Raising money to redeem a captive

Raising the money to redeem the captive:

Precedence over other charities to the poor:[1] Giving ransom money to redeem a captive takes precedence over giving charity to feed[2] and clothe paupers. [However, those Jews which are found in midst of a war or plague and as a result are found in such a state of poverty, that they will literally die from hunger, then they are to be viewed equal to a captive.[3]]

Re-directing collected funds for the sake of redeeming the captive:[4] Being that there is no greater Mitzvah than redeeming a captive, therefore, one may even use money that had already been collected for the sake of another Mitzvah, whatever it may be, and redirect its use in order to redeem the captive.

Selling a Shul or Beis Midrash for the sake of Pidyon Shvuyin:[5] One may use the funds that were donated, or even sell the building materials, such as wood and stone, that were purchased for the sake of building a synagogue [or Beis Midrash[6]], for the sake of redeeming a captive, even though in general it is forbidden for one to sell them for the sake of any other Mitzvah. However, one should not sell an already built synagogue [or Beis Midrash[7]] for the sake of redeeming a captive [if other ways of raising funds are available[8], or no other Shuls are available to Daven in[9]]. [However, if the building is yet to be complete, then some Poskim[10] rule that it may be sold.]

Selling a Torah scroll for the sake of Pidyon Shvuyin:[11] It is permitted for one to even sell a Torah scroll for the sake of redeeming a captive, [even though in general it is forbidden for one to sell a Torah scroll unless one needs the money to get married or study Torah[12]].

Selling one’s house:[13] One is not required to sell his house for the sake of redeeming a captive.

Paying back the redeemer:[14] An individual who was redeemed from captivity by his friend has an obligation to pay him back if he has the financial capability of doing so.[15] He is obligated to pay back his friend immediately even before going to court, and if he has a legal claim against his friend, then after he pays he should take his friend to court to make his claim, although may not delay paying his friend until after the court case.[16] [This applies even if the captive was an orphan, that we take money from his assets to repay the redeemer, even though in general we never take money from an orphan before he reaches adulthood.[17]]

If more money than needed was collected for a captive:[18] When collecting money for a specific captive any extra money collected belongs to the captive. However, in times of need, the community leaders may decide to use the money for other purposes.

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

One who vowed to give money to charity: Despite the above, one who pledged to give money to charity, may not donate the pledged money to redeem a captive unless he receives permission from the towns people. [Rama ibid; 256:4 Maharik Shoresh 7; Shach 352:2] However, the Bach 252, brought in Shach ibid, argues on this ruling of Rama. The Shach ibid elaborates in length on how the opinion of the Rama is correct.

[2] Literally “Lifarnes.” Evidently this refers to feeding them.

[3] See Shvus Yaakov 2:84; Beis Lechem Yehuda 252:1

[4] Michaber Y.D. 252:

[5] Michaber O.C. 153:13; Y.D. 252:1; Rambam Matanos Aniyim 8:11; Taz 153:1; M”B 153:79; Biur Halacha 152; See Pesakim Uteshuvos 252:2

[6] See Taz 252:2; Bach 252

[7] See Taz 252:2; Bach 252

[8] See Shach 252:1; M”A 153:33 in name of Shach and Taz ibid; M”B 153:80; Chayeh Adam 17:36; Aruch Hashulchan 153:2

[9] Taz 153:12; M”A 153:4

[10] Michaber O.C. 153:13; From the Rambam Matanos Aniyim 8:11 it is implied that if the Shul is still in the process of being built, then one may sell it for redeeming a captive; Taz 252:2; Taz 153:1; M”B 153:79; Biur Halacha 152; Pesakim Uteshuvos 252:2 footnote 10

Other opinions: See M”A 153:32; Aruch Hashulchan 252:5

[11] Rama 270:1; Shach 252:1; Taz 252:1; Beis Yosef 252; Tosafus Megillah 27a; M”B 153:24

Other opinions: Some Poskim rule that one may not sell a Torah scroll for the sake of redeeming a captive. [Derisha 252:2, brought and negated in Shach and Taz ibid]

[12] Megillah 27a

[13] See Taz 252:2

[14] Rama Y.D. 252:12; ; Hagahos Mordechai Bava Kama Remez 58; Kesubos Remez 274; Mahariy Viyal 148-149; Beis Yosef 252

[15] We do not say that this is similar to a case of one who chases a lion away from his friends proper by which one is not obligated to pay him for his services. [Rama ibid]

[16] The reason: As if prior to reimbursing him we permitted people to make claims in court against reimbursing the friend who redeemed him, then people would abstain from redeeming their friends from captivity.[Rama ibid]

[17] Shach 252:13; Mahariy Viyal 148; See Michaber C.M. 110:1

The reason: As if we delay paying back the redeemer until the orphans reach adulthood then people would abstain from redeeming orphans from captivity.[Shach ibid]

[18] Michaber Y.D. 253:6; Mishneh Shekalim 3a

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