Q: When Jonathan Pollard is finally released from an American prison
after thirty years, should he recite Ha-Gomel?
A: Certainly, as the Shulchan Aruch (Orach Chaim 219:1) rules that one
who is freed from jail recites this blessing.
Q: But the Mishnah Berurah writes in the Biur Halachah (d.h. Chavush)
that in the case of one who is imprisoned but not in danger, the Sefardic
custom is to recite Ha-Gomel but the Ashkenazi custom is not to do so, and
Pollard is Ashkenazi. Furthermore, there are rules in a American prison
and people are not randomly killed there.
A: 1. He has been in danger on account of the harsh treatment he
received there, including years of solitary confinement. 2. He has been
with other prisoners who could have murdered him (Piskei Teshuvot 219:4).
3. He has been in a life-threatening situation various times on account of
illnesses, and he continues to be very sick.
Q: If so, it is clear that he should recite Ha-Gomel…
A: Furthermore, the Kaf Ha-Chaim (219:1) brings that Sefardim should
recite Ha-Gomel when being released from jail on account of the lack of
personal freedom, even if there were wonderful conditions. And Ashkenazi
Poskim hold that one recites the blessing if one is bound in handcuffs and this
is the case here (Piskei Teshuvot ibid. #1. Although Ha-Rav Chaim
Kanievski said that Pollard should not recite Ha-Gomel based on the simple
understanding of the words the Mishnah Berurah writes in the Biur Halachah
brought above. Parashah Sheet "Divrei Shi'ach" – Parashat Re'eh
5775 - #131).
Q: Should we recite Ha-Tov Ve-Ha-Meitiv?
A: Yes, upon the good news of his release (Shulchan Aruch, Orach Chaim
222:1. And this is also the opinion of Ha-Rav Chaim Kanievski.
Parashah Sheet "Divrei Shi'ach" – Parashat Re'eh 5775 - #131).
Q: When should we recite this blessing?
A: Upon his release.
Q: Why don't we recite the blessing now over the good news that he will
be released?
A: We only recite it when he leaves the prison and is free, since there
can always be complications.
Q: Should everyone recite this blessing?
A: Anyone who is truly joyous. See Aruch Ha-Shulchan (ibid. #1).
Q: Should one recite Mechaye Ha-Meitim when meeting him after his
release?
A: No, since we have known all along that he was alive. We only
recite this blessing if we have not heard from someone in over a year and there
is a possibility that he is dead.
A: Should one recite Shehechiyanu when meeting him after his release as
one does when not seeing his friend for 30 days?
A: Yes. Although there are those who do not, for various reasons,
customarily recite Shehechiyanu over seeing a friend (see Piskei Teshuvot
225:2. And Ha-Rav Chaim Kanievski said that one should not recite
Shehechiyanu when seeing Pollard based on the Mishnah Berurah 225:2.
Parashah Sheet "Divrei Shi'ach" – Parashat Re'eh 5775 - #131).
But Rabbenu Ha-Rav Tzvi Yehudah quotes all of these blessings in Sidur Olat
Re'eiyah (Vol. 1 pp. 380-382) as the basic Halachah lays out (and see Shut
She'eilat Shlomo 3:83-84, 86).
Q: But Shehechiyanu is only recited when one is joyous to meet his
friend, and not when one has never met the person (Shulchan Aruch ibid.
#2)? And is someone who visited Pollard in prison, as Ha-Rav did, in the
category of a "friend"?!
A: This is a unique case (see Piskei Teshuvot ibid. #2). Pollard
is all of our friend since he saved our entire Nation from the non-conventional
weapons of the enemy. When the Netziv met the Aderet for the first time,
he recited Shehechiyanu (see Ha-Rav's commentary on Kitzur Shulchan Aruch
59:21).
Q: This was special since the Aderet was a Torah giant! And the
Munkatcher Rebbe recited Shehechiyanu upon seeing the Saba Kadisha for the
first time (Shut Yayin Ha-Tov #48-49), as did Ha-Rav Yosef Chaim Zonnenfeld
over the Munkatcher (Masaot Yerushalayim p. 21). And Ha-Rav Ephraim
Greenblatt ruled that one should recite Shehechiyanu the first time he meets
Ha-Rav Moshe Feinstein (Shut Revivot Ephraim 6:104). It therefore seems
that this is a special halachah for Torah giants!
A: One who saves his friend, and all the more so one who saves the
entire community, has an aspect that is comparable to a Torah scholar.
See Pele Yoetz Erech "Hatzalah", who explains the saying of our
Rabbis: "Even those of Israel who are empty are as full of Mitzvot as a
pomegranate [is full of seeds]." How so? It is those who save
lives. And the Pele Yoetz emphasizes: One who saves lives is greater even
than a Torah scholar.
