The Halachic Perspective on a Hostage Deal

Question:

Hello, What is the rabbi’s opinion on the halachic perspective regarding a prisoner exchange deal? Until now, I have not heard a well-reasoned halachic ruling on the matter. I have only seen that the Haredi parties supported it unconditionally (presumably following their rabbis’ instructions), while Minister Smotrich opposed it but remained in the government. So it is unclear whether it is halachically permitted or prohibited. Additionally, regarding the widespread media coverage—have the hostages become “public property,” or do they have the right to privacy, meaning that information about them should no longer be publicized?

Answer:

Hello,

If only we truly knew the right answer.

Every argument presented—on both sides—has significant logic and reasoning behind it. I have yet to hear a single argument, for or against, that lacks validity or sense.

This is what makes the dilemma so profound.

Unfortunately, due to our sins, we were exiled from our land, and we lack a continuous halachic tradition regarding matters of state governance. As a result, no one can speak definitively on behalf of halacha in this case.

There are various halachic sources that can suggest general directions, but there is no unequivocal halachic ruling—nor even one that comes close to being definitive. For this reason, there is significant disagreement in the rabbinic world on this issue.

This is the nature of an evolving halacha—it will take time before we have fully established principles of state law.

Personally, I am inclined to draw insight from Aaron’s actions during the sin of the Golden Calf. He faced two terrible choices and ultimately chose to make the calf, believing that it was a mistake that could later be corrected—whereas the alternative, the killing of a priest and prophet in the House of God, would be irreversible.

Similarly, I believe that the murder of hostages cannot be undone.

Whereas the consequences of a prisoner exchange deal—though severe—can, in some way, be mitigated over time.

However, I have no absolute certainty that this is the correct approach.

As mentioned, there is sound reasoning on all sides of this debate.

Wishing all the best, and may we know no more sorrow.

Yuval Cherlow
Rabbi Cherlow is the Head of the Ethics Department at the Tzohar Rabbinical Organization

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