Shabbat Ne edarei Tzahal - Amazon Web Servicesou.org.s3.amazonaws.com/pdf/5765/shabbat needari tzahal2004.pdf · in action since 1982 and are still unaccounted for. Guy Chever has

T h e U n i o n o f O r t h o d o x J e w i s h C o n g r e g a t i o n s o f A m e r i c a 1 1 B r o a d w a y N e w Y o r k , N Y 1 0 0 0 4

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Shabbat Ne’edarei Tzahal

Sabbath of Remembrance for the Israeli MIAs

A Compilation of Materials for Prayer and Activism

2004-5765

Prepared by the Institute for Public Affairs of the

Orthodox Union 11 Broadway * New York, New York 10004

(212) 613-8124 * Fax (212) 613-0724



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Kislev 5764 November 2004

Dear Rabbi and Synagogue Leader, Parashat VaYeishev relates the story of Mechirat Yosef, the casting out of one Jewish brother, a tragic episode in Jewish history. This parasha achingly describes the heartbreak of Jacob our father who remained inconsolable for his loss. Jacob was torn by doubts and questions concerning his beloved son Joseph’s fate (see Rashi, Bereishit 37, 35). We are also torn apart by the question of whether our Jewish sons, our lost soldiers who are missing in action, are still alive. We are terrified as we consider what conditions they might be living under. To the families, each day is a lifetime. To Klal Yisrael, the loss of even one brother makes us incomplete as Jacob’s family. With the whereabouts of our Jewish sons unknown, we are indeed inconsolable. We will soon be celebrating Chanukah. Israeli soldiers are missing in the service of the defense of Israel, contemporary heroes who can certainly be compared to the heroes of Chanukah of long ago. It is unconscionable that these sons are still missing and information about their condition, whereabouts, or captors is still not being provided. Ron Arad has been a prisoner of war since 1986, believed held by the Iranians somewhere in Lebanon. Zachary Baumel, Yehuda Katz and Tzvi Feldman have been missing in action somewhere in Syria since 1982. There have been recent reports that these soldiers may still be alive. Guy Chever, an Israeli soldier who disappeared in the Golan Heights, has been missing since 1997. We ask our members to observe Shabbat Ne’edarei Tzahal for Shabbat Parashat VaYeishev until the soldiers are released. The attached information and sources have been prepared to help you formulate a program for this special Shabbat. We hope that you will join with our member synagogues across the country in observing Shabbat Ne’edarei Tzahal. In this merit may HaKadosh Baruch Hu return them to us in good health soon. Mark Bane Betty Ehrenberg Chairman Director, International and Communal Affairs



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TABLE OF CONTENTS WHERE ARE OUR ISRAELI SOLDIERS? ..........................................................................................3 BACKGROUND.....................................................................................................................................4 TALKING POINTS................................................................................................................................5 ACTION RECOMMENDATIONS .......................................................................................................7 CONGRESSIONAL RECORD ............................................................................................................11 SPECIAL PRAYERS............................................................................................................................12 PIDYON SHEVUYIM: A Compendium of Sources for Shiurim and Drashot EXCHANGING TERRORISTS FOR HOSTAGES.............................................................................14 A Halachic Perspective- Prepared by Rabbi Jacob J. Schacter CROSSROADS – Halacha And The Modern World ...........................................................................17 Redemption of Captives at More Than Their Value Releasing Terrorists in Return for Hostages

THE ESSENCE OF PIDYON SHEVUYIM ........................................................................................21

A. Talmud, Tractate Baba Kamma, 117b B. Talmud, Tractate Baba Batra, 8a-8b C. Comments of Tosafot on 8b D. Maimonides, Mishnah Torah, “Slaves” 2:7

THE IMPORTANCE OF THIS MITZVAH.........................................................................................23

A. Talmud, Tractate Baba Batra, 3b B. Maimonides, Mishnah Torah, “Gifts to the Poor” 8:10-11 C. Yosef Karo, Shulchan Aruch, Yoreh De’ah 252



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November 2004

WHERE ARE OUR ISRAELI SOLDIERS?

On June 11, 1982, a battle raged in the Bekaa Valley in northern Lebanon between an Israeli tank unit and a Syrian armored unit. At the end of this battle, three Israeli soldiers – First Sergeant Tzvi Feldman, Sergeant Zachary Baumel, and Corporal Yehuda Katz – were reported missing in action and are still unaccounted for.

