Navigating Shabbat and Pikuach Nefesh: Insights from the Agam Berger story

There has been significant recent discussion regarding the halachic ruling that renowned posek Rabbi Yitzchok Zilberstein issued to Merav Berger, mother of Agam Berger. He instructed Merav not to drive to see her daughter if Agam were released on Shabbat. In contrast, it was reported that the Chief Rabbi of Petach Tikva, Rabbi David Yosef, permitted Merav to fly and travel on Shabbat with her daughter in the event of her release during Shabbat. Rabbi Yosef emphasized the obligation to be with Agam during these critical moments, as she would need emotional and family support after such a challenging ordeal. Ultimately, Merav decided not to violate Shabbat in case her daughter was released then, and she also requested that the Israeli media refrain from desecrating Shabbat by recording or photographing Agam’s release if she was released on that day.

As it happened, Agam was not released on Shabbat, but is instead scheduled to be released on Thursday. Many have celebrated not only the impending release but also the fact that it will occur on a weekday, avoiding any halachic concerns related to Shabbat violations. Here is my analysis of this situation:

1. Pikuach nefesh overrides any Shabbat prohibitions. Above all else, Agam’s release at the earliest opportunity would be the primary cause for celebration, even if it occurred on Shabbat. Pikuach nefesh – the sanctity of life – takes precedence over all other considerations, and the most joyous aspect of this situation is that her release will soon occur, regardless of the day.
2. The psychological state of a freed hostage likely qualifies as pikuach nefesh. While I am not a psychologist, I would argue that the initial moments after release from over a year of captivity could place a person in a life-threatening psychological or emotional state. This would render the presence of her mother essential to her recovery and support, potentially justifying Shabbat violations as a necessary measure for her well-being.
3. Halacha prioritizes minimizing Shabbat desecration when possible. Even when life-threatening situations warrant overriding Shabbat, halacha prescribes that one should seek the least severe violation. For instance, if a parent knows their child will be released on Shabbat, they should ideally travel to the hospital or military facility before Shabbat begins, avoiding any need for Shabbat desecration. If unavoidable, traveling with a non-Jewish driver is certainly preferable, as it involves a rabbinic, rather than a Torah-level, prohibition.
4. This story highlights the profound spiritual strength of Am Yisrael. Merav’s unwavering commitment to halachic principles, even amid the desperate longing to see her daughter after such a prolonged separation, is deeply inspiring. It reminds me of the famous story of the soldier whose arm was amputated. Instead of lamenting his fate, he asked a halachic question: which arm should no longer wear tefillin? He reasoned that his “weaker” hand may have shifted due to the amputation, and he wanted to fulfill the mitzvah accurately. Similarly, Merav’s dedication to halacha during one of the most challenging moments of her life is a testament to the spiritual resilience of our people. Her commitment is a shining light for all of us and fills me with immense pride to be part of such a remarkable nation.
5. Agam’s weekday release is a meaningful moment of Divine kindness. It is particularly special that, God willing, Agam will be released on a day when Shabbat concerns are not relevant. Sometimes, even amid profound challenges, we glimpse the hand of God. This reminds me of the blessing of “Hatov v’Hameitiv,” instituted after the devastating Bar Kochba revolt when, despite the immense tragedy, the bodies of the fallen were allowed to be buried and miraculously did not decompose. While this did not erase the suffering, it was a sign that God had not abandoned His people. Similarly, the timing of Agam’s release could be seen as a small yet meaningful message from God, assuring Agam, her family, and all of us that He remains present, even in difficult times.

As we reflect on the profound halachic and emotional dimensions of this story, our thoughts and prayers turn to Agam Berger. May her long-awaited release bring healing, strength, and peace to her and her family. We also fervently pray for the safe and swift release of all the hostages still in captivity. May they reunite with their loved ones in joy and safety, and may we soon witness a time of universal peace and redemption, when no family will have to endure such unimaginable pain.