Freeing hostages and releasing terrorists

Redeeming captives in the Tenach
1 Abram's nephew lot was captured, he gathered 318 warriors to get them back. Gen 14 14-24
2 Canaanite king attacked they took a captive Rashi says it was one maidservant, they fought to get her back.
Numbers 21 1-3.
King David stormed Ziklag when the Amalakites took many captives including two of his wives.

Mishneh Torah, Gifts to the Poor 8:10
(10) The redemption of captives receives priority over sustaining the poor and providing them with clothing. [Indeed,] there is no greater mitzvah than the redemption of captives
For a captive is among those who are hungry, thirsty, and unclothed and he is in mortal danger (For at any time, his captors may take his life.)
If someone pays no attention to his redemption, he violates the negative commandments:
1) "Do not harden your heart or close your hand",
2)"Do not stand by when the blood of your neighbour is in danger" and
3)"He shall not oppress him with exhausting work in your presence".
And he has negated the observance of the positive commandments: 1) "You shall certainly open up your hand to him"
2) "And your brother shall live with you",
3)"Love your neighbour as yourself" ,
4)"Save those who are taken for death", and many other decrees of this nature.
There is no mitzvah as great as the redemption of captives.
Ibid 8.11
Even though they brought the stones [to the building site], cut the beams and shaped them to size, and prepared everything for building, it should all be sold, [but] only for the sake of redeeming captives.
Talmud Bavli 8a
Even sell a Sefer Torah to redeem captives

Mishnah Gittin 4:6
The captives are not redeemed for more than their actual monetary value, for the betterment of the world. Also not to assist the hostages to escape for the betterment of the world.

Talmud Bavli Gittin 45a:14
GEMARA: A dilemma was raised before the Sages: With regard to this expression: For the betterment of the world, is it due to
1) The financial pressure of the community? Is the concern that the increase in price will lead to the community assuming financial pressures it will not be able to manage? Or perhaps
2) Is it that paying exorbitant amounts will only encourage future kidnappings?, as they will see that it is not worthwhile for them to take Jews captive?

Rashi sees a difference between the two reasons - where the captive has wealthy family who are prepared to give a ransom with their own funds. There is no concern of financial pressure taking of captives, but there is a concern of the future taking of captives

Maimonides codifies this law Laws of Gifts to the Poor 8.12 (as below), and the Shulchan Aruch accepts this too.

We do not redeem captives for more than their worth for the benefit of the world at large, i.e., so that enemies will not pursue people to hold them captive. We do not assist captives in escaping, for the benefit of the world at large, i.e., so that enemies will not oppress captives seriously and be very strict when guarding them

Shulchan Arukh, Yoreh De'ah 252:4
for the safety of society; otherwise, the enemies would exert every effort to capture victims.

Can you ever go beyond the limit, the Talmud mentioned occasions when that happened
Gittin 45 A redeeming a daughter
תָּא שְׁמַע: דְּלֵוִי בַּר דַּרְגָּא פַּרְקַהּ לִבְרַתֵּיהּ בִּתְלֵיסַר אַלְפֵי דִּינְרֵי זָהָב.
Gittin 58 A redeeming torah Scholar
אָמַר: מוּבְטְחַנִי בּוֹ שֶׁמּוֹרֶה הוֹרָאָה בְּיִשְׂרָאֵל, הָעֲבוֹדָה! שֶׁאֵינִי זָז מִכָּאן עַד שֶׁאֶפְדֶּנּוּ בְּכׇל מָמוֹן שֶׁפּוֹסְקִין עָלָיו. אָמְרוּ: לֹא זָז מִשָּׁם עַד שֶׁפְּדָאוֹ בְּמָמוֹן הַרְבֵּה, וְלֹא הָיוּ יָמִים מוּעָטִין עַד שֶׁהוֹרָה הוֹרָאָה בְּיִשְׂרָאֵל. וּמַנּוּ? רַבִּי
יִשְׁמָעֵאל בֶּן אֱלִישָׁע.
Rabbi Yehoshua said: I am certain that, if given the opportunity, this child will issue halakhic rulings in Israel, as he is already exceedingly wise. He said: I take an oath by the Temple service that I will not move from here until I ransom him for whatever sum of money they set for him. They said that he did not move from there until he ransomed him for a great sum of money, and not even a few days had passed when this child then issued halakhic rulings in Israel. And who was this child? This was Rabbi Yishmael ben Elisha.