On October 16, 1986, Ron Arad, a navigator of an Israel Air Force Phantom, parachuted to safety from his stricken aircraft. He landed in the area of Sayda in southern Lebanon and was immediately captured by members of the Amal militia. He was transferred to Beirut and held by an extreme Shiite organization. To the best of our knowledge Arad is still being held somewhere in Lebanon by an Iranian-backed group. Guy Chever, a soldier in the Israeli army, disappeared in the Golan Heights on August 17, 1997. He was last seen at his base and there has been no sign of him since. Ever since these events took place, the government of Israel and the families of these missing soldiers have spared no effort in doing their utmost to obtain any information possible as to the fate of these missing soldiers. Because most of the areas in which these soldiers disappeared were continually controlled by Syria, queries about their fate must be focused at the Syrian government. At Israel’s request, the Syrian authorities have been approached time and time again for information about the fate of these missing soldiers. World leaders and representatives of international bodies have called on Syria’s President Assad concerning this matter. To date, President Assad has not revealed their whereabouts.

And so, from the depths of our hearts, the parents and members of the families of the missing young soldiers entreat you in the name of humanity please –

Return Our Sons!



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November 2004

A C T I O N A L E R T

Israeli MIAs and POWs Background

Israel Air Force Navigator Ron Arad

On October 16, 1986, Ron Arad, a navigator of an Israel Air Force Phantom, parachuted to safety from his stricken aircraft. He landed in the area of Sayda in southern Lebanon and was immediately captured by members of the Amal militia. He was transferred to Beirut and held by an extreme Shiite organization. To the best of our knowledge Arad is still being held by the Iranians somewhere in Lebanon.

Israeli MIAs in Syria Israeli soldiers Yehuda Katz, Zachary Baumel, and Tzvi Feldman have been missing since June 1982 when their armored tank unit encountered a Syrian armored unit in the Bekaa Valley in northeastern Lebanon. Recent eyewitness reports indicate that these soldiers may be alive and are being held as hostages. Syria controls the area where the soldiers are reportedly being held and, therefore, has influence in deciding the fate of these prisoners. The Government of Israel, in conjunction with international bodies and friendly parties throughout the world, has expended vast energies in order to obtain information on the fate of these missing soldiers, to no avail.

Guy Chever On August 17, 1997, Guy Chever, a soldier in the IDF, was last seen at his army base in the southern Golan Heights. He was dressed in army fatigues, carrying his weapon, key chain, and international military identification papers. The area was searched thoroughly but no trace of him was found. Five years later, there is still no clue as to his fate or whereabouts.



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November 2004

T A L K I N G P O I N T S

Israeli MIAs in Syria/Lebanon • Several Israeli soldiers, including Ron Arad, Yehuda Katz, Zachary Baumel, and Tzvi Feldman, are missing

in action since 1982 and are still unaccounted for. Guy Chever has been missing from his base in the Golan since 1997. Syria and Iran still refuse to release these soldiers, causing their families a tremendous amount of anxiety and pain.

• According to the Geneva Convention of 1949 (part II, Article 12), to which Syria is a party, prisoners of war

are the responsibility of the government of the country in which they are last seen. The fact that they may have been in the hands of a Palestinian or other group in no way lessens Syrian legal and moral responsibility for the welfare of these soldiers. This includes granting the basic rights of all the MIAs to be seen by a Red Cross representative and to communicate with their families.

• Previous Syrian governments have held Israeli prisoners concealed for up to 12 years and then offered them for exchange. While kidnapping should not be rewarded, Israel has in fact negotiated exchanges of prisoners and is prepared to continue to do so upon receiving the necessary information about the conditions of its own soldiers.

• For years, Israel has expressed its desire for a total swap of Lebanese prisoners in exchange for all Israeli

soldiers who were captured or are missing in Lebanon. In the 1970s, Israel helped in securing the release of the Western hostages, yet Israel is still fighting for the release of these men

• The central role of both the governments of Syria and Iran in past the release of Western and other hostages

emphasizes the fact that the organizations involved in the kidnappings act under Syrian and Iranian influence. Pressure must be exerted on Syria, Lebanon, and Iran to bring about the safe release of all hostages.

• Both Syria and Iran are under close international scrutiny at present for their support of terrorism and other

violations. Therefore, now is the time for securing the desperately requested information on Israeli MIAs and POWs, making sure this issue is high on the agenda in U.S. talks with Arab nations.

• The PLO has information about these MIAs, as evidenced by the fact that Yassir Arafat gave one-half of

Zachary Baumel’s ID tag to the late Yitzchak Rabin. The PLO must also be pressured to deliver the remaining information concerning the captors of the MIAs, as they promised.

