Devarim parshat Eikev, 10-19 ” You should love the convert because you were strangers in Egypt” ” Jews should learn from the Egyptian experience that G-d does not like the persecution of strangers” RAMBAN
Human nature is such that we might be less inclined in performing this Mitzvah because the stranger is unlike us. Therefore, the Torah repeats and emphasizes so we don’t diminish the commandment.- Sefer Ha’chinuch.
There is a powerful lesson I’ve learned of loving your fellow Jew in researching this weeks topic that I would like to share. Lets start with excerpts from a very interesting New York Times article published last week titled:
Less than 90 minutes into a temporary truce last Friday that was supposed to have ended the fighting, Hamas fighters emerged from a tunnel and ambushed an Israeli unit, killing two soldiers and snatching a third, prompting the Israeli Army to pursue the captors and unleash a barrage of artillery and airstrikes on a heavily populated section of the southern border town of Rafah.
When it was over, 120 Palestinians were dead, along with the captured soldier.
It was one of the rare invocations of the Israeli military’s “Hannibal procedure,” one of its most dreaded and contentious directives, which allows commanders to call in extra troops and air support to use maximum force to recapture a lost soldier. Its most ominous clause states that the mission is to prevent the captors from getting away with their captives, even at the risk of harming or endangering the lives of the captured Israeli soldiers
In last Friday’s episode in Rafah, it appears unlikely that the Hannibal procedure caused the fatal injury of the missing soldier, Second Lt. Hadar Goldin, who was later declared killed in action.
Still, its use has reignited debate about the decades-old directive, which was long kept hidden from the general public by military censorship and is rarely discussed in Israel. Captured Israeli soldiers are a valuable and highly sought prize for Hamas, which held one such soldier, Gilad Shalit, for five years. It ultimately traded him for more than 1,000 Palestinian prisoners, many of them convicted of deadly attacks against Israelis.
But there is increasing reluctance to continue the practice of trading so many prisoners for captive soldiers, with critics arguing that each lopsided deal only encourages future abductions. Military service is compulsory for almost all young Israelis, making the return of captured soldiers an even more emotionally and politically weighted issue.
Brig. Gen. Michael Edelstein, the commander of the Gaza division, said Thursday in a telephone briefing that most of the casualties in Rafah had occurred in the first hours after Hamas fighters “tried to kidnap our officer and bring him into civilian places.” But he said that the forces had targeted “terror sites,” not civilians.
The Hannibal edict was drawn up by three senior officers in Israel’s northern command in the 1980s after two Israeli soldiers were captured by Hezbollah in Lebanon.
“We understood that when it comes to kidnapping, there should be a very clear order so that ordinary soldiers on the ground should not have to hesitate and make their own assumptions,” said Yaakov Amidror, a retired Israeli general, former national security adviser, and one of the authors of the directive as a colonel in the northern command from 1986 to 1989.
The name Hannibal, recalling the Carthaginian military commander who poisoned himself rather than fall into the hands of the Romans, suggests a shocking act of self-sacrifice. But Mr. Amidror says it was chosen randomly and has no real significance.
“Morally, it’s a big question: What can you do or not do to prevent a kidnapping?” Mr. Amidror said. “The order was that you have to do all you can, including risking – not killing – the soldier.”
If a captive soldier is known to be in a certain vehicle, Mr. Amidror said, it is permissible to fire a tank shell toward the engine of the car. “You for sure risk the life of the soldier, but you don’t intend to kill him,” he said.
Asked whether it was morally acceptable to risk a soldier’s life in this way, Mr. Amidror said: “You know, war is very controversial. Soldiers have to know there are many risks in the battlefield, and this is one of them.”
But for some Israelis, the practice is unacceptable.
“The procedure is morally flawed,” said Emanuel Gross of Haifa University, an expert in military law and a former military judge. “We have no right to risk the life of a soldier only to avoid the payment for his return from captivity.”
Instead, Mr. Gross said, Israel ought to stand more firmly against the inflated demands of the captors.
Still, officials and experts said they could not recall a case in which the Hannibal procedure was activated and a captive soldier was hurt.
When three Israeli soldiers were snatched by Hezbollah along the Lebanese border in 2000, attack helicopters were dispatched with orders to shoot at any vehicle trying to leave a nearby Lebanese village, according to Ronen Bergman, an Israeli journalist specializing in security affairs who has contributed to The New York Times Magazine, who documented the case in his book “By Any Means Necessary: Israel’s Covert War for Its POWs and MIAs.”
But from the radio talk and testimonies of pilots, Mr. Bergman said in an interview, the order “was not followed, at least not strictly.”
“I think the helicopter pilots were very cautious,” he said.
Mr. Amidror said he had been appointed by the chief of staff to investigate what happened in 2000. “In this case, there was no problem to resolve, because nobody was there to take any action to stop the kidnapping,” he said, adding that the helicopters came in too late and “didn’t identify any relevant target.”
After an investigation, the Israeli authorities pronounced the three soldiers dead in 2001. Their remains were returned to Israel in 2004 as part of a prisoner exchange.
Some of the details of what happened in Rafah remain murky. Lt. Col. Peter Lerner, a military spokesman, still could not say, a week later, whether the Hamas fighters had included a suicide bomber, or whether Lieutenant Goldin, 23, had been killed in the initial attack.
“We know he was at least wounded,” Colonel Lerner said, based on the evidence later found at and near the scene.