How could they do that pay over the market rate?
Tosafot Gittin 58a
1Threat to life
2 Sold to an idolator
2 Great Torah Scholar

Mahram M'Rotenberg captured 1286
Did not allow the community to pay a ransom, he died in prison of natural causes. he was concerned on the burden it would impose on the community. Maybe the non Jews were not aware of his importance. So paying a ransom would increase the likelihood of further hostage taking.
Yam Shel shlomo - Rabbi Shlomo Luria 16th century Poland
It was the custom to pay over the odds for the redeeming of hostages because there lives were in danger and the general situation of the Jews was bad. So they felt it would not make things any worse.
How much is paying too much?
Radvaz Rabbi David ben Zimra 16th Century: More than what ever the non Jews pay for their captives.
Most western countries forbid families from paying hostages. This makes the approximate value of a hostage - zero.

Releasing Rabbi Hutner 1970
Rav Hutner was asked by his son in law what was he thinking about during his terrible ordeal as a captivity
He responded that the was thinking about a Rashi in Yevamot 47
Talmud Bavli Yevamot 47
תָּנוּ רַבָּנַן: גֵּר שֶׁבָּא לְהִתְגַּיֵּיר בִּזְמַן הַזֶּה, אוֹמְרִים לוֹ: מָה רָאִיתָ שֶׁבָּאתָ לְהִתְגַּיֵּיר? אִי אַתָּה יוֹדֵעַ שֶׁיִּשְׂרָאֵל בִּזְמַן אוֹתוֹ מִיָּדהַזֶּה דְּווּיִים, דְּחוּפִים, סְחוּפִים וּמְטוֹרָפִין, וְיִסּוּרִין בָּאִין עֲלֵיהֶם? אִם אוֹמֵר: יוֹדֵעַ אֲנִי, וְאֵינִי כְּדַאי
— מְקַבְּלִין אוֹתוֹ מִיָּד
ואיני כדאי - ואיני ראוי להשתתף בצרתן ומי יתן ואזכה לכך
Rav Tzvi Schachter, "The boundaries of the state and its wars", Beikvei HaTzon, pp. 206-208
At the end of the Summer in 5730 [1970], Arab terrorists seized two planes filled with Jewish tourists returning from Israel to America, and took them to Jordan, and threatened to kill them all. And amongst the captives was the Gaon HaRav Yitzchak Hutner (of blessed memory), the head of the Yeshiva: Rabbeinu Chaim Berlin (in the United States). And so the rich students to collect several million dollars outside the United Statesto hand over this fortune to the Arab terrorists on condition that they release the Rabbi...And [according to] what Tosfot writes there (Starting with the words "We do not"), [in the case of] a captive who [possesses] great wisdom, it is permissible to redeem them for more than their worth.
And there were some Rabbis who thought that this law was applicable to HaRav Yitzchak Hutner as a great scholar, and that he should therefore be redeemed for more than his worth. But HaRav Yaacov Kaminetzky argued that this law was not applicable at all [in this case]. [This was because the laws regarding] the redemption of captives are only [applicable] at a time of peace, but at a time of war it is impossible to say that we are obligated to stop fighting on condition that we redeem the prisoners with money...
[Rather, one cannot redeem captives in this situation] because then we would be helping our enemies in the middle of the war, since this large monetary gift to our enemies would allow them to further strengthen their position in the war.

Entebbee political discussions
Prime minister Yitzhak Rabin and defence minister Shimon Peres spent one week disagreeing on whether to give in to the hijackers' demands (Rabin's position) or not, to prevent more terrorism (Peres' position).