• U.S. law (S.676 and H.R. 1175 of 1999) mandates that the issue of the MIAs be raised by the U.S.

Secretary of State in all talks with the relevant Arab parties and report to the Congress on the talks and actions taken. Please mention this when writing to your elected officials about the Israeli MIAs.



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November 2004

T A L K I N G P O I N T S

Israeli MIA Captain Ron Arad

• Ron Arad, an Israeli Air Force navigator, has been held as a prisoner of war in Lebanon since October 1986. Until now, information regarding his condition and whereabouts has been withheld and he has not been allowed visits by his family, the International Red Cross, or any other international body.

• Captain Arad was captured by the Lebanese Shiite organization Amal on October 16, 1986 after his F-4

Phantom went down over Lebanon. Both Arad and the pilot parachuted safely to the ground. The pilot was rescued successfully while Ron was captured, and he was transferred to different groups and locations several times. His family last received information indicating that he was alive in 1987. Afterward, Arad was transferred to Iranian-backed forces in Lebanon by Amal official Mustafa Dirani. He is still believed to be held by an Iranian-backed group.

• During the process leading to the liberation of the Western hostages in the 1970s, Israel showed its good

will by providing assistance to facilitate their release, as well as by releasing 91 Lebanese internees. Despite this, Israel has received no information about its MIAs, including Ron Arad.

• Iran must be pressured by the world community to release Ron Arad just as they returned the other

Western hostages.

• Captain Arad last saw his daughter Yuval when she was a baby. His brothers, Chen and David, and the rest of his family are still subjected to the anguish of being denied knowledge of his condition or whereabouts.



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SPECIAL ACTION ALERT

Shabbat Ne’edarei Tzahal – Shabbat Parashat Vayeishev 5765

Where are our Israeli soldiers? Israel soldiers Yehuda Katz, Zachary Baumel, and Tzvi Feldman have been missing since 1982, captured in Syria during the Lebanon war. They are being held in territories controlled by Syria, which has not complied with requests from international organizations and governments and is withholding information on the whereabouts and status of these soldiers. Israeli Air Force navigator Ron Arad is still being held by an Iranian-backed group somewhere in Lebanon, missing since 1986. Guy Chever, an IDF soldier, was last seen in his base in the Golan Heights on August 17, 1997, and disappeared without a trace. To date, he is still missing, and no information about him has been obtained. On this occasion of Shabbat Parashat Vayeishev of 5765, the Institute for Public Affairs of the Orthodox Union, is urging all our members to remember these missing soldiers at this important time. In 1999, legislation was passed in the House and Senate to help keep the issue of the Israeli MIAs on the front burner and to ensure that the United States government will help do all it can to secure information and the release of these missing soldiers. S. 676 in the Senate and H.R. 1175 in the House were passed in 1999. These laws mandate that the United States State Department must raise the plight of these missing soldiers in all discussions with relevant Middle East parties and report their findings to Congress. These laws must be implemented and enforced. Congress and the U.S. State Department must demonstrate that they understand the urgency of this human rights issue that has been allowed to languish for twenty two years. It is unacceptable that Zachary Baumel, an American citizen, along with Yehuda Katz and Tzvi Feldman, have been missing in action since 1982 and that Syria has refused, time and again, to divulge any information as to their whereabouts or condition. It is deplorable Guy Chever is missing since 1997 and no information has been forthcoming about him. H.R. 1175 and S. 676 were signed into law in 1999 in order to bring an important element of strength and trust to the building of peace in the Middle East. The release of these MIAs is indispensable to the building of a genuine and lasting peace in the Middle East. It is of the utmost importance that S. 676 and H.R. 1175 of 1999 be implemented and enforced. Twenty-two years after the capture of these soldiers, we ask you to write your legislators in Washington, urging them to implement S. 676 and H.R. 1175 of 1999. Every avenue must be pursued on behalf of these missing soldiers. We call on the President and the Secretary of State to identify all efforts to secure the freedom of the Israeli MIAs. For the sake of decency and respect for human life, for the sake of humanity and compassion, let these men come home at last. Letters should be written to the elected officials below urging them to do all they can to locate and secure the return of these soldiers: The President of the United States The White House 1600 Pennsylvania Ave. N.W. Washington, D.C. 20500

The Secretary. of State Department of State 2201 C Street, N.W. Washington, D.C. 20520

