SHOFTIM
by Rabbi Moshe D. Lichtman
PERMANENT PROPERTY
You shall not move your fellow man’s boundary, which the earlier ones
established, in your inheritance that you shall inherit, in the Land that the Lord,
your God, gives you to possess it. (19:14)
The Midrash (Sifrei) comments:
What does this verse teach us? Does [the Torah] not already state, You shall not steal?
Rather, it teaches that anyone who uproots his friend’s border transgresses two negative
commandments. One might assume that this applies outside the Land (in Chutz LaAretz)
as well. Therefore, it says, In your inheritance that you shall inherit, in the Land: In
Eretz Yisrael a person transgresses two negative commandments; in Chutz LaAretz he
transgresses only one [i.e., You shall not steal].
That is to say, this particular prohibition against stealing land (hasagat gevul) – one of the
613 mitzvot – simply does not apply outside the Land of Israel. Actually, there are many such
mitzvot; and I am not only referring to the obvious ones, like terumot, ma’asrot, and the other
agricultural mitzvot. Rather, many mitzvot that seemingly have nothing to do with the Land,
apply only there. Furthermore, many sources indicate that all of the mitzvot are really meant
to be kept in the Holy Land. (See Toldot, “Home of the Mitzvot”; Eikev, “Practice Makes
imperfect.”)
What is most interesting, however, is the Torah Temimah’s commentary on the above-cited
Midrash. He writes:
It seems to me that the reason for this [why hasagat gevul applies only in Eretz Yisrael]
is simple. In Eretz Yisrael, everything a person owns belongs to him in an absolute
sense, for all generations. In Chutz LaAretz, on the other hand, [where we are] in exile
among the nations, a Jew does not have absolute rights to his land. Therefore, [if one
steals someone else’s land] we cannot call it true hasagat gevul. Instead, [the land] is
considered mere chattel (moveable property), over which a person transgresses [the
prohibition of] You shall not steal.
The lesson, I believe, is obvious: Our only true and permanent homeland is Eretz Yisrael.
Unfortunately, this lesson has been learned the hard way throughout our tumultuous history in
exile, especially during the most recent calamity that befell our people (the Holocaust). Let
us hope that from now on we will learn it the easy way – through the words of our venerable
Sages.
JEWISH SOVEREIGNTY IN THE LAND
When you come to the Land that the Lord your God gives you, and you possess it
and dwell in it, and you say, “I will set a king over myself, like all the nations that
surround me.” You shall surely set over yourself a king, whom the Lord your God
shall choose; from among your brethren you shall set a king over yourself; you may
not place over yourself a foreign man, who is not your brother. (17:14-15)
Chazal learn from these verses that it is a mitzvah to appoint a king: “The people of Israel
were commanded [to perform] three mitzvot upon entering the Land: to appoint a king, to
destroy the descendants of Amalek, and to build the Beit HaBechirah [the Holy Temple]”
(Sanhedrin 20b, see also Rambam, Melachim 1:1). There is much debate among
contemporary halachic authorities as to the status of the State of Israel and its government. Is
a democratically elected government considered kingship in some way? Is there a problem
with the fact that many members of the Kenesset are irreligious, or even non-Jewish? It is
certainly not my intention to try to answer these complicated questions. However, I would
like to share a few interesting exegetical interpretations on the above-cited verses that may
shed some light on this issue.
The Netziv (Ha’amek Davar) is bothered by the expression “And you say, I will set a king
over myself…” This seems to imply that appointing a king is not an absolute command, but
something that depends on the will of the nation. This is difficult in light of the above-cited
Gemara (“Three mitzvot”). Therefore, the Netziv writes:
The explanation seems to be as follows: A state can be governed in different ways, either
according to a monarchy or according to the will of the nation and its chosen
representatives. Some states cannot tolerate a monarchy, while others are like “a ship
without a captain” without a king. This [decision] cannot be made by a compulsory
positive commandment, for governing the public involves life and death issues, which
supersede positive commandments. Therefore, it is impossible to give an absolute
command to appoint a king, until the nation agrees to bear the burden of a monarch, after
seeing that the surrounding states have a better system of governance. Then, the
Sanhedrin has a positive commandment to appoint a king… It is certainly a mitzvah, but
the Sanhedrin is not commanded to appoint a king until the nation says they want this
type of leadership. This is why there was no king during the three-hundred-year period
that the Mishkan stood in Shiloh, because the people did not agree to it.