In Support of such a Hostage Deal
The below opinions were Responsa regarding the "Operation Entebbe" in 1976
Rav Ovadya, Yabia Omer (Vol. 10, CM 6)
Under these circumstances, freeing terrorists for hostages is permitted since the danger to the hostages who face imminent execution is certain and immediate (ודאי סכנה), while the danger to others as a result of the release of terrorists is merely doubtful (ספק סכנה).

Rabbi Shaul Israeli, Havat Binyamin, Volume 1, Mark 16:
There is no restriction on the redemption of the captives, and although there is the fear of "Dela Ligarro and Leyati", there is no certain rejection of danger because of doubt of danger.
Rav Shaul Yisraeli, Chavat Binyamin, Section 16:9:
In every situation of a tangible danger no restriction was established for the redemption of captives, and even though we established a concern for "not encouraging [the captors] to kidnap", we do not ignore a certain danger because of an uncertain danger.

Rabbi Yuval Sharlo, Jewish Ethics (qa): Freeing prisoners
The morale effect on the army could be extremely significant. When a soldier knows that we will not do everything to free him - including a willingness to release murderers in exchange for his return - his motivation to fight will be damaged.

Against Hostage Deal
Rabbi Avraham Yitzchak HaLevi Kilav, Techumim 4 (1983)
Furthermore, it seems that nowadays, when terrorists declare their desire to kidnap and murder Jews and, in fact, act upon these declarations without any compassion for the victims whether me, women or children, that releasing terrorists is actual danger and is therefore forbidden. This is true even according to those who maintain that [the prohibition] is based on “the burden imposed on the community”, since the danger [here] is tangible and arises immediately upon their release. Added to this is the fact that they join the forces that battle us from their countries with long range weaponry and thus represent a threat even if they don’t actually penetrate our borders. It therefore seems that it is forbidden to release terrorists and murderers in exchange for captives, not just an exchange of many [terrorists for one [Jew], but even one for one, because of the future danger.
R' Kilav, "Releasing Terrorists," in Crossroads: Halacha and the Modern World, vol. 1 (Gush Etzion, Israel: Zomet Institute, 1987), 201-210
If the prohibition is based on the need to discourage future abductions, it will be prohibited to release terrorists, as experience has shown that this will surely encourage more abductions in the future.

• So we've Looked at the framework for the Redeeming of captives - suggesting a financial limit
• Maybe exceptions for talmud chacham, or for those whose lives are in danger.

What we have now is the consideration of releasing of terrorists or criminals.
Is it relavant they they would kill in the future?

• What we've seen are halachot applying to individuals the Jewish people in peace time. Do they apply to a Jewish state in a time of war?
• The Gemara discusses don't over pay for release of hostages - that's not the issues here. but the issue of not endangering the community is very relavant.

Rav Ovadia Yosef
Is there a difference between putting oneself in danger to save a life in immediate danger and putting others and putting others in possible danger, as in the case of releasing he terrorists to save a hostage. Do terror offences. as the demand for 1000 represent a 'doubt' or is it a certainty they will commit further atrocities?
The Targum Yonatan
translates ' Do not murder' as do not murder and don't be partner with those who murder.
What constitutes pikuach nefesh?
Rav Ovadyia quotes a Responsa from the Noda Beyuhda concerning autopsies. Usually the prohibition of 'nivul hamet' applies you are not allowed to disfigure a body. However where's there's a patient with a life threatening illness, it's permitted where the autopsy would provide information to prevent a current patient from dying. It's not allowed if there's only a theoretical possibility to saving a future lives . He gives the same reason that you can't break Shabbat for future medical research training.
Some authorities would agree immediate P N to the hostages - perhaps
even overpaying with other hostages.

• Rabbi Eliashaev says that, they are motivated to kill us any way so nothing we do will lessen their demands. On that basis we try to release as many of the hostages as we can.
• Maybe the scenario of overpaying applies only to money not prisoners. So this halachic debate not relavent to us.

• Rav Shaul Yisraeli and Rav Goren say there's an unwritten contract - that captured soldiers must be released. That no soldier will be left behind. it will help morale and the army to fight.
• Perhaps there's a difference when you deal with a sovereign state as opposed to an individual
• Perhaps a time of war is different

Releasing murderers who may kill other people
who says your blood is redder than those others?