Newly appointed Sephardic Chief Rov, Hagaon HaRav David Yosef has declared that Israel has a halachic obligation to release convicted terrorists, including those responsible for mass murders, if it leads to the return of hostages held in Gaza.
In an interview with Kikar Shabbos, Rav Yosef referenced a psak from his late father, Maran Hagaon HaRav Ovadiah Yosef zt”l, emphasizing the necessity of such actions. “My father handed down a very clear psak that it is allowed and necessary to release terrorists, even many terrorists, even killers with blood on their hands, to release them in exchange for hostages,” he said.
The Shas party, alongside fellow Charedi party United Torah Judaism, has strongly supported efforts to secure hostage releases, in contrast to far-right coalition members who oppose freeing Palestinians with serious terror convictions.
Rav Yosef said his father’s psak was issued during the 1976 Entebbe hostage crisis, with the principle that the immediate safety of hostages must take precedence. “The danger faced by hostages today needs to be weighed against the potential future danger posed by the freed terrorists,” he explained. “My father’s answer was that the current danger comes first.”
His remarks come amid ongoing negotiations between Israeli and Palestinian officials, with reports of significant progress. Central to the discussions is the number and identity of Palestinian prisoners to be released in exchange for Israeli hostages.
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6 Responses
I wonder how this relates to his prioritizing the Draft Law and the recent letter from Shas Rabbanim that even non-yeshiva students should refuse to be drafted.
As long as the war actively continues and non-haredi families are seeing their husbands, sons, and brothers spending hundreds of days in reserve duty, there is no way that non-haredi politicians will vote for this bill.
His reasoning here perfectly aligns with his father’s support for the Oslo Accords.
Releasing convicted terrorists with Jewish blood on their hands is *** EXACTLY *** what caused the massacre of October 7, 2023, which resulted in:
[1] More than 1,200 Jews murdered on October 7, 2023 (including children).
[2] More than 200 Jews being taken hostage (including children).
[3] More than 800 Jews being killed fighting against Hamas and Hezbollah.
[4] Thousands of Jews injured or losing their parnasah or leaving Eretz HaKodesh.
Just-in-case you do not remember, Mr. Yahya Sinwar (Yimach Shemo VeZichro), the leader of HAMAS, was in an Israeli jail, and was freed by the government of Israel.
The massacre of October 7 was his idea, and might never have happened without him.
Thousands of lesser terrorist attacks were committed by convicted terrorists who were freed by the government of Israel.
He wouldn’t make it to Chief with a psak saying in reverse. It’s a conflict of interest.
For some reason everyone in Israel from the prime minster on down is blind to the obvious option of rearresting those they release as soon as they get the hostages back. There is zero doubt that if al Quida, for example, took American hostages demanding America release al Quida terrorists they have in custody al Quida’s 1st condition would be that they won’t release the Americans until the terrorists are no longer in the USA because it would be beyond obvious that if they were America would take them back into custody. And according to the law an agreement to abide by the conditions of extortion is not enforceable. Yet with Israel and Hamas Israel is insisting those it releases must go to a 3rd country while Hamas insists they be able to return home, secure in the knowledge that they can live the rest of their lives under the control of the IDF without being taken back into custody.
The original psak by his father was based on safek vs. vadai – the safek that the released terrorist would kill again vs. the vadai that the hostage’s life would be in severe jeopardy if not freed – and he held that because ein safek yotzei midei vadai, the terrorist should be released.
However – it’s now been shown conclusively that released terrorists will, with near 100% certainty, kill again – see Yihyeh Sinwar, released in the Shalit deal, as proof of this. Accordingly, it is clear that his father’s psak should no longer apply – and should definitely not be brought as proof.
an Israeli Yid