Pidyon Shvuyin – The greatness and importance of the Mitzvah of redeeming a captive

Mitzvah Raba – The greatness and importance of the Mitzvah of redeeming a captive:[1]

The Mitzvah of redeeming a captive is described in the Talmud[2] as a great Mitzvah “Mitzvah Raba.”[3] It is hence considered the greatest form of charity, and takes precedence to all the other forms of charity, as will be explained below. In fact, there is no greater or more superior[4] Mitzvah than redeeming a captive being that a captive is considered hungry, thirsty, unclothed, whose very life is held in balance.[5] [Redeeming a captive is greater than the creation of the heaven and earth.[6] Anyone who gives money towards redeeming a captive, G-d will save him and his descendants from falling into captivity.[7] In merit of the Mitzvah of redeeming captives the Jewish people will be redeemed from the exile.[8]]

The Positive and Negative commands:[9] One who abstains from fulfilling this Mitzvah and does not redeem a captive when he is in a position to do so, transgresses several negative commands, including: 1) Lo Siameitz Es Levavcha[10]– “Do not harden your heart”; 2) Lo Sikpotz Es Yadcha[11] – “Do not close your hands”; 3) Lo Samod Al Dam Reiacha[12] – Don’t stand idle while your friends blood is being spilled; 4) Lo Yardenu Befarech Lieiynecha[13] – “Do not allow him to perform slave labor in front of your eyes.” In addition, it transgresses several positive commands, including: 1) Poseiach Tiftach Es Yadcha[14] – “You shall open your hands in charity”; 2) Vechaiy Achicha Imach[15] – “Allow your brother to live with you”; 3) Veahavta Lereiacha Kamocha[16] – Love your fellow as yourself; 4) Vihatzel Likuchim Lamaves[17], and many of the like.

Delaying is like murder:[18] For every moment that one negligently delays the redemption of a captive, when possible to redeem him earlier, it is considered as if one is committing murder.

The scriptural source for its severity:[19] The idea that Pidyon Shevuin is a Mitzvah Raba is learned from the verse of Scripture[20] which states regarding the future of the Jewish people in exile “when they say to you, “where will we go?” you shall say to them, So says God, “those who are destined to die a natural death will die a natural death, those who are destined to die by the sword will die by the sword, those who were destined to die my hunger will die by hunger, and those who are destined to be captured, will become captives.” Now, the destiny that is written later in the verse is considered more severe than its predecessors. Dying by the sword is more severe than dying a natural death, as it is more gory on the body and so can also be derived from Scripture.[21] Dying by hunger is more severe than dying by the sword being that there is more pain involved in death due to hunger, and so is stated explicitly in Scripture.[22] Being held as a captive is the worst of them all being that it incorporates all of the previous sufferings, as the captive can potentially die a natural death[23], or be killed by the sword, or die due to hunger. Accordingly, we see that being kidnapped is compared to all the various forms of death, and is hence the greatest form of charity.[24]

 

Practical example of Pidyon Shvuyim in today’s times:[25]

In today’s times, the concept of kidnapping for ransom is rare, at least in Western countries, and is rather limited to countries that have a strong Mafia and gang presence in which kidnapping for the sake of ransom is rampant even today [i. e. Mexico, South America, Asia, Africa etc]. The most common type of Pidyon Shvuyim in today’s times, is helping release a Jew from imprisonment. Below we will discuss whether the Mitzvah of Pidyon Shvuyim applies in such a case.

Does the concept of Pidyon Shvuyim apply to helping release a Jew from a state prison?[26]

Penalty of capital punishment:[27] 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:[28] 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:[29] 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.

 

Kiruv Organizations – Does the concept of Pidyon Shvuyim apply to helping bring a Jew closer to Judaism:[30]

Another major type of Pidyon Shvuyim which exists today is the redeeming of Jewish souls from a state of heresy and apostasy, and bringing them towards observance of Torah and Mitzvos. Certainly, those who take part in such work, and donate money towards the cause are fulfilling a great Mitzvah of Pidyon Shvuyim on a spiritual scale. The Poskim [brought below] rule that one may even desecrate Shabbos in order to help save a Jew from leaving Judaism. Hence Pikuach Nefesh of the soul is just as serious as Pikuach Nefesh of the body, and hence the Mitzvah of Pidyon Shvuyim should apply. Indeed, one of the exceptions recorded in Poskim[31] for redeeming a person for even more than his value is if his children will be brought up in apostasy, and hence it is even a Mehudar level of Pidyon Shvuyim.

 

Redeeming Jewish children from Muslim homes [Yad Leachim, Irgun Lahava]:

Another type of Pidyon Shvuyim which exists today in Israel is the redeeming of assimilated Jewish mothers and their Jewish children from the home of the abusive Muslim father. Unfortunately, there exists thousands of Jewish girls who have married Arabs in Israel created Muslim families and live in Arab communities. Many live a life of severe domestic abuse and suffering, and fear for their lives to even attempt to come back to their people. The above organization, amongst others, helps redeem these girls and their children who are Jewish, from their state of captivity, so they can be brought up as Jews.

 

Ruling of Poskim[32] regarding Desecrating Shabbos in order to help save a Jew from leaving Judaism:

*From here we can deduce that saving a Jew from apostasy is Halachcially viewed as Pikuach Nefesh, and hence the Mitzvah of Pidyon Shvuyim should apply.

One who discovered on Shabbos that gentiles have kidnapped his daughter from his home for the purposes of removing her from the Jewish people [and make her live like a gentile], it is a Mitzvah for him to travel and place effort to save her.

