Gilad Shalit: Halacha Meets the Messy World A CURRENT EVENTS UNIT -Gary Levine November, 2009 TEACHERS’ GUIDE: Grade Levels: 7 – 12 * The Goal of this lesson/unit is to give students an opportunity to consider and discuss the various halachic perspectives being presented regarding the possibility of ransoming kidnapped Israeli soldier Gilad Shalit. * *There is an extensive amount of material collected here. Each teacher must decide how much of this material s/he might wish to utilize. Based on the grade level, the class level and the specific curricular goals the teacher may wish to reach, there is ample opportunity to add, omit or alter this material to suit the best interests of the class. The teacher might also wish to consider that extensive use of the material could service a unit of several lessons; more limited selection might be appropriate for a single lesson. Overview: THE QUESTION: Gilad Shalit is a solider who was kidnapped by Palestinian Militants in June of 2006. The militants holding him have demanded the release of 1300 Palestinian militants held in Israeli jails, many of them convicted of murder and violent acts of terrorism. Should Israel release hundreds of convicted terrorists to ransom one kidnapped soldier? • In considering the issue of the kidnap and ransom of Gilad Shalit from a halachic perspective, we find two primary approaches: o Although the Rabbis identify the redemption of captives as among the highest priorities of all mitzvot, the mishna, later codified by Rambam and others, declares that a captive cannot be redeemed for more than s/he is worth. o A number of reasons are offered as to why the case of Gilad Shalit should not be included in the category of captives who may not be ransomed for more than their value. • The material in this package presents these two approaches and explains the reasoning behind them. The teacher is asked to select material to present on this issue and to facilitate discussion and/or other methods of presentation or evaluation which call upon students to apply their knowledge, values and communication skills to the consideration of this issue. 1 Process • The teacher should acquaint him/herself thoroughly with the background information provided, as well as materials for students in the package. • As noted above, based on the grade level, class level, etc. of the student, the teacher should select from the student materials and prepare packages of materials for the students. • After presenting the various points of view expressed in the halacha, the teacher should facilitate the class discussion. This is a lesson which calls for student evaluation and application, and the teacher must facilitate and, to some extent, guide the flow of the discussion, but should neither dominate the discussion nor unduly influence its outcome. • The teacher should determine what follow-up classwork, homework or additional research might be done by the students to further investigate this issue. CONTENTS: 1. BACKGROUND FOR TEACHERS • Gilad Shalit – Wikipedia 4 - 13 • Redeeming Captives – Rabbi Dovid Golinkin 14 – 17 2. STUDENT MATERIALS • Photo of Gilad Shalit 18 • Timeline of Gilad Shalit 19 - 20 • Classic Sources o Mishna : a captive may not be redeemed for more than his value 21 o RAMBAM: codification of the law of the Mishna 21 o Braita: an example in Mishnaic times of a captive redeemed for more than his value 21 o Tosafot: a captive CAN be redeemed for more than his value under certain conditions 22 • Modern Documents o Rabbi David Silverberg: the law and exceptions 22 - 23 o Rabbi Weiman-Kelman: Rabbi Goren v. Rabbi HaLevi 23 o Isria Press: Summary of Editorials 24 - 25 o YNet: Rabbis Oppose Negotiation for Shalit Hebrew 25 English 26 o YNet: Progress on Shalit Can Help Relationships with Palestinians: An interesting approach as to why Shalit should be an exception to the law of the Mishna 26 2 o Should Rabbis Decide on Politics Does halacha have a place in the modern democratic state? 27 - 28 o Can A Doctor Drive Home After Treating a Patient on Shabbat? Hebrew 29 English 30 Although this question does not seem to be directly related to our question of ransoming Gilad Shalit, some have used this issue as a precedent to note that most halachists would allow the violation, even of a Torah law, for the sake of encouraging saving lives in the future. Some have suggested that it would be demoralizing for the soldiers of the IDF to feel that, should they be kidnapped or captured, their government would not be willing to ransom them from their captives. A final note: I would ask that teachers utilizing any of this material take a few moments to let me know how the lesson(s) went and perhaps to offer some suggestions as how to how lessons like this might be improved in future. Thank you. Gary Levine [email protected] 3 Gilad Shalit From Wikipedia, the free encyclopedia Gilad Shalit Born 28 August 1986 (age 23) Place of birth Nahariya, Israel Allegiance Israel Rank Staff Sergeant[1] Unit Armor Corps Battles/wars Operation Summer Rains , born 28 August 1986) is an Israeli soldier who wasשליט גלעד :Gilad Shalit (Hebrew abducted[2] on 25 June 2006 by Palestinian terrorists in a cross-border raid. He was abducted[3] through the Kerem Shalom crossing (in Israel), and has been held as a hostage in the Gaza Strip by Hamas since. Shalit, 19 years old and with the rank of corporal in the IDF's Armor Corps at the time of his capture, has since been promoted to staff sergeant.