Did Itamar Ben Gvir Violate Torah in Opposing Hostage Deal? A Halachic Perspective

Recent remarks by Israeli National Security Minister Itamar Ben Gvir, in which he admitted to having repeatedly thwarted hostage deals with Hamas, have sparked widespread controversy. As the debate continues in political and public spheres, it raises profound halachic questions about the obligations of a Jewish leader and the Torah’s stance on matters of life and death. 

Pikuach Nefesh

One of the most fundamental principles in Torah law is pikuach nefesh — the imperative to save lives. The Talmud teaches that saving a single life is akin to saving an entire world (Sanhedrin 37a). This principle overrides nearly all other mitzvot, including Shabbas observance.

If Ben Gvir’s actions to block previous hostage deals directly led to delays in rescuing individuals whose lives were at risk, he may have transgressed this sacred mitzvah. 

Pidyon Shvuyim

The mitzvah of pidyon shvuyim (redeeming captives) is considered one of the greatest acts of chesed (kindness) in Jewish law. The Rambam writes, “There is no mitzvah as great as redeeming captives,” as it involves saving lives, alleviating suffering, and fulfilling the obligation to stand by our brothers and sisters in distress (Hilchot Matnot Aniyim 8:10).

Ben Gvir’s opposition to hostage deals raises questions about whether he acted in accordance with this principle. If his actions prevented the release of captives, he may have failed to fulfill this obligation. 

However, the complexities of national security and long-term risks to the broader community also weigh heavily in halachic considerations.  If his actions could save lives in the future, perhaps it is permissible. We must then consider Ben Gvir’s qualifications. Many other military experts came out in support of a deal much earlier, and Ben Gvir’s expertise in military matters are highly questionable. Can he be considered expert enough to hold up a deal on his own? 

Balancing Immediate and Long-Term Risks

Ben Gvir’s stated rationale for opposing the deals centers on the argument that releasing hundreds of Palestinian prisoners could strengthen Hamas and endanger border communities. The Torah emphasizes the importance of protecting the Jewish people collectively. Yet, halacha generally prioritizes immediate and certain dangers over speculative future risks.

The opposing opinion, which is likely correct, is that Hamas have a proven track-record of sheer evil, and it is anything but speculative that releasing known murderers and terrorists will result in future tragedies. Let’s not forget that Sinwar himself, who masterminded this horrific affair was released in the exchange for Gilad Shalit.

The principle of ein potchin petach l’osei ra’ah (not opening a door to evildoers) supports the idea of avoiding actions that could empower enemies. However, this principle must be balanced with the immediate imperative of saving hostages. The Torah’s compassion for individuals cannot be disregarded in favor of broader political calculations alone. But then again, these are not just political calculations – they are steps to safeguard future life – significant numbers of them.

In these tumultuous times, we must pray for wisdom, unity, and the safe return of all hostages. May our leaders be guided by the Torah’s eternal values and act with the compassion and courage required to protect Am Yisrael.