Mi Ka’Amcha Yisroel on a Pidyon Shvu’yim! Plus a Halachic Analysis

By Rabbi Yair Hoffman for 5tjt.com

One can only say, “Mi KaAmcha Yisroel.”   And, in fact, the judge in a recent case actually said something just like that.  The statement was made concerning an individual that had just spent close to 4 months in Riker’s Island, and due to our community’s efforts, was spared a difficult fate.  The judge remarked that in her entire career, she had never seen anything like this before.

The judge had never seen some 470 people rally in support of an individual to give him another chance at success.  The lawyer handling the case was Charles Miller, esq. This was, very likely, the judge’s first exposure to seeing, in action, the Mitzvah of Pidyon Shvuyim being performed.

Imagine, hundreds of people, from Rabbonim, to world-renowned Poskim, to high school boys, to high school girls, to people who are struggling financially, to successful health care industry businessmen – all giving of their time and money to ensure that the individual involved be released from his incarceration.  And that is what happened this week.  There are two former Yeshiva Darchei Torah students whose time and efforts in this case are truly, truly remarkable.

There are, of course, many statements in Chazal and the Poskim about this Mitzvah.  What follows is an overview of these statements and a discussion of some of the halachic issues involved in this Mitzvah.

1. The Shulchan Aruch (YD 252:1) writes, “There is no Mitzvah as great as Pidyon Shvuyim.”
2. He continues that it receives precedence to all other Tzedakos.
3. The Rambam lists no less than eight Mitzvos involved: The Rambam’s eight verses are:
   1. 1] Lo saametz es Levavcha – Do not tighten your heart(Dvarim 15:7)
   2. 2] veLo Sikpotz es yadcha – Nor shall you tighten your hand (Dvarim 15:7)
   3. 3] Lo saamod al dam rayacha – Do not stand idly by your brother’s blood (VaYikra 19:16)
   4. 4] Lo yirdeno beferech leainecha – Do not let him go down in excessive labor in front of your eyes (Vayikra 25:53)
   5. 5] Pasoach tiftach es yadcha lo – You shall surely open your hand for him (Dvarim 15:8)
   6. 6] Vechai achicha imach – And your brother shall live with you (Vayikra 25:36)
   7. 7] Veahavta lerayacha kamocha –love your friend as yourself (Vayikra 19:18)
   8. 8] Hatzel lakuchim lemavais – Save those taken toward their death (Mishlei 24:11)
4. The Me’il Tzedakah #1158 and Rabbeinu Bachya in his Kad HaKemach both write that this Mitzvah is equated with the creation of Heaven and earth, which is why Hashem started the ten commandments with, “I am Hashem who took you out of Egypt” and not, “who created Heaven and earth.”
5. The Mateh Moshe writes that whomsoever engages in this Mitzvah – that person and his or her descendants will be saved from being taken in captivity.
6. The Menoras HaMeor writes that in the merit of this Mitzvah, Klal Yisroel will be redeemed as seen from the pasuk in Yishayahu (35:10).

THE ARUCH HASHULCHAN

There is, of course, a question that many have posed.  Are the halachos of contemporary incarcerations the same as those discussed in Chazal?  There is a fascinating Aruch HaShulchan which deals with the contemporary application of this Mitzvah. Rav Yechiel Michel Epstein (1829-1908) zt”l in Yore Deah (252:1), [in the laws of Tzedaka qualifies the Mitzvah of Pidyon Shvuyim:]

“And all this was in earlier times, and even nowadays in far flung wildernesses such as Asia and Africa, where bandits fall upon travelers and take them into captivity to the point where it is necessary to redeem them with large sums of money, as is known from the caravans that travel in the western wilderness.”

It seems that the Aruch haShulchan is suggesting that the full blown Pidyon Shvuyim and all of its associated Halachos are essentially a thing of the past and no longer applicable in the Aruch HaShulchan’s time. The Aruch HaShulchan points out that it may not be equivalent as prison wardens do not have the power of life or death over their charges.   According to the Maharsha in Bava Basra 8b, however, it is not so clear-cut.  The Maharsha indicates that the prisoner’s own temperament may also cause depression and ideation of suicide chalilah.  This would apply in contemporary cases too.