[1] He was the first Israeli soldier captured[4][5] by Palestinian militants since Nachshon Wachsman in 1994.[6] Shalit holds French citizenship, a fact that encouraged France and the European Union to be involved to some extent in efforts to release him.[7] He also received Italian citizenship after his abduction.[8][9][10][11][12][13] Hamas has refused requests from the International Committee of the Red Cross to allow the ICRC to visit Shalit. Several human rights organizations have stated that the terms and conditions of Shalit's detention are contrary to international humanitarian law. In exchange for his release, Hamas is demanding the release of 1,000 Palestinian prisoners held in Israel, many convicted by Israeli courts on terrorism charges.[14][15][16][17][18][19][20][21] The United Nations Fact Finding Mission on the Gaza Conflict, which released a report in September 2009, called for Shalit to be released.[22] Contents [hide] 1 Personal life 2 Capture 3 Rescue attempt 4 Diplomatic efforts 5 Israeli society perceptions and activities related to Gilad Shalit 6 Developments and notable events in 2008-09 7 International law 8 Honorary citizenships 8.1 Paris 8.2 Rome 8.3 Miami 8.4 New Orleans 9 See also 10 References 11 External links 4 Personal life Shalit was born on 28 August 1986 in Nahariya, Israel, and raised from the age of two in Mitzpe Hila in the Western Galilee. He graduated with distinction from Manor Kabri High School. Shalit began military service in the Israel Defense Forces in July 2005, and "despite a low medical profile, he preferred to serve in a combat unit, following his elder brother Yoel into the armored corps."[23] He holds dual Israeli and French citizenship (his father Noam Shalit's family originated in France).[24] Capture Early on Sunday morning, 25 June 2006, Shalit was captured by Palestinian militants who ambushed an Israeli army post on the Israeli side of the southern Gaza Strip border after crossing through an underground tunnel near the Kerem Shalom border. During the attack, two Palestinian militants[25] and two IDF soldiers were killed and three others wounded, aside from Shalit, who reportedly suffered a broken left hand and a light shoulder wound after his tank was hit with a rocket-propelled grenade (RPG).[26] Shalit's captors issued a statement on Monday, 26 June 2006, offering information on Shalit if Israel agreed to release all female Palestinian prisoners and all Palestinian prisoners under the age of 18.[27] The statement came from the Izz ad-Din al-Qassam Brigades, the Popular Resistance Committees (which includes members of Fatah, Islamic Jihad, and Hamas), and a previously unknown group calling itself the Army of Islam. On 14 June 2007 Israel Army Radio published a report that said that the army had received a specific warning on 24 June 2006, the day before Shalit was captured, about a planned abduction. According to the report, Israeli security forces entered the Gaza Strip on 24 June 2006 and captured two brothers described as Hamas members. The report said that the brothers were transferred to Israel for interrogation, and that the information extracted formed the basis for the specific warning that militants would try to enter Israel through tunnels to capture soldiers stationed near Gaza.[28][29] Shalit became the first Israeli soldier captured[5] by Palestinian forces since Nachshon Wachsman in 1994.[30] His abduction[31] and the following cross-border raid by Hezbollah, resulting in the abductions of Ehud Goldwasser and Eldad Regev into Lebanon, occurred prior to the conflicts in Gaza and Lebanon during summer 2006. Hamas high-ranking commander Abu Jibril Shimali, whom Israel considers responsible for coordinating the capture, was killed during the violent clashes between Hamas and the al-Qaida-affiliated Jund Ansar Allah organization in Gaza in August 2009.[32] Rescue attempt Main article: 2006 Israel-Gaza conflict 5 Israeli forces entered Khan Yunis on 28 June 2006 to search for Shalit. According to David Siegel, a spokesman at the Israeli embassy in Washington, D.C., “Israel did everything it could in exhausting all diplomatic options and gave Mahmoud Abbas the opportunity to return the captured Israeli… This operation can be terminated immediately, conditioned on the release of Gilad Shalit.”[33] On the same day, four Israeli Air Force aircraft flew over Syrian President Bashar Assad's palace in Latakia, as an IDF spokesperson said that Israel views the Syrian leadership as a sponsor of Hamas.[34] The operation did not succeed in finding Shalit.