Hannibal Procedure
In connection with recent events
What is the Halacha opinion on the Hannibal procedure? (In the act of kidnapping a soldier, there is an order to shoot in order to kill both the terrorists and the kidnapped person.)
As far as I know, there is no such instruction. In the past, there was tacit consent, but it was canceled (by the then MAG, my friend Menachem Finkelstein). The procedure does not say to kill the kidnapped person, but to shoot the kidnappers even at the cost of risking the life of the kidnapped person. If it means certain destruction of everyone, I don’t think they’ve ever done that.
In terms of halacha, in principle it is certainly forbidden. Perhaps if there are special political considerations it can be permitted. The procedure is based on the fact that a situation in which we have a hostage is problematic because it creates pressure on our policy and will demand concessions from us. But in principle it is better to leave him in captivity without negotiating and without concessions. It is true that from the family’s perspective it is problematic, but leadership needs to know how to deal with it.
The complete opposite
Any kidnapped soldier or civilian will, according to past precedents, result in the release of terrorists who will kill many Jews, so his current status in the hands of the enemy is as if he himself is endangering Jewish lives, and therefore the procedure is absolutely logical.
From a halakhic perspective, attributing the status of a persecutor to a kidnapper is a violation, even if it is said in a firm and confident tone. On the contrary, halakhic there is no permission to harm him, since no one saves himself at the cost of the life of his friend. However, on a collective-warlike level, there is perhaps room to act differently from the normal rules of halakhic law.
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