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Judaism

The renaissance of halachah in modern Israel

State of Halakha — Israel’s History 
in Jewish Law, Aviad Tabory, Maggid, £22.99

September 12, 2023 13:33
Aviad Tabory

The founding of the state of Israel marked a religious, as well as political, revival. For millennia, Jewish law (halachah) had grappled only with individual and communal questions. From 1948, it had to contend also with matters of state.

Rabbi Tabory tells the story of halachah’s renaissance through a series of short, beautifully clear, essays addressing its response to key events in Israel’s history. One of these is the 1976 hijacking of a plane, which was forced to land in Entebbe, Uganda. The terrorists demanded the freeing of terrorists in Israeli jails in exchange for the hostages.

While the world waited to see what would happen, rabbis debated the issue. A mishnah allows captives to be redeemed, albeit only for their true value (Gittin 4:6), but what about swapping terrorists for hostages?

Rabbi Ovadia Yosef, the Sephardi Chief Rabbi, considered this permissible. The hostages faced certain death, while the terrorists to be released may be prevented from causing further harm. The lives of the hostages should take priority. In the end, no decision was needed. Before the debate had concluded, Yitzhak Rabin, the then Prime Minister, announced that the terrorists had been killed and prisoners released.