Tuesday, June 24, 2008

Dead without a Trace

B"H

The Mishna in Talmud Shabbat 151b teaches that "whoever closes the eyes of a dying person at the moment of death – is a murderer".

Even if there is no hope that a person is going to survive, the eyes should only be closed after a while and not immediately or, Chas veChalilah, seconds before the actual death.
The Talmud raises the question if closing the eyes too early wouldn't hasten the death of the particular person. Can you imagine that you are still alive and then someone is coming and closing your eyes ? Just like "Oh, he or she is going to die anyway. So, what does it matter and have a nice day".

The great commentator Rashi states that the early closing the eyes of a dying person can hasten his death. One should wait an appropriate length of time before closing the eyes, since the "dead" person may in fact not yet be dead but merely unconscious (see the Mishna Torah of the Rambam, Hilchot Aveil 4:5).

Further details concerning closing the eyes of a dead person can be found in the Shulchan Aruch – Yoreh Deah 352:4.

I am anything but a Posek (halachic expert) but exactly this Mishna immediately came into my mind when I heard about the Israeli Chief Army Rabbi planning to declare the two kidnapped soldiers, Ehud Goldwasser and Eldad Regev, as "fallen soldiers with unknown burial place".

Actually this week, an exchange of hostages should have taken place. The two Israelis against the Lebanese terrorist and murderer Samir Kuntar and four other Lebanese war hostages. However, according to the the Israeli Chief Army Rabbi the exchange could be unnecessary, as we don't know if the two soldiers are still alive. And therefore, he might declare them as "fallen soldiers with unknown burial place". Of course, the families of Ehud Goldwasser and Eldad Regev are furious and planning to complain at the Supreme Court.

Not only concerning the "Goldwasser – Regev case", the question arises if we shouldn't always hope for the best as long as there is no clear evidence ? Giving the benefit of a doubt even if the situation and reality seem to appear hopeless. Or should we just give up and acknowledge the facts ?

I think that the Mishna in Shabbat gives us an answer.
Someone giving up hope too early is a murderer. In the case of the two soldiers, only two years have passed. On the other hand, DNA and other blood analyses have prooven that at least one of the soldiers must have died before or shortly after the kidnapping. But who can tell anything for sure ?

The great halachic expert, Rabbi Moshe Feinstein, once decided in favour of Holocaust survivors whose spouses vanished in the Holocaust. His halachic decrees can be studied in his books "Iggerot Moshe". Anyway it would be interesting to have Rabbi Feinstein's opinion today. Unfortunately, we don't.

The decision the Army Rabbi is maybe going to make might be based on reality. Nevertheless, should not everyone consider humanity as well ? Isn't especially humanity more important in this case ? How should the families keep their hope in order to deal with the situation ?

Of course, the relatives of the two soldiers have to be realistic as well and face the facts, but isn't it especially hope keeping us alive and let us manage the worst situations ? No matter how.

2 comments:

  1. Hope is a great thing. It continues to sustain Israel to this day and through the long centuries when there was no state. That hope was based on the promise HaShem made about the Land.

    The hope in the case of the kidnapped soldiers seems to be misplaced. I hope Regev, Goldwasser, and Shalit are alive but the nature of those who kidnapped them leads me to believe they are dead.

    The kidnappers are toying with the hopes of Israel and the families much like has been done the decades after Arad was kidnapped.

    The enemy will probably ever let it be known the fate of the kidnapped soldiers. They get much enjoyment out of all it. The words of Nasrallah are meant to cause mental anguish and try to humiliate Israel. It is another form of terrorism.

    The families are doing every thing they can to keep their hopes alive and it is understandable. I see my son's face every time I see a photo of Shalit.

    At what point does hope become a stumbling block?

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  2. B"H

    I simply hope that the families of the kidnapped don't get mixed up between hope and reality.

    Reallity says that Goldwasser and Regev are probably dead.

    However, until there is so definite proof, the families still hope for the better.

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