Prison

Prison (also called jail,) is a secured structure where people are forcibly detained and deprived of various freedoms.

Today, it is customary to distinguish between a prison where convicted persons serve their sentences, and a detention center where suspects who have not yet been convicted are held. There are also prisoner of war camps where war prisoners are detained.

In the Torah, imprisonment does not exist as a punishment whose purpose is the deprivation of liberty in itself, as will be detailed below.

In the Written Torah and Halacha

As a prison sentence, the Torah mentions only two instances where a person was placed in custody until their verdict was determined:

1. In the portion about the blasphemer: "And the son of the Israelite woman pronounced the Name and cursed... And they put him in custody, to clarify for them according to the word of Hashem."
2. In the portion about the wood gatherer: "They found a man gathering wood on the Sabbath day... And they placed him in custody because it was not specified what should be done to him. And Hashem said to Moses, 'The man shall be put to death; all the congregation shall stone him with stones outside the camp.' And all the congregation brought him outside the camp and stoned him with stones, and he died, as Hashem commanded Moses."

In other contexts, and not as part of the Torah's judicial and penal system, the story is told of Joseph the Righteous who was placed in prison in Egypt, and also of the prophet Jeremiah who was placed in the courtyard of the target. Additionally, Joshua's request to Moses to imprison Eldad and Medad who prophesied in the camp is mentioned (though Moses refused this).

Even in later generations, evidence can be found of prison sentences imposed by Jewish courts for a limited period, for the purpose of enforcing punishment, but not as an end in itself, such as to compel a person to divorce his wife, or to pay money that he owes.

In halacha, an additional possibility was introduced where a person is imprisoned, 'to place a person in a dome.' This punishment is implemented as a 'temporary measure' in cases where, in the court's opinion, a person deserves the death penalty or close to it, but it is not possible to judge him because there are no witnesses to his actions and the like.

Four Who Must Give Thanks

In halacha, one who leaves prison is counted among the four who need to give thanks and recite the Birkat HaGomel with God's name and kingship, since the punishment of imprisonment in their days was very severe and involved danger to life, and many people did not leave prison alive.

Regarding imprisonment in our days, which is much lighter compared to the past, the authorities are divided on whether one who leaves prison should recite the blessing with God's name and kingship. The accepted ruling according to Sephardic custom is to recite it, and according to Ashkenazic custom not to recite it.

The Alter Rebbe rules that even in our time, if one was bound in chains and the like for a period of time, one needs to recite the blessing, because suffering is considered an injury.

In a case where a person was imprisoned with murderers and the like, according to all opinions he should recite the blessing after his release.

In Chassidic Teachings

The Rebbe expressed that a Jew and a prison are contradictory concepts that do not complement each other, and emphasized that in all Torah laws there is no punishment of imprisonment. From this we can learn about the great value of practical action and utilizing time. According to Torah, there is no concept of punishment and revenge, and all "punishments" in the Torah are only meant to bring about correction (and one who is not worthy of fulfilling his role - his punishment is death).

The purpose of prison is not for punishment but to bring a person to reflect on his actions and reach regret for the past and return to a proper and moral life path. Additionally, prisoners have special powers and a special mission, as can be inferred from the fact that Hashem arranged events in such a way that specifically they would withstand such difficult tests and conditions, a galus within galus, and they must use the opportunity to fulfill the special mission placed upon them. Similarly, one who has succeeded in emerging from this deep descent must thank Hashem for the new powers revealed within him, and this gratitude should be constant.

To people who served in prison service roles, the Rebbe wrote that they should transform the "beis hasohar" (prison) into a "beis hasohar" (house of light) and cause the prisoners to become like an illuminating "moon" and a living example of people with moral conduct.

Prison as a Metaphor

In the descent of the soul to the body, it is as if in a "prison" since it cannot depart and return to its source as it wishes, and it is forced to remain bound in a body that limits it. More specifically, until the time of Bar Mitzvah, a Jew is seemingly imprisoned by the yetzer hara, and only after becoming Bar Mitzvah and the yetzer tov enters him - he is freed from the grip of the yetzer hara.

Similarly, the entire concept of galus is compared to a "prison" where Hashem is drawn to places and palaces of the sitra achra that are hated by Him, seemingly "against His will." However, the Rebbe distinguishes between "galus" and "imprisonment," where imprisonment is more severe and more restrictive, and the control is absolute and comprehensive. He concludes that the current galus is not considered a prison, and therefore when the geulah comes, there will be no need to bring a thanksgiving offering for leaving the galus.

"A Prisoner Cannot Free Himself from Prison"

In Chassidus, it is explained regarding the avodah of Rosh Hashanah, that since the entire essence of this day's service is drawing new vitality into the sefirah of Malchus, from which the inner vitality has departed, it is impossible to draw new vitality through speech alone, since "a prisoner cannot free himself," and therefore the action of shofar blowing is specifically needed.

Chabad Organizations Working with Prisoners

As part of the activities of the Rebbe's shluchim around the world, they also work with prisoners in jails, assisting them in various ways and channels - both in easing conditions to enable them to study Torah and fulfill mitzvos, obtaining kosher food, and providing legal and moral support.

Among the shluchim, some have established organizations and departments dedicated exclusively to this work, including:

• The Aleph Institute - directed by Rabbi Sholom Dovber Lipskar
• Review Out - directed by Rabbi Shmuel Spritzer

The Rebbe repeatedly emphasized caring for those in prison, both regarding bringing them holiday joy and necessities, especially during Chanukah, Purim, and Pesach, as well as regarding maos chitim and the like.

Imprisonments of Our Rebbeim

This section is incomplete. Please contribute to Chabadpedia and complete it. There may be details on the discussion page.

Our Rebbeim were imprisoned throughout the generations for their activities in spreading Yiddishkeit and Chassidus, and strengthening the residents of the Holy Land. The days on which they were released from prison became holidays of joy and redemption among Chabad Chassidim and the entire Jewish world. Following is a list of the imprisonments:

• Imprisonment and redemption of the Alter Rebbe - Isru Chag Sukkos - 19 Kislev 5559
• The second imprisonment of the Alter Rebbe
• Imprisonment and redemption of the Mitteler Rebbe
• Imprisonments of the Tzemach Tzedek
• Imprisonment and redemption of the Frierdiker Rebbe - 15 Sivan - 13 Tammuz 5687

See Also

• City of Refuge

Further Reading

• "Freeing Prisoners and Redeeming the Humble," Beis Moshiach Weekly, Issue 393, page 36

External Links

• Rabbi Sholom Ber Lipskar, "Love Without Boundaries," Toras Chaim Magazine No. 9, 30 Menachem Av 5775
• Rabbi Sholom Ber Lipskar, "Freeing - and Respecting - Prisoners," Toras Chaim Magazine No. 471, 15 Sivan, 5784
• "A group of prisoners passing before the Rebbe during dollar distribution" in JEM's weekly video magazine
• "The Jewish Leader Who Chose to Remain in Prison"
• "Religious Rights in Prison," 11 Tammuz 5751 • "Schools or Prisons?" 19 Kislev 5742