort.]

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[1] Michaber Y.D. 252:5; Mishneh Gittin 45a; Rambam Matanos Aniyim 8:12

[2] Gittin 45a

[3] Michaber Y.D. 252:5; Rambam Matanos Aniyim 8:12

[4] Michaber ibid; Rambam Matanos Aniyim 8:12; Mishneh Gittin ibid

The reason: The Tana Kama in the Mishneh ibid states that the reason is due to Tikkun Haolam, while Rav Shimon Ben Gamliel says that it is a Tikkun for other captives. The Talmud states that the practical ramification between the two approaches is regarding if there’s only one captive. According to the first approach, one may not help a single captive escape while according to the second approach, if there is only one captive one may help him escape.

[5] Implication of Michaber ibid; Beir Hagoleh ibid; Pirush Hamishnayos of Rambam on Mishneh Gittin ibid 4:6

[6] Chavos Yair 213, brought in Pischeiy Tehsuvah 252:6; Peri Chadash 252; Ritva Gittin; Derech Emuna 79 on Rambam Matanos Aniyim 8:12; See story in Gittin 45a with Rav Ilish who ran away despite leaving Benos Rav Nachman there

[7] See Omek Hapeshat 122 Devarim

[8] Admur 329:8 “Although every individual is obligated to even desecrate Shabbos in order to save the life of another Jew, even if there is doubt as to whether they will be saved, nevertheless, if there is danger [involved in trying to save the Jew] one may not endanger himself in order to save his friend because [in the meantime] he is not within the range of danger. [This applies] even if one is witnessing the death of his friend and even if his danger [in trying to save him] is doubtful while his friend’s is certain, nevertheless [he is not to put himself in danger to save him].”; 2^nd opinion in Admur Choshen Mishpat Hilchos Nizkeiy Haguf Vehanefesh Halacha 7 in parentheses; Issur Viheter 59:38; Elya Zuta 329:4; Smeh 426:2 based on omission of all Rishonim and Poskim; M”B 329:19

[9] The reason: The reason for this is as the verse states, “You shall live by them” and not that one should come into doubt of death through fulfilling the Mitzvah of “Do not stand by the blood of your friend.” [Admur ibid]

[10] 1^st opinion in Admur Choshen Mishpat Hilchos Nizkeiy Haguf Vehanefesh Halacha 7 “One who sees a friend drowning in the sea or that murderers are coming upon him and he is able to personally save him or to hire someone to help save him, then he is obligated to trouble himself to hire others to save him, and he then returns and collects the money from the victim if the victim has the money, and if not then he may not refrain from [paying to help save him], and if he does refrain from doing so then he transgresses the command of “do not idle while your friends blood is being spilled. Even to enter oneself into a questionable case of danger there are opinions who say that one must do in order to help save his friend from definite death.” [Omitted from Admur Hilchois Shabbos ibid; This difference of ruling as well as the parentheses given by Admur in Nizkei Haguf is discussed by the Rebbe in Likkutei Sichos 28 p. 153 footnote 19. The Rebbe does not give any concluding stance on this subject.]; Hagahos Maimanos Rotzeiach 1:14 in name of Yerushalmi; Radbaz Leshonos Harambam 1582

[11] Conclusion of Admur in Choshen Mishpat Hilchos Nizkeiy Haguf Vehanefesh Halacha 7 in parentheses

[12] Choshen Mishpat 426:2; M”B 328:19; Shevet Halevi 8:87; See Piskeiy Teshuvos 329:9