Torah Commandment to Live in Israel
By HaRav Shmuel Eliahu, Chief Rabbi of Tzfat.
Many people have left the Land of Israel during the past three years. Most of them are not Jews, but non-Jews who immigrated under the Law of Return in order to escape from countries that were once part of the Soviet Union. They did so in order to receive the Israel Government’s absorption funds, and when a small difficulty arose – they abandoned the Land. Blessed is He Who freed us from responsibility for them.
Unfortunately, there were also Jews who left. All Halachic authorities agree that it is forbidden for a Jew to leave the Land of Israel to dwell elsewhere (Responsa Igrot Moshe, Even HaEzer, Part I, §102).
What is the Halachah regarding Aliyah? Most halachic authorities, nearly all of them, hold that there is indeed an obligation to ascend to the Land even today.
The Obligation of Aliyah – Even When It’s Hard
We learn about the obligation of Aliyah in several ways. One way is from Hashem’s command to Abraham “Lech lecha.” We derive from this that a person must ascend even when it is difficult. At the same time, Hashem also blesses Avraham with children, livelihood, and a good name: “And I will make you into a great nation, and I will bless you, and I will make your name great, and you shall be a blessing” (Bereshit 12). Rashi explains: “This is because the journey causes three things: it diminishes procreation, diminishes wealth, and diminishes reputation; therefore he needed these three blessings — promising him children, wealth, and fame.”
The Example of Avraham is Sign for Those Who Make Aliyah
Indeed, Avraham suffered during his ascent from famine, from lack of children, and from having no name, supporters, or friends. The kings of the land viewed him as a stranger and thought it permissible to seize his wife Sarah from him. But at the end of the journey, all three blessings were fulfilled in Avraham in a plentiful manner.
He had Yitzhak, he became very wealthy in silver and gold, and most importantly, he was regarded as “a prince of God among the nations.”
The actions of Avraham are a sign for those who make Aliyah to Israel: at first they will have difficulties, but in the end, the blessing will surely come.
Ezra Ascends to the Land of Israel Despite Danger
The Talmud teaches that what happened to Abraham happens to all olim:
“It was taught: Rabbi Shimon bar Yochai says — three good gifts the Holy One, Blessed Be He, gave to Israel, and all of them He gave only through suffering; and these are: the Torah, the Land of Israel, and the World to Come” (Berachot 5a).
The return of the Jews to Eretz Yisrael at the time of the Second Temple was filled with hardship, as the Prophet describes:
“Then I proclaimed there a fast, by the river Ahava, to afflict ourselves before our God, to seek of Him a straight way for us, and for our little ones, and for all our substance. For I was ashamed to ask of the king a band of soldiers and horsemen to help us against the enemy in the way; for we had spoken unto the king, saying: ‘The hand of our God is upon all who seek Him for good, and His power and His wrath are against all who forsake Him.’
So we fasted and sought our God for this, and He was entreated of us” (Ezra 8)
Despite the danger and despite having to place children in danger, they did not refrain from making Aliyah to the Land of Israel.
Do We Make Aliyah When There Is Danger?
At first glance, halachically, one should not ascend when there is danger. But from Avraham and Ezra the Scribe we learn that one ascends to the Land even in times of hardship and danger.
Some raise a question based on what is ruled in the Shulchan Aruch, that when there is danger, a husband and wife cannot compel one another to make Aliyah (Even HaEzer 75): “There are those who say that the rule that one can compel the other to ascend to the Land of Israel applies only when it is possible without danger.”
The Beit Yosef cites its source from Responsa Rashbash §1. Similarly, Tosafot writes that in a time of danger one cannot compel another to ascend (Ketubot 110b).
No Compulsion – But a Great Mitzvah to Ascend
The Pitchei Teshuvah (Even HaEzer 75) explains that one cannot compel a spouse to ascend during danger, but a person may choose to ascend even when there is danger:
“Even the great halachic authors who wrote in times when there were great dangers along the routes, only stated that one should not compel a person’s wife; but whoever wishes to travel himself — no one should prevent him, for his heart is whole and trusting in God, for ‘he who keeps a mitzvah shall know no evil.’”
And indeed, we see that the Beit Yosef himself ascended to the Land of Israel. So too did the Arizal and the great sages of his generation as with the Or HaChaim HaKadosh. These things are well known.
Rabbi Yaakov Emden’s View
Rabbi Yaakov Emden wrote in the introduction to his Siddur Beit Yaakov (§13):
“We must exert ourselves to ascend whether in a carriage, wagon, or ship, to the desirable Land, and the rain or snow should not prevent us from going to the place of Divine service. There is no valid claim based on danger, etc. The dangers of desert and sea are not considered danger for this matter.”
The View of Rabbeinu Chaim – Most Authorities Did Not Agree With Him
In the time of Tosafot, there was an opinion that during the Exile there is no mitzvah to ascend to the Land.
Tosafot cites the view of Rabbeinu Chaim: “Know that now it is not a mitzvah to dwell in the Land of Israel, because there are many commandments dependent on the Land and many punishments [for neglecting them], and we are unable to be careful about them and uphold them.”
The Pitchei Teshuvah (Even HaEzer 75, sub-section 6) writes that neither the Shulchan Aruch nor the Rambam agrees with this, for both brought the law that a husband or wife may compel the other to ascend — and neither mentioned the opinion of Rabbeinu Chaim.
“It is clear from all the halachic authorities, early and later, who wrote that one compels the wife to ascend with him, as the Mishnah states plainly — therefore, certainly they do not hold like Rabbeinu Chaim.”
Likewise, the Ba’er Heitev wrote: “From the Rosh, the Agudah, and the Tur, it is implied that there is a mitzvah even in our time.”
Furthermore, Pitchei Teshuvah adds:
“The Ritva, in his responsa (§28) and in his commentary to Ketubot, proved that some mistaken student wrote this in the name of Tosafot — thus the opinion is not reliable at all, and he (the Ritva) is correct. So too wrote the author of Netivot Mishpat. Therefore, all generations are equal regarding the fulfillment of this mitzvah.”
If Merchants and Travelers Go – It Is Not Considered Danger
The test for whether spouses can compel each other depends on the level of danger. It is clear that every journey involves some risk. When the Sages established that one may compel a spouse to make Aliyah, they already took into account the normal dangers of travel in their days. The only question is extraordinary danger. How is that measured? By the custom of merchants.
“The Mabit already wrote (Part II, §216) that the general rule is: when all merchants are not refraining from traveling to Eretz Yisrael — one may compel, etc.”
As for concern about the children, one should not fear danger:
“And the Rabbis who dwell on the islands of the sea wrote that their eyes have seen daily travelers by sea to the ends of the earth with small children, etc.”
Do Not Obey a Rabbinical Court or Parents Who Forbid Making Aliyah
Therefore it seems that even if the local rabbinical court decrees not to travel (to the Land of Israel) for the reasons mentioned (because of danger), one may rely on those whose eyes have seen otherwise, for ‘what we have not seen is no proof.’ This is like a court ruling that the sun has set when we clearly see it still shining – such a ruling is invalid. And if one hesitates out of respect not to defy the court, the Mabit (§139) already wrote that a child needn’t pay heed to parents who oppose his decision to make Aliyah:
“There is no obligation in this matter (regarding liyah) even regarding honoring one’s father and mother which is the greatest of all (if the parents oppose their child’s desire to make Aliyah) — all the more so concerning decrees of a rabbinical court.”
Indeed, Rabbi Zeira himself slipped away from his teacher, Rabbi Yehuda, in order to ascend to the Land of Israel (Pitchei Teshuvah, ibid.).
[To be continued…]
