(By Rabbi Yair Hoffman for the Five Towns Jewish Times)

Upon hearing of the release of Reb Shalom Rubashkin on Zos Chanukah – three feelings come to mind:
• Tremendous joy for Reb Shalom and for his family who have suffered these eight long years.
• Tremendous appreciation to President Trump for reversing this injustice.
• A curiosity concerning the halachos of Reb Shalom’s Bentching Gomel..

THE SOURCE

The Gemorah in Brachos 54b tells us that four people must give thanks: Those that travel over the seas (Group 1), that that travel over the wilderness (Group 2), those that took ill and recovered (Group 3), and those that were released from prison (Group 4). The Gemorah is codified in Shulchan Aruch (OC 219:1.)
Seemingly, from this Gemorah and Shulchan Aruch – Reb Shalom should bentch Gomel.

THE MOGAIN AVROHOM

The Mogain Avrohom (219:1) qualifies the Shulchan Aruch that the halacha is only in regard to one who was jailed on matters of nefashos. The Pri Magadim explains that this may be the Mogain Avrohom’s own rationale – that incarceration that is on account of monetary issues does not count as a sakana – a danger. From the Pri Magadim we can infer that he is of the opinion that bentching Gomel for one freed from prison is only when there is danger – but not necessarily for reasons of gratitude for being a freed man.

According to this Mogain Avrohom, Reb Shalom would not bentch Gomel – at least with shaim uMalchus. The Mishna Brurah in his Biur Halacha 219:1 states that the Mogain Avrohom’s position fits with the Ramah’s view that Group 3 people who are bedridden but not in danger – do not bentch Gomel.

But wait – not everyone follows every Biur Halacha and Mogain Avrohom. There are Halachic opinions that the obligation for the bentching of Gomel for Group 4 – is not on account of danger, but on account of gratitude for being a freed man. The Kovetz Teshuvas Ri M’gash Siman 90 (see also Rabbeinu Yonah on the Rif who cites Rav Hai Gaon) writes regarding one who was incarcerated for not paying a debt or for not paying a tax:

Ho’il.. velo haya moshel b’nafsho..uk’shehu yotzeh lechofshi hu naaseh l’moshel benafsho.. Since he was not in charge of himself and now he is in charge of himself – that he is obligated in bentching Gomel..
It is not just the Rishonim – the Kitzur Shulchan Aruch (61:1) writes that the blessing is still recited – even if the incarceration was on monetary issues.

FUNDAMENTAL ARGUMENT

So, we have here a fundamental argument between the Mogain Avrohom and the Kitzur Shulchan Aruch as to whether Reb Shalom should be bentching Gomel. Is it on danger (in which case no blessing), or is it on appreciation of freedom (in which case yes a blessing)? The first instinct would be that he should bentch without reciting Hashem’s Name on account of the Machlokes.

LUBAVITCH MINHAGIM

But then again – Reb Shalom would be following Lubavitch minhagim. And the GRaZ (the first Lubavitcher Rebbe and the author of the Rav Shulchan Aruch) rules like the Kitzur Shulchan Aruch – sort of. He writes (Seder Birchas HaNehenin, Chapter 13 – this is found in the back of the Lubavitch Siddur) that the blessing is recited even if the incarceration was only on financial matters, but he adds one caveat.
He adds the words, “im haya me’una b’chavlei barzel – if he was afflicted with iron chains.”

This author would like to suggest that there are three positions as to how to understand the Gemorah in Brachos regarding Group 4.

• The Poskim who rule that Group 4 refers to any prisoner – and that the obligation stems from expressing thanks for one’s freedom (Rav Hai Gaon, Ri MiGash).

• The Poskim who rule that group 4 refers only to prisoners who were in actual danger (Mogain Avrohom, Pri Magadim, Biur Halacha).

• The Poskim who rule that group 4 refers to prisoners who were either in danger of life or under torturous circumstances (GRaZ, Aruch haShulchan).

It is interesting to note that Rav Bakshi Doron in Beit Av Vol. I Siman 6 rules that Sefardim should recite it with Hashem’s name and that Ashkenazim should recite it without Hashem’s Name.

SHEHECHEYANU

As far as a recitation of SHehecheyanu goes, if someone feels a sense of complete elation and wishes to recite this blessing on getting out of prison, it should only be said in conjunction with the purchase and feeling of elation of new clothing. We cannot simply recite brachos during places and times where Chazal did not teach to do so. The recommendation of Gedolei HaPoskim is, therefore, to recite it with the purchase of a new article of clothing.

CONCLUSION

So what should Reb Shalom Rubashkin do?

Of course, he should follow what the Lubavitch Poskim tell him to do in this matter, but our conclusion would be that if his incarceration was a physically tortuous one – even if he did not have iron chains – then he should Bentch Gomel with Hashem’s Name. If anyone has any further information as to what psak he received – please forward.

But in the meantime, we should all express our appreciation to Hashem for this Zos Chanukah miracle, and to the president for valuing righting injustices.

The author can be reached at [email protected]