It is a Mitzvah to Live In Israel (part 13a of 14)

1) Is there a pasuk in the Torah that gives Jews a commandment to live in Israel?

Yes.

BaMidbar 33:53

You shall possess והורשתם the Land and dwell וישבתם  in it, for to you have I given the Land to possessלרשת  it.

Ramban, BaMidbar 33:53

In my opinion, this is a positive commandment מצות עשה, commanding the Jewish people to dwell in the Land and take possession of it…And if they would consider conquering and settling…any other land, they would transgress HaShem’s commandment…Here is where we were  commanded to keep this mitzvah, for this verse constitutes a positive commandment. 

2) Does the Torah allow us to make peace treaties with the Arabs and allow them to stay in Israel? Does G-d allow us to live in peace with non-Jews in Israel.

No. Rather, G-d teaches us that as long as Arabs are living in Israel we will never be able to live in peace or dwell in the land.

Rashi, BaMidbar 33:53

…”You shall possess the Land” you shall dispossess its inhabitants. Then, “You shall dwell in it” meaning, you will be able to survive there. BUT if not, you will NOT be able to survive there…

3) Can one’s spouse or a Canaani slave force a Jew to make Aliyah?

Yes! Both Men and Women and slaves Jewish/Canaanite have an obligation to live in Israel.

Talmud Bavli, Kesubos, 110b

Mishnah: everyone may cause others to ascend מעלים to Eretz Yisrael and not everyone may bring others out of the Land…

Gemara:…It comes to include slaves…one may force his or her partner to ascend from a nice dwelling in Chutz LaAretz to a bad dwelling in Eretz Yisrael… 

Rabeinu Nissim, Kesubos 65b (Rif)

…the slave may force his master to bring him up to Eretz Yisrael, because the slave is obligated to keep all the mitzvos that Jewish women must keep, and they too are commanded to settle the Land.

4) If the Talmud believes that there is a mitzvah to settle in Eretz Yisrael, why does it not say so explicitly?

The way of Rav Yehuda HaNasi is to first begin teaching the Halacha that emerges from the mitzvah of Aliyah, rather that starting with the essential obligation of the mitzvah Aliyah. This is the similar style to learning about the obligation of saying the Shema.

Responsa Tzitz Eliezer, volume , section 48, chapter 12

…the actual mitzvah of Aliyah…Rabbi Yehuda HaNasi wanted to inform us in his Mishnah at the end of Kesubos how great the mitzvah of immigrating to Eretz Yisrael is, that a husband may force his wife and family members in this regard, and vice versa…regarding the Mitzvah of Aliya, we must say that the Tana is coming from the verse in Parshas Masei which states, “You shall possess the Land והורשתם and dwell in it וישבתם, for to you have I given the Land to possess it” (Bamidbar 33:53).

5) Are there minority Rabbi opinions, that there is no mitzvah to live in Israel?

Yes, a minority opinion says there is not mitzvah nowadays to live in Israel. Their reasoning, logic and arguments are very weak and not applicable today. The roads to Israel are not dangerous and we don’t drive nowadays, we fly on a very safe airplane. We have over 100 years’ experience of keeping the laws and Halachos of Eretz Yisrael carefully and property. We have entire Chareidi Torah communities who are fully observant in all of the Torah and mitzvos of Eretz Yisrael. Rabbeinu Chayim’s excuses have been proven to be false.

Tosfos, Kesubos, 110b

…This law [to live in Israel] does not apply today, because the roads are dangerous. Rabbeinu Chayim used to say that there is no mitzvah nowadays to dwell in Eretz Yisrael, because there are several mitzvos dependent on the Land, which entail several punishments, and we are unable to keep them carefully or fully grasp them.

Responsa Mabit, volume 2, section 216

…The only time one cannot force another to go up to Eretz Yisrael is when there is a recognized danger on the roads…

Siddur Beis Yaakov, Sullam Beis El 3:6

We must exert great effort and ascend by chariot, wagon, or raft to the desirable Land [of Israel]…The argument of danger is not relevant…and they cannot exempt one from fulfilling such a great mitzvah, which saves and protects a person.

Yosef Ometz, section 52 (Chida)

It is possible to say that even Rabbeinu Chayim holds that there is a mitzvah, even nowadays, to dwell in the Land of Israel…Rebeinu Chayim’s words were said regarding his era alone…Nowadays, however, these matters [Halacha of Eretz Yisrael] were settled…

Responsa Avnei Neizer, Yoreh Deah 454:4 (Avraham Bornsztain, Sochatchover Rebbe)

Rav Chayim, quoted by Tosafos, wrote only because we cannot be careful about the Eretz Yisrael mitzvos, but IF we can, it is surely a mitzvah to dwell in the Land of Israel.

Knesset HaGedolah, Beit Yosef, Even HaEzer 75:25

The author of the Shulchan Aruch, Rav Yosef Caro, did not mention this viewpoint of Rav Chayim. It seems that he believes that all the poskim, the Rif, Rosh, Tur and ALL the Acharonim who recorded this Halachah, regarding forcing Aliyah and cited the Beraisa as the final halacha, disagree with Rav Chayim HaCohen. 

Shnei Luchos HaBrit, (Shla HaKadosh) Shaar Haosiyos, Letter Kuf – Kedushas HaMakom

…all of these laws apply today…Therefore, Tosafos statement in the name of Rav Chayim that there is no mitzvah to dwell in Eretz Yisrael today…is an isolated opinion דברי יחיד. Besides which, Rabbeinu Chayim’s reasoning is unsound לא מסתברא טעמיה. About such things it says, For the ways of Hashem are straight, and the righteous will walk them and the sinners ופשעים will stumble over them יכשלו בם” (Yehoshua 14:10)…fortunate is the one who sanctifies himself and fulfills…terumos, maasros and sheviis. Furthermore, Rabbeinu Chaim’s claim that we are unable to be careful in regard to the mitzvos of Israel, is incomprehensible to me. Why can’t we be careful? Who is stopping us? Therefore, one need not pay attention to these words of his.