According to this understanding, a democratically elected government is a legitimate
substitute for a monarchy. However, there are other problems. The Sifrei states:
WHOM THE LORD YOUR GOD SHALL CHOSE – through a prophet. FROM YOUR MIDST – but not
from Chutz LaAretz. YOUR BRETHREN – not others… YOU MAY NOT PLACE OVER YOURSELF
A FOREIGN MAN – This is a negative command. A FOREIGN MAN WHO IS NOT YOUR BROTHER –
based on this, [the Sages] say that one may not appoint a leader over the community
unless his mother is Jewish.
Unfortunately, we do not have prophets today, and some of the members of the Kenesset
are not Jewish. Furthermore, what is the meaning of “Not from Chutz LaAretz”? R. Zalman
Sorotzkin deals with these issues in his commentary, Oznayim LaTorah:
FROM AMONG YOUR BRETHREN YOU SHALL SET A KING OVER YOURSELF: When prophecy ceases
and the question of kingship arises, you should choose a king who fulfills the following
criterion: FROM AMONG YOUR BRETHREN (wellborn, who lives in Eretz Yisrael – Sifrei –
for one who dwells in Chutz LaAretz is like one who has no God, and how could he
reign over the holy Jewish people?). He should not be A FOREIGN MAN, WHO IS NOT YOUR
BROTHER. This does not refer to an actual Gentile, for how could the Jewish people
appoint a king from among the nations of the world?! Rather, [it means] one who is
estranged from the spirit of Israel and its Torah, as it goes on to explain – who is not your
brother. This seems superfluous, God forbid, for if he is a foreigner, obviously he is not
your brother! Rather, [it refers to] one whose deeds are estranged from Heaven, and
he is not your brother in terms of mitzvot. Behold, Yonatan ben Uziel translates נכרי…
here as “a secular man.” That is, someone who does not act according to the ways of the
Torah, lest he sway the hearts of the Jews away from HaShem…
In other words, when you return to the Land and you need to set up a government, and
there are no prophets to help you, make sure that the people you appoint are religious, God-
fearing individuals.
Prior to the 1992 elections here in Israel, my Rosh Kollel, HaRav Uri Cohen shlita, gave a
shiur on this topic. He first asserted that everyone is obligated to vote, because electing a
government is a fulfillment of the mitzvah of appointing a king. Then he concluded that one
may vote for whichever party he desires, as long as it is a religious one. I don’t remember all
the sources he quoted, but this Netziv and Oznayim LaTorah certainly concur with his words.
Many people cite the fact that irreligious Jews run the State of Israel as a reason not to live
here. In my opinion, that is ludicrous and nothing more than a cop-out. If these people were
really concerned, they would davka come to help improve the situation. Could you imagine
what an impact a mass immigration of religious Jews would have on the Israeli political
scene? Instead of a quarter of the Kenesset being religious (Baruch HaShem), half of it would
be religious. We might even be able to elect a religious Prime Minister. Then, there would
be no concern of anti-religious laws being passed in the Jewish State. As things stand now,
however, an Arab living in East Jerusalem has more of a say on the future of the Jewish
Homeland (and consequently the Jewish people) than an observant Jew living in
Borough Park, Monsey, Teaneck etc.
So next time there are elections in Israel, consider the fact that you may be passing up not
only a mitzvah, but an opportunity to truly make an impact on Jewish history.
ADDITIONAL REFERENCES
Righteousness, righteousness shall you pursue, so that you may live and take possession of
the Land that the Lord your God gives you (16:20).