RIKERS MAY BE DIFFERENT

But even according to the aforementioned Aruch HaShulchan, our local prison may be different.  Dr. Robert L. Cohen, M.D., is a physician who makes regular visits to Rikers. He is quoted by the Marshall project as saying, “I’ve visited jails and prisons all over the country, and Rikers Island has a deserved reputation of extreme violence.”  The Marshall Project itself reports that Rikers Island has been notorious for violence and neglect for decades. But detainees, corrections officers and officials tell us the New York City jail complex has plunged into a new state of emergency.

BUT WHAT IF THE PERSON DID SOMETHING WRONG, OR VERY WRONG?

This is a very good question which, in this author’s opinion, may require a Psak on each particular case.  Before we get to that, however, there is a fundamental halachic disagreement between the Poskim that cuts to the heart of the underlying issues. It is between the Radbaz (in his commentary on the Rambam Hilchos Matanos Aniyim 4:13) and the Yam Shel Shlomo (in his commentary on Gittin 4:72) whether the laws of Pidyon Shvuyim apply to someone who actually stole money under circumstances where there exists extraordinary punishment.

The Yam Shel Shlomo writes clearly that the halachos of Pidyon Shvuyim do not apply to someone guilty of actually stealing money – even if the person’s life is at stake. The Radbaz disagrees completely and writes that it certainly does apply. It is clear, however, that even the Yam Shel Shlomo would agree that, while it may not be considered Pidyon Shvuyim, there is still an Inyan to save him if possible.

A PSAK ON EACH CASE

This author would like to suggest that whenever one deals with pidyon shvuyim, there appears to be three major issues that need to be examined.

1. The first one is the issue of the person’s possible guilt or alleged guilt and whether the legal repercussions that are faced are excessive.
2. The second issue is that of the person’s own physical and mental safety and well-being.
3. The third issue is whether the person presents a danger to others and whether jail would be good for the person.

All of these issues may be factors in the decision as to the nature of how much Pidyon Shvuyim is involved.

GUILT

Let us start with the issue of guilt.  Rav Aharon Felder zt”l spent 14 years with Rav Moshe Feinstein zt”l.  In his Rishumei Aharon, he cites the following vignette of Rav Moshe Feinstein zt”l:

One time, a religious Jew entered the Beis Midrash to speak with Rav Moshe Feinstein zt”l.  He began to relate how his son is sitting in jail on account of dealing drugs.  He requested that Rav Moshe write a letter to the judge on behalf of his son to have mercy upon him.  Rav Moshe turned to him and said, “Your son makes people ill and damages them; Let him sit in jail.”  Even though the father pleaded and persisted, he refused to budge.  He added that his actions were against the laws of the state and he cannot do whatever he wants (Rishumei Aharon Vol. I p.22).

It may well be that Rav Moshe held l’halacha like the Yam Shel Shlomo – when there is no significant danger.  In light of this debate, when there is established guilt then we may talk about Safek Pidyon Shuyim which, unless there are other important factors or issues, we should treat no differently than unequivocal Pidyon Shvuyim.

SAFETY

Let us now move on to the issue of safety.  If the person is innocent, and does not present a danger to others, but issues of his or her own personal well-being and safety come into play  – then real Pidyon Shvuyim may come back into play even according to a strict reading of the aforementioned Aruch HaShulchan.

To examine the issues of safety, however, we need to look at the particular health and age of the person in question as well as the type of people in the particular prison under discussion.  For example, a few years ago, an elderly man with health issues was sentenced to prison.  There is no question that even though he was in Otisville – prison for him was a certain death sentence.  The medical care in the U.S. Federal Prison System is abysmal and he died shortly after he began to serve time.  It is clear that there was no lower level Pidyon Shvuyim Type B for this person.  Rather, that case fell into the Yam Shel Shlomo/Radbaz debate.

DANGER TO OTHERS

The next question involves whether or not the person involved presents a danger to others.  Dealing drugsm for example, can cause long-term damage to hundreds of kids and have untold repercussions.  This is a factor that would affect the nature of any Mitzvah involved.

CONCLUSION

In this case, it was apparent to those involved that there was clear Pidyon Shvuyim involved.   It is also clear that we live among extraordinary people who care deeply for others.  We have a beautifl community.  It is to the point that this past Monday, a judge declared it publicly in a courtroom.

The author may be reached at [email protected]