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    HOSTAGE FOOTAGE ON SHABBAT: A HALACHIC PERSPECTIVE

    The release
    of hostages in
    recent instances
    h a s o f t e n
    taken place on
    Shabbat. Footage of these events
    is being viewed worldwide, and
    as a Shabbat-observant nation, we
    would watch it only after Shabbat.
    However, the question arises: Can
    one view footage that was recorded
    on Shabbat?
    This question is divided into two
    parts:
    1. Videos recorded by the
    terrorists before releasing

    the hostages – Since non-
    Jews are not commanded to

    keep Shabbat, footage they
    record does not fall under the
    prohibition of benefiting from
    Shabbat labor—unless it was
    created exclusively for Jews.
    Since these recordings were
    made for their own public
    relations and glorification,
    they may be viewed after
    Shabbat, despite having been
    recorded on Shabbat.
    2. Videos taken in Israel by
    Jewish individuals – This
    raises a separate halachic
    concern that requires further
    analysis.
    The Status of Shabbat Violations
    When a Jew violates Shabbat, the
    results of his actions are generally
    prohibited, but different scenarios
    must be considered:
    • If he violated Shabbat
    unknowingly (shogeg)
    meaning he either did not
    realize it was Shabbat or
    was unaware that his actions
    constituted a violation—then
    the results are prohibited for
    him and others on Shabbat.
    However, they may benefit
    from them immediately after
    Shabbat.

    • If he violated Shabbat
    knowingly (mezid)—meaning
    he was fully aware that it was
    Shabbat and that his actions
    were prohibited—then the
    results are prohibited for him
    forever. Others, however, may
    benefit from them only after
    Shabbat.
    Accordingly, one might assume
    that recordings made by those
    who violated Shabbat could still
    be watched after Shabbat. However,
    upon further examination of the
    poskim, some explain that if the
    recordings were made specifically
    for others to watch, it is comparable
    to someone performing a melacha
    for himself, rendering it prohibited.
    Therefore, Jewish reporters filming
    on Shabbat to broadcast the freeing
    of the hostages are violating Shabbat
    for others to see, and such footage
    should be avoided.
    A Classic Dispute in Halacha
    One might argue that our case is
    somewhat different, as the person
    benefiting from the outcome of
    the Shabbat violation would have
    preferred that Shabbat be observed
    rather than violated, and thus, he is
    not pleased with the transgression.
    This question was debated by two
    great halachic authorities over 500
    years ago. The Rivash ruled that
    even if a Jew did not want melacha
    to be performed for him on Shabbat,
    he is still prohibited from benefiting
    from it. The Maharshal, however,
    permitted it. Nevertheless, the Ktav
    Sofer explained that in a case like
    ours—where the act was done for
    public viewing—everyone would
    agree that it is forbidden.
    This principle is derived from a
    question posed to the Ktav Sofer
    regarding whether one may eat food

    cooked on Shabbat in a Jewish-
    owned restaurant after Shabbat.

    Based on previous halachic rulings,
    one might assume that it should be

    permitted. However, the Ktav Sofer
    explained that the usual allowance
    is based on the assumption that the
    Jew will not violate Shabbat again.
    In this case, where the Jew is not
    Shabbat observant and operates
    his business on Shabbat regularly,
    it is certain that he will continue
    violating Shabbat. Therefore, one
    is not permitted to eat the food
    he cooked on Shabbat, even after
    Shabbat.
    Additional Reasons to Forbid
    Another reason to forbid benefiting
    from Shabbat violations comes from
    a ruling of Chazal. They decreed
    that one may not benefit from
    melacha performed by a non-Jew
    on Shabbat until enough time has
    passed after Shabbat for the act to
    have been done then. This prevents
    even indirect benefit from the time
    saved. For example, if a non-Jew
    cooked an egg on Shabbat and it
    takes five minutes to cook, one must
    wait five minutes after Shabbat
    before eating it. This restriction
    ensures that people do not come to
    ask a non-Jew to perform melacha
    for them on Shabbat in the future,
    since there would be no perceived
    gain.
    On the other hand, if a Jew violated
    Shabbat, one may benefit from the
    outcome immediately after Shabbat,
    as the assumption is that we will
    not ask him to do so again, since he
    would not violate Shabbat for us.
    Now, since a non-observant Jew
    willingly violates Shabbat, and
    wouldn’t might doing such a
    violation for us next Shabbat as
    well, in the same way a non-Jew
    might, we apply the same principle
    that we must wait after Shabbat the
    time that it takes to perform the
    melacha. Hence, we should wait the
    amount of time it takes to film the
    event and upload it to the news site.
    However, there is a complication:
    this event, which took place on

    Shabbat, cannot be recreated after
    Shabbat. Since it was a one-time
    occurrence on Shabbat and cannot
    be duplicated, one may argue that
    it remains forbidden forever.
    Accordingly, Rav Elyashiv
    (Orchot Shabbat 25; 66) ruled
    that recordings taken on Shabbat
    by non-observant Jews may not be
    watched after Shabbat for the above
    two reasons:
    1. The person who violated
    Shabbat will continue doing so
    in the future to benefit others
    with his work, thus chazal
    restriction would apply to him
    as well.
    2. Since we are directly benefiting
    from the time spent violating
    Shabbat—where the photos
    and videos could only be taken
    on Shabbat—they become
    permanently forbidden.
    Still, there are some poskim
    (Rav Chaim Kanyevsky, Maor
    Hashabat 1; page 432) who are
    lenient regarding viewing such
    pictures and videos, arguing that
    they are not tangible items from
    which one derives direct benefit—
    unlike food cooked on Shabbat,
    which is a physical object. This
    idea is based on the principle
    stated by Chazal that there is no
    me’ilah (misuse of sacred property)
    in merely looking at kodashim
    (consecrated items).