The Hamas attackers dragged Lieutenant Goldin with them back into the tunnel. A few minutes later, a fellow soldier who has been identified only by his first name, as Lieutenant Eitan, secured permission from a senior commander to enter the tunnel in pursuit with two other soldiers.
They were too late. There was no contact or engagement between the soldiers who entered the tunnel and the captors, Colonel Lerner said. But he said some evidence found in the tunnel later helped the military determine that Lieutenant Goldin could not have survived the initial attack. He was declared killed in action by late Saturday night.
Reached by telephone on Thursday, one of Lieutenant Goldin’s relatives said the family was not ready to answer questions about his death.
What are the Israeli’s trying to prevent by implementing the Hannibal procedure?
Israel’s euphoria surrounding the release of Gilad Shalit notwithstanding, everyone knows something must change. Kidnapping has become a standard weapon in the guerilla arsenal, while terrorist demands grow with every prisoner swap. At celebrations throughout the occupied territories Palestinians greeted freed killers with chants of “The people want another Shalit!” while Hamas commander Ahmed Jabri declared that kidnappings would continue. No surprise here – the public likes success. The “revolving door” policy of arresting terrorists just to free them again.
Nevertheless, there is a downside to Hannibal; what tends to happen is similar to “Pinchas the zealot”, Both, for the most part, can cause one to go against proper human behavior. In the famous passage in the Torah, Pinchas took the spear and killed the two who rebelled against G-d. Today, however, one can not be a true zealot. One, often, sub-conciencly, has ulterior motives. Just because one thinks he has the love of G-d on his mind doesn’t give him the license and permission to act as he pleases. However, though, that is what tends to happen. When the flag of G-d is raised, with a little too much enthusiasm, sensetivity to others takes a back seat. Therefore one misapplies the word zealot.
Similarly, the hanibal procedure can stretch out ones ability to pull the trigger unjustly giving him permission to murder.
Rabbi Beryl Wien, noted historian and lecturer comments on the dilemma of captive soldiers:
“The Israeli army and government has had to deal with this painful problem quite a number of times over the past decades. Its main purpose, in the past, has always been to return the captive home in the best condition possible. Great debate has always accompanied this situation and policy and I am grateful that such terrible decisions are not mine to make. Many have said that the past prices paid were “exorbitant.” Others say that the price was worthwhile and justified. Perhaps only Heaven itself can decide on such impossible Hobbesian choices.
Jewish history is replete with such incidents of hostages and captives. In the thirteenth century, the great rabbi Meir of Rottenburg, was taken hostage by one of the local dukes. Rabbi Meir was one of the great Ashkenazic scholars of the Middle Ages. He was the mentor and teacher of Rabbi Asher ben Yechiel (Rosh) the greatest of the latter Tosafists and one of the basic decisors of halachic law. The duke demanded a great ransom for the release of Rabbi Meir. The Jewish communities of the area, out of their great love and respect for Rabbi Meir and their loyalty and honor to Torah scholars, were prepared to pay this exorbitant ransom. However, Rabbi Meir himself forbade the Jews from so doing, arguing, undoubtedly correctly, that payment of the ransom would only encourage the duke to repeat his evil deed with even Rabbi Meir himself becoming the victim a second time. Under his mentor’s advice, Rabbi Asher fled the German area and took up residence in Toledo in Spain. The duke did not relent on his extortionist demands and eventually Rabbi Meir passed away in the prison of the castle of the duke. The duke then demanded the very same exorbitant ransom for the release of the body of Rabbi Meir for Jewish burial, also a cardinal principle and commandment in Jewish life and law. Again, according to the wishes of Rabbi Meir as he expressed them during his last years of life, the ransom was not paid. The duke held the body for ransom for thirteen years. Eventually, a very wealthy Jew from Mainz came to a settlement with the duke and Rabbi Meir was buried in the ancient Jewish cemetery of Mainz. Next to his grave lies the body of the wealthy Jew who obtained the release of Rabbi Meir’s remains. These two graves in the Jewish cemetery remained a place of Jewish visitation and veneration even until our very day. The problem of an “exorbitant” price always remained within the Jewish community and apparently remains so until our day. Judaism abhors simplistic answers to very complicated problems and issues. There has never been a simple answer to the question of ransoming Jewish prisoners or hostages. There obviously is no simple answer to this issue today. We can only pray for wisdom, patience, balanced behavior and Godly inspiration to help us arrive at the correct decisions in such matters, if and when, God forbid, they arise.” The topic of the Hannibal procedure is a hot debate. One can give a legitimate argument for either side.
Perhaps that’s the reason the Torah is very delicate when discussing a soldier who captures a beautiful enemy. He desires her and wants to make her his wife. The Torah un-charachtaristicly permits it however with a number of stipulations. The Torah knows as time passes and he returns home with the intense atmosphere behind him he will act differently seeing her in a different environment.
“One should know” he said “One cannot negotiatefor hostages with Arabs. For the most part, if one doesn’t capitalize on this small window of opportunity, by rescuing them then and there, then their as good as dead. We have to try any desperate measure to get them back dead or alive at that very moment. Even retrieving the soldiers bodies, from the Arabs, is a humiliating task”.
He said” I do not believe one can compare the zealot to the soldier. At this very critical and emotionally charged moment one’s survival instincts are on. When one is in a state of fear there is no evil inclination. Man is sincere in his actions when fear is upon him. The soldier is risking his life to bring back his friend. Love for your fellow Jew is in the forefront. Its not an issue of being cruel to your fellow Jew Quite the opposite its loving your fellow Jew like yourself at the highest level.
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