Honorable (Senator) US Senate Washington, D.C. 20510

Honorable (Representative) US House of Representatives Washington, D.C. 20515



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November 2004

URGENT ACTION NECESSARY – SAMPLE LETTER

It is crucial that you join us on a full-scale advocacy effort to help bring about an end to the inhumanity of captivity and to call for the release of all Israeli MIAs and POWs. It is important to write your Senators, Members of Congress, the President and the Secretary of State urging that this issue continue to be high on the agenda in all talks with the relevant Middle East parties. The following is a sample letter that you may choose to use or adapt in your correspondence to the President, Secretary of State, and your Representative. Send your letter to: President of the United States The White House 1600 Pennsylvania Ave. N.W. Washington, D.C. 20500

Secretary of State Department of State 2201 C Street, N.W. Washington, D.C. 20520

Honorable (Senator) US Senate Washington, D.C. 20510

Honorable (Representative) US House of Representatives Washington, D.C. 20515

Dear : While efforts are underway to bring calm to the Middle East and to try to resolve many of the issues of hostility between Israel and her neighbors, another crucial issue warrants your immediate attention. This is the humanitarian issue of the missing Israeli soldiers. Israeli soldiers Yehuda Katz, Zachary Baumel, and Tzvi Feldman have been missing since 1982. They are being held in territories controlled by Syria. Syria has not complied with the Red Cross regarding giving information on the status of the soldiers. Reports indicate that Israeli Air Force Navigator Ron Arad is still being held by an Iranian-backed group somewhere in Lebanon. Ron Arad has been missing since 1986, when he parachuted from his stricken aircraft and landed in southern Lebanon. Guy Chever, an IDF soldier, was last seen at his base in the Golan Heights on August 17, 1997. Dressed in his uniform and carrying his military identification papers, he disappeared without a trace and is still missing to date. The agony of the families of these missing Israeli soldiers is extreme. They have not heard a word regarding the fate of their sons, husbands, and fathers, who are being held captive for political ransom. We urge you to do all within your means to resolve this human rights issue as mandated by U.S. law, S. 676 of 1999. The terrible plight of those held captive is a matter of urgency. Please find a way to respond to this appeal. Sincerely,



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The Empty Chair On the special Shabbat that we designate as Shabbat Ne'edarei Tzahal we remember our lost Israeli soldiers who are missing in action. An empty chair should be reserved on the bimah of the synagogue and on the dais at our gala events as we celebrate Jewish life and freedom in order to remember that our Israeli brothers are still being held captive and that their families are in great pain.

Pidyon Shevuyim Every synagogue is requested to conduct a shiur on the subject of Pidyon Shevuyim, which can be either done during Friday night Oneg Shabbat or before Mincha on Shabbat afternoon. Youth leaders should do the same for their youth groups that meet on Shabbat. Materials are attached. On Motzei Shabbat, before youth group or synagogue social activities, every member should be encouraged to join the letter-writing campaign to their elected officials (see attached sample). Every letter to an elected official counts and will keep this important issue in the forefront. It is our responsibility to make sure that this is high on the Washington agenda. Letters to local elected officials are also very significant as a way to let them know what is important to their grass-roots constituents.

Petition

Please duplicate and have your members, students, or NCSYers sign the petition (on the following page) to the President to make sure that he gives this issue his fullest attention. You may send them out directly or return them to us so that we can send a great amount of petitions to Washington as an expression of the Orthodox Union's widespread concern.



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(Date) ______________________________ (Synagogue or NCSY Chapter Name ______________________________ and Address) ______________________________ ______________________________ Dear Mr. President: We the undersigned urge you to give your fullest urgent attention to the plight of Israeli soldiers missing in action in Lebanon. Since 1982, Zachary Baumel, an American citizen, Tzvi Feldman and Yehuda Katz have been missing in action. Syria, responsible for these men in accordance with the Geneva Convention, refuses to divulge any information regarding their condition or whereabouts. Since 1986, Captain Ron Arad has been held captive in Lebanon and his family has no word of his fate. Guy Chever has been missing from his base in the Golan since 1997. Not all the hostages have come home! If peace is to be attained in the Middle East, the Israeli MIAs must be returned home. Please do all you can to resolve the painful question of these MIAs. Sincerely, ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________



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He who blessed our ancestors,

Abraham, Isaac and Jacob, Joseph, Moses, Aaron, David and Solomon, may He bless, preserve and protect the captive and missing soldiers of

the Israel Defense Forces including:

Yekutiel Yehuda Nachman ben Sara (Katz); Zecharia Shlomo ben Miriam (Baumel);

Zvi ben Penina (Feldman); Ron ben Batya (Arad);

Guy ben Rena (Chever);

May He rescue them from captivity and speedily restore them in peace, in the merit of the prayers of this

holy assemblage who pray for them.