SO THAT YOU MAY LIVE AND TAKE POSSESSION: Appointing worthy judges is sufficient
[merit] to keep Israel alive and settle them in their Land. (Rashi)
If there be found among you, in one of your gates that the Lord your God gives you, a
man or a woman who does what is evil in the eyes of the Lord your God, to transgress His
covenant, and he goes and serves other gods… You shall investigate well, and behold, it is
true, the matter is correct – this abomination was done in Israel… (17:2-4).
According to the way of truth [i.e. Kabbalah], it is possible [to explain] that [the verse]
mentions in one of your gates because it says, to transgress His covenant, referring to
the abomination that was done in Israel. The Torah informs us of the covenant in the
Land of the covenant, but one who lives outside the Land is as one who serves foreign
gods. (Ramban)
Rabbi Chayim Dov Chavel explains this cryptic Ramban as follows (quoting Rakanti’s Be’ur
HaLevush):
Eretz Yisrael is the jurisdiction and land of the covenant. Therefore, one who serves
foreign gods in Eretz Yisrael transgresses the covenant. In Chutz LaAretz, however, one
already abides in the shadow of foreigners, under the jurisdiction of [angelic] ministers,
and it is as if he worships idols even without [actually] doing so.
If a matter of judgment is beyond you… you shall arise and ascend to the place that the
Lord your God shall choose. You shall come to the Levite priests and to the judge who will
be in those days… You shall do according to what they will tell you from that place, which
the Lord will choose… (17:8-10).
YOU SHALL ARISE AND ASCEND: This teaches that Eretz Yisrael is higher than all other
lands, and [that] the Beit HaMikdash (Holy Temple) is higher than all of Eretz Yisrael.
(Sifrei)
See VaYigash, “Yeridah for the Sake of Aliyah”; Shemini, “Above the Rest.”
…to the place that the Lord will choose (18:6).
See Re’eh, “Additional References” 12:5.
When you come to the Land that the Lord your God gives you, you shall not learn to do
like the abominations of those nations. There shall not be found among you… a diviner, a
soothsayer, an enchanter, a sorcerer… (18:9-10).
What does the prohibition against sorcery have to do with Eretz Yisrael? Furthermore,
[the Torah] already warned us about sorcery, even including its punishment. The only
difference is that here it adds the positive commandment of You shall be perfect in faith
[with the Lord your God] (v. 13). Indeed, this explains the matter. Eretz Yisrael
receives its annual rainfall during a limited time period, and its inhabitants depend on
[that rain] for their sustenance. Hence, it is necessary to know when the rain will come,
so as not to miss or preempt the planting season. Now, the seven [Canaanite] nations
used to employ such information [gained from witchcraft], each in his own way.
Therefore, [God] warned Israel specifically, When you come to the Land… you shall not
learn to do… This verse is not coming to warn them not to become sorcerers, or the
like, themselves. Rather, [it is saying] that they should not teach the heathens in their
midst to do [these practices], so that they may know what the future will bring. This
concurs with Chazal’s teaching “You may learn in order to teach [your children not to
follow these practices].” Clearly, it is forbidden to learn in order to teach the heathens
how to do these things… (Ha’amek Davar)
The Lord your God will establish for you a prophet from your midst, from your brethren,
like me [Moshe]; to him you shall hearken (18:15).
“FROM YOUR MIDST: but not from Chutz LaAretz” (Sifrei). For when the Jews entered
Eretz Yisrael, prophetic inspiration ceased outside the Land, as the Mechilta explains, at
the beginning of Parashat Bo. (Torah Temimah)
When the Lord your God will cut down the nations whose Land the Lord your God gives
you, and you will dispossess them and dwell in their cities and in their houses, you shall
separate for yourselves three cities in the midst of your Land, which the Lord your God gives
you to possess it. You shall prepare for yourselves the way, and divide into three the border
of your Land, which the Lord your God causes you to inherit; and it shall be for any
murderer to flee there (19:1-3).