…fortunate is the one who is privileged to arrive there in Israel without any danger and how good it his lot to dwell in the shadow of G-d in the gate of Heaven.

Responsa Maharit, volume 2, Yoreah Deah 28

…It seems to me that Rav Chayim’s opinion is not part of the original Tosfos…Rav Chayim’s statement is astounding. A person…can fulfill…leket, shichichah and peah and be careful…who is stopping him?…I also found in the Responsa Maharam section 199… “…there are people who try to distinguish between the present era and the Temple period, I must explain that no such distinction should be made…” This teaches that the words of Rav Chayim are not part of the original Tosfos…Tosfos statement that there is no mitzvah to dwell in Eretz Yisrael is a student’s annotation הגהת תלמיד and is NOT reliable at all.

6) Why did Rambam not include living in Eretz Yisrael as a mitzvah in his list of the 613 mitzvos?

It is clear to anyone who reads the words of the Rambam, that he considers it a mitzvah and an obligation for every Jew to live in Eretz Yisrael. According the Ramban it was an error on his part to leave it out. Others explain that it’s a technical issue of enumeration the mitzvos because other mitzvos that the Rambam enumerate clearly assume it’s a mitzvah and obligation to live in Israel.

Ramban’s Annotations to Sefer HaMitzvot, Positive Commandment 4

The fourth mitzvah that the Rambam forgot to count is: that we are commanded to take possession of the Land that G-d May He be exalted , gave to our forefathers Avraham Yitzchak and Yaakov. And we must not leave it in the hands of any other nation, nor may we let it remain desolate. The Torah source for this is  what G-d said to them:”You shall possess the Land and dwell in it, for to you have I given the Land to possess it, and you shall divide the Land as an inheritance” (BaMidbar  33:53-54)…they should not abandon any part of it. 

7) Was the mitzvah to wage war and conquer territory in Israel still applicable today? Or was this only relevant to the milchemet mitzvah during the time of Yehoshua bin Nun?

This mitzvah of conquest and settlement of Israel is very relevant even today.

Ramban’s Annotations to Sefer HaMitzvot, Positive Commandment 4

…Do not become confused and say that this mitzvah is the mitzvah to wage war against the seven nations, whom we are commanded to destroy…This is not true, for we are commanded to kill the members of those nations when they fight against us…We will not, however, leave the Land in their hands or in the hands of any other nation, in ANY generation…we are commanded           to enter the Land, conquer the cities and settle our tribes there…this mitzvah is fulfilled by conquering כבוש…”Every place where the sole of your foot will tread will be yours” (Devarim 11:24)…”You will dispossess nations that are greater and mightier than you” (Devarim 11:23)…This shows that we are commanded to conquer the Land in ALL generations…

…Therefore, it is a positive commandment for all generations, obligating every one of us, even during the period of exile…Dwelling in Eretz Yisrael is equal to all the mitzvot.

 8)  Why when renting a house in the USA he can wait 30 days (according the Rambam); but when renting a house in Israel a Jew must put up a mezuzah immediately?

This is in order to ensure that Israel is always settled by Jews.

Mishneh Torah, Hilchos Mezuzah 5:10

…one who rents a house in Chutz LaAretz…is exempt from putting up a mezuzah for thirty days. However, one who rents a house in Eretz Yisrael is obligated to put up a mezuzah immediately.

Rashi, Menachos 44a

…he will hardly vacate it, because of the trouble of acquiring another mezuzah. And even if he vacates it, another Jew will rent in no time, when he [a Jew] finds that it [a house] is ready with a mezuzah. Consequently, Eretz Yisrael will be settled.

9) Is a Jew allowed to raise small animals (sheep and goats) in Israel where there are fields and vineyards?

No! Because these types of animals destroy the fields and we have an obligation to settle Israel; not destroy the land.

Mishneh Torah, Hilchot Nizket Mamon 5:1-2

…the Chachamim forbade one to raise small animals בהמה דקה וחיה דקה in Eretz Yisrael, in areas where there are fields and vineyards, permitting it only in the forests and deserts of Eretz Yisrael…

            Rashi, Bava Kama 79b

One may not raise small animals in Eretz Yisrael – because of Yishuv Eretz Yisrael, for such animals destroy the fields, and all the fields of Eretz Yisrael are assumed to belong to Jews. 

10) Is a Jew allowed to leave Israel for vacation, wedding, bar-mitzvah, visiting family etc.?

According to the Talmud and psak of the Rambam – no! There are only five leniencies listed allowing a Jew to leave Israel. However, even relying on these leniencies is not what a pious מדת חסידות Jew would do. Machlon and Kilyon were the great rabbis הדור  גדולי of their generation (during the time of Rus) and they had a leniency to leave Israel; they left Israel. They subsequently they died in Chutz LaAretz because they left Israel.

Mishneh Torah, Hilchot Melachim, chapter 5, (9)

It is forbidden to leave Eretz Yisrael and go to Chutz LaAretz, except to learn Torah, to marry a woman, or to save one’s possessions from the gentiles. And on the condition that he will return to the Land. One may also leave for business, but to leave in order to dwell in Chutz LaAretz is forbidden…Even though it is permissible to leave, it is not a pious חסידות quality to do so. After all, Machlon and Kilyon were two of the generation’s greatest men, and they nonetheless deserved annihilation before G-d.