May the Holy One, Blessed Be He, show them mercy, increase their

strength, remove their pan and send them a recovery of body and spirit,

may He return them to the bosom of their families [on the Sabbath; The

Sabbath prohibits us from crying out, may salvation come speedily,] swiftly

and soon. Now let us respond: Amen.

מי שבר אבותינו אברה יצחק ויעקב יוס משה ואהרו דוד ושלמה

הוא יברך וישמור וינצור את נעדרי צבא ההגנה לישראל ושבוייו

:ובתוכם

)כ(יקותיאל יהודה נחמ ב שרה )באומל(זכריה שלמה ב מרי

)פלדמ(צבי ב פנינה )ארד(רו ב בתיה )חבר(גיא ב רינה

יחזירם בשלום בקרוביפדם משבים ו בעבור שכל הקהל הקדוש הזה מתפללים

בעבורם

ה ימלא עליהם רחמים"בשכר זה הקב ירבה כוחם ויבטל צערם וישלח להם

רפואת הנפש ורפואת הגוף ויחיזירם לחיק משפחותם

שבת היא מלזעוק וישועה : לשבת( )קרובה לבוא

. השתא בעגלא ובזמ קריב ונאמר אמ

A service of the Orthodox Union



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Pidyon Shevuyim

A Compendium of Sources

for

Shiurim and Drashot



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EXCHANGING TERRORISTS FOR HOSTAGES: A HALACHIC PERSPECTIVE

Prepared by Rabbi Jacob J. Schacter



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THE ESSENCE OF PIDYON SHEVUYIM



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THE IMPORTANCE OF THIS MITZVAH

A. Talmud, Tractate Baba Batra, 3b

Ravina asked Rav Ashi: “Suppose money [for a synagogue] has been collected and is ready for us, is there still a risk?” He replied: “They may be called on to redeem captives and use it for that purpose.” (Ravina asked further): “Suppose the bricks are already piled up and the lathes trimmed and the beams ready, what are we to say?” He replied: “It can happen that money is suddenly required for the redemption of captives, and they may sell the material for that purpose.” “If they could do that,” (he said), “they could do the same even if they had already built the synagogue!” He answered: “People do not sell their dwelling places.”

B. Maimonides, “Gifts to the Poor” 8:10

10. The ransoming of captives has precedence over the feeding and clothing of the poor. Indeed there is no religious duty more meritorious than the ransoming of captives, for not only is the captive included in the generality of the hungry, the thirsty, and the naked, but his very life is in jeopardy. He who turns his eyes away from ransoming him, transgresses the commandments Thou shalt not harden thy heart, nor shut thy hand (Deut. 15:7), Neither shalt thou stand idly by the blood of thy neighbor (Lev. 19:16), and He shall not rule with rigor over him in thy sights (Lev. 25:53). Moreover, he nullifies the commandments Thou shalt surely open thy hand unto him (Deut. 15:8), That thy brother may live with thee (Lev. 25:36), Thou shalt love thy neighbor as thyself (Lev. 19:18), Deliver them that are drawn unto death (Prov. 24:11), and many other admonitions like these. To sum up, there is no religious duty greater than the ransoming of captives. 11. If the people of the city, having collected money for the building of a synagogue, find themselves confronted with a matter of religious duty, they must divert the money to the latter. If they had already bought stones and beams, they may not sell them in order to fulfill the religious duty, unless it be the ransoming of captives. Even if they have already brought in the stones and set them up and the beams and planed them, and thus made everything ready for construction, they must nevertheless sell everything, but only if for the ransoming of captives. If, however, they have already completed the erection of the building, they may not sell the synagogue, but should rather make a new collection from the community for the redemption of those captives.

C. Yosef Karo, Shulchan Aruch, Yoreh De’ah 252 “The Laws of Tzedakah”

The freeing of captives takes precedence over feeding and clothing poor people. There is no commandment greater than freeing of captives; therefore, any money which is collected for another purpose may be diverted in order to free captives. And even if money was collected in order to build a synagogue, and they have already purchased the wood and stones needed, and set them aside for the building, (so that it is forbidden to use these building materials for any other purpose), it is permissible to sell them in order to free captives. But, if they have already built the synagogue, they may not sell it.

Documents

Shabbat Ne edarei Tzahal - Amazon Web Servicesou.org.s3.amazonaws.com/pdf/5765/shabbat needari tzahal2004.pdf · in action since 1982 and are still unaccounted for. Guy Chever has