128 Selected Responsa

frequently mention, rather casually the captivity of merchants who were then rescued by their companions who were fortunate enough to escape. The issues discussed concerned the reimbursement of the sums expended by the rescuers. The obligation to come to the rescue was assumed. Furthermore when news of a Jewish captive was reported, the community assumed the obligation of rescuing him and possibly his family. This was understood as a natural obligation which was to be carried out as quickly as possible once the news became known.

The Codes of Jewish law emphasize the importance of this mitzvah as an obligation which over-rides virtually everything else. It has always been considered the most necessary act of tzedakah (charity), so both Maimonides (1135-1204) and the later Joseph Karo (1488-1575) provide a long list of biblical citations(Lev. 19:16; 18; 25:33; 36; Deut 15:7 and 8) to demonstrate its importance; the citations are more extensive than for any other mitzvah. For both of them this had become a communal obligation. Any and all funds available for charitable purposes were to be used for this purpose and had a primary call upon these moneys. This included funds set aside from the construction of a synagogue; it timbers and other building material had already been purchased, they were to be sold in order to free captives. If it was necessary to collect additional funds, then this was authorized. The caveat expressed by these authorities and others later, was that it be done in a way not to encourage future acts of kidnaping(Mishneh Torah, Matnat Aniyim 8:10 ff; Shulhan Arukh Yoreh Deah 252). Karo devoted an entire section to this problem.

As many issues arose about the details of carrying out this obligation, the matter continued to be discussed frequently. It occurs in the responsa literature of virtually every century. The discussions treated everything including the involvement of intermediaries, what sums were considered exorbitant, repayment of ransom moneys, the obligation of individual communities, etc. Some of these discussions reflect concerns raised after the rescue had occurred and which cou then be settled at leisure. When Meir of Rothenburg (1215-1293)was held for ransom in the 13" century, his captors demanded a very hig ransom as they knew that he was greatly esteemed by the Jew1S communities, he refused to be ransomed and did not permit the communities to raise the sum. He was held until his death; then the