A TRADITIONALLY the Israeli Prime Minister usually seeks halachic advice before proceeding with such decisions, all the more so when religious parties form a major part of the current coalition.

The Shulchan Aruch in the laws of charity points out that there is no greater mitzvah than the redemption of captives. Furthermore, one who delays redeeming them where it could have been done earlier is considered a blood spiller.

However, the Talmud does set out limits to the amounts required to be paid for the release of such prisoners as there is a limit to the burden one may place on the community and this could encourage kidnappings of fellow Jews.

Certainly the latter is the position of Rambam and the Shulchan Aruch itself.

A great early sage known as the Maharam of Rotenberg was arrested in order to obtain a large sum of money from the local Jewish community.

He refused to allow the community to redeem him fearing that this would spark off a chain reaction where rabbinic leaders across Europe would be incarcerated in order to obtain vast sums of money.

He passed away in captivity such was his conviction on this issue. Interestingly later authorities the

Maharam of Lublin and the Maharshal were divided over whether or not one may pay vast sums even where there is a possible threat to the life of the prisoner.

However, in our case although there is no money exchanging hands had the prisoners been alive they would certainly have had their lives in very real danger.

What we are facing is rather different, an exchange where terrorist murderers are being exchanged for soldiers or their bodies.

There is no doubt that bringing a fellow Jew to rest in kever yisrael (Jewish burial) is of great importance.

However one should be aware that the Torah mandates that a murderer must be brought to justice and no amount of money may redeem him of his responsibility and accountability.

There is, therefore, a major question as to whether or not a murderer is allowed to be pardoned and set free, even in exchange for a live soldier if he has blood on his hands.

Another major consideration from a Halachic perspective would be this: releasing terrorists could at a later date endanger other Jewish lives.

Are we obligated to place ourselves in possible danger in order to save a fellow Jew from certain danger?

The Bet Yosef quoting the Hagahot Maimoniot in the wake of a text of the Jerusalem Talmud states that one should do so.

However, in the Shulchan Aruch, written by the same author, this halacha is omitted.

So too is it omitted by Rambam, Rosh and Rif the three pillars of halacha who seem to follow the Babylonian Talmud where a text in tractate niddah proves the contrary.

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