Transgressing Biblical prohibitions: He may travel even past the distance of 12 Mil[33] [which is the Biblical Techum Shabbos according to some Poskim[34]], and he may even perform complete Biblical prohibitions if, necessary, to save her.[35]

Doubt if will be successful:[36] This may be done even if it is only a doubt as to whether he will be successful in saving her.[37]

Child:[38] This may be done even if the daughter is a child and is not yet obligated in Mitzvos, one is nevertheless to desecrate Shabbos in order to save her.[39]

Forcing the father:[40] If the father does not desire to help save her, he is to be forced to do so.

Another person’s child:[41] This law applies even to another person’s child, another person’s son or daughter which is not one’s relative, nevertheless if he has ability to try to fulfill this Mitzvah and save the child, then he must do so and he is to be forced[42] into helping in any way he can. This applies even if it is a mere doubt in whether he will be successful, and even if he will have to transgress Biblical prohibitions in order to do so.

 

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[1] See Michaber Y.D. 252:1-3; Rambam Matanos Aniyim 8:10; Bava Basra 8b; Pesakim Uteshuvos 252:1

[2] Bava Basra 8b

[3] The intent of the above statement is not mere hyperbole, but carries practical ramifications, such as that it is permitted for one to even sell a Torah scroll for the sake of redeeming a captive, as will be explained. [See Michaber Y.D. 252:1]

[4] See Rambam ibid who first states that it is a Mitzvah Gedola, and then in the end states it’s a Mitzvah Raba

[5] Michaber Y.D. 252:1; Rambam Matanos Aniyim 8:10

[6] Meil Tzedaka 1058

[7] Mateh Moshe 2:4

[8] Menoras Hamaor Perek Hatzedaka end of Shaar 5

[9] Michaber Y.D. 252:2; Rambam Matanos Aniyim 8:10

[10] Devarim 15:7

[11] Devarim 15:7

[12] Vayikra 19:16

[13] Vayikra 25:53

[14] Devarim 15:8

[15] Vayikra 25:36

[16] Vayikra 19:18

[17] Mishlei 24:11

[18] Michaber Y.D. 252:3; Maharik Shoresh 7

[19] Bava Basra 8b

[20] Yirmiyah 15:2

[21] Tehillim 116:15

[22] Eicha 4:9

[23] See Maharsha ibid that a captive may be more prone to die a natural death due to a change in his conditions

[24] See Chasam Sofer Bava Basra 8a; Chidushei Chasam Sofer Shabbos 22a; Drashos 1:141; Toras Moshe Parshas Mikeitz; Parshas Beshalach that it is specifically observant Jews who have such suffering during captivity

[25] See Aruch Hashulchan 252:1

[26] See Shevet Halevi 4:124-3; 5:135:1; Pesakim Uteshuvos 252:1

[27] 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

[28] 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]

[29] See Shevet Halevi 4:124-3; 5:135:1; Vealeihu Lo Yibol 2:113 in name of Rav SZ”A; Pesakim Uteshuvos 252:1

[30] Pesakim Uteshuvos 252:1; See Michaber Y.D. 252:6; Rambam Matanos Aniyim 8:13; Mishneh Gittin 46b and Gemara 47a; Sheilas Yaavetz 1:68, brought in Pischeiy Teshuvah 252:7 “if for saving the body the male comes before the female then certainly for saving the soul.”

[31] Rashal in Yam Shel Shlomo Gittin 4:66; Radbaz 1:40; Pesakim Uteshuvos 252:1 footnote 8; See Maharam Milublin 15 who concludes that perhaps one may redeem a captive who may be converted to another religion if the captive once converted may become a source of anti-Semitism; See regarding redeeming the children after the father who caused himself to be captured passes away: Michaber Y.D. 252:6; Shach 252:6; Rambam Matanos Aniyim 8:13; Mishneh Gittin 46b and Gemara 47a; Sheilas Yaavetz 1:68, brought in Pischeiy Teshuvah 252:7

[32] Admur 396:29; Michaber 30614; Tosafus Shabbos 4a; Eiruvin 32:b; Gittin 41b; See also Admur 329:10; Rama 329:8

[33] Admur ibid; Michaber ibid; Tosafus ibid

[34] M”B 306:57

[35] Admur ibid; Darkei Moshe; Beis Yosef; M”B 306:57

[36] Admur ibid; Kuntrus Achron 306:1; Levush

[37] The reason: As this matter is treated like Pikuach Nefesh in which case one desecrates Shabbos even for a questionable saving of life. There is no greater Pikuach Nefesh than this in which case she will leave the Jewish people and desecrate Shabbos her entire life. [Admur ibid; M”A 306:29; Taz 306:5; M”B 306:57] It is better that we desecrate one Shabbos on her behalf than have her desecrate many Shabbasos, as it is due to this reason that we desecrate Shabbos for Pikuach Nefesh, as the Torah stated “desecrate one Shabbos in order so he guard many Shabbasos”. [Admur ibid; first opinion in Yuma 85b; See Admur 328:2 that rules like Shmuel]

[38] Admur ibid in parentheses; Elya Raba 306:33; M”B 306:57

Other opinions: Some Poskim leave this matter in question. [M”A 306:29, brought in M”B ibid]

[39] The reason: One may desecrate Shabbos to save her in order so she fulfill many Shabbasos when she is older. It is also for this reason that one may desecrate Shabbos for the Pikuach Nefesh of a Katan. [Admur ibid in parentheses] However Tzaruch Iyun, as in 328:2 Admur rules that we desecrate Shabbos because of the verse of Vechaiy Bahem. See Biur Halacha 329:4 “Ela” that it is because of Vechaiy Bahem that one may save a child.

[40] Admur ibid; Michaber ibid

[41] Admur ibid; Malbushei Yom Tov; Olas Shabbos 306 end; Elya Zuta 306:12; M”B 56

[42] Admur ibid; See however Shaar Hatziyon 306 footnote 44

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