After [the Torah] finished explaining the issue of the soothsayers who existed in the
Land, whose [practices] are a form of idolatry, it warned [the Israelites] not to spill
innocent blood in the Land. The reason being, so that the Land will be pure from the
abomination of the soothsayers and untainted with innocent blood. (Ibn Ezra)
If the Lord your God will widen your border, as He swore to your forefathers, and He will
give you all the Land that He spoke to give to your forefathers – when you will be careful to
do all these commandments that I command you today, to love the Lord your God and to walk
in His ways forever – then you shall add three more cities to these three. So that innocent
blood shall not be shed in the midst of your Land that the Lord your God gives you as an
inheritance… (19:8-10).
This section [refers to] the future… At first it says, When the Lord your God will cut
down the nations whose Land the Lord your God gives you (v. 1). [The phrase] “The
nations whose Land the Lord your God gives you” alludes to the seven [nations]
mentioned throughout [the Torah]… [In this verse], God commands that after [the
Israelites] conquer and settle the lands [of these nations], they shall separate three cities
[of refuge], thus completing the mitzvah, as it says, There shall be six cities of refuge for
you. [Immediately afterwards] it says, You shall assign three cities on the other side of
the Jordan, and you shall assign three cities in the Land of Canaan (BeMidbar 35:13-
14). The Torah does not command [to separate] more than these six cities. Similarly,
the obligation to keep all the mitzvot that apply [only] after conquest and settlement
begins after the conquest of these seven nations. Regarding this mitzvah alone [our verse
above], the Torah adds, If the Lord your God will widen your border. It does not say, As
He spoke to you, as it says in reference to [the permission to eat] unconsecrated meat…
[see Parashat Re’eh 12:20]. For HaShem only promised [the Israelites] that He would
give them [the lands of] these seven nations. Here, however, it mentions the Patriarchs:
If the Lord your God will widen your border, as He swore to your forefathers, and He
will give you all the Land that He spoke to give to your forefathers. This alludes to [the
lands of] all ten nations that were promised to Avraham, and [the Torah] makes a
stipulation here: When you will be careful to do all these commandments…
Now, it is clear that [the Jews] will not be able to conquer the seven nations if they
violate the Torah, as it says many times… If so, what is this stipulation that [the Torah]
makes exclusively in regard to the three nations: If the Lord your God will widen your
border… when you will be careful to do all these commandments? The answer is:
HaShem, may He be blessed, wanted to bestow [the lands of] the seven nations, which
He promised [the Jews] in Egypt and in the Wilderness, during the days of Moshe and
Yehoshua, for He knew that they had enough merit for this. Therefore, He obligated
them in all the mitzvot connected to the conquest of these [lands], including the six cities
of refuge, and Yehoshua [actually] designated them. With regard to the three remaining
lands, however, He made a stipulation: When you will be careful to do all these
commandments… to love the Lord your God and to walk in His ways. That is to say,
that all the Jews will keep the entire Torah. And no [other] mitzvah depends on this,
except these [additional] three cities [of refuge].
But why does it say, When you will be careful… to walk in His ways forever, then you
shall add three more cities? Who knows what will be afterwards, forever?… [The
answer is]: When you are privileged to observe all the mitzvot, to love HaShem
completely and forevermore – [meaning], when it will be clear to God that you will
never sin again – then, He will widen your borders and give you the [lands of] all the
[ten] nations. This will occur during the time about which it says, The Lord your God
will circumcise your heart and the heart of your descendants (30:6). [The phrase] “The
heart of your descendants” refers to all future days, as it says in the Prophets, I will give
them one heart and one path, to fear Me all the days, for their good and [for the good] of
their children after them. I will make an everlasting covenant with them, that I will
never turn away from them, to do good to them; and I will place My fear in their hearts,
that they may not turn away from Me (Yirmiyah 32:39-40). Then, when [HaShem]
makes an everlasting covenant with them, they will designate these three cities [of
refuge]. (Ramban)
See also Parashat Re’eh, “Additional References” 12:20-21.
But from the cities of these nations, which the Lord your God gives you as an inheritance,
you shall not keep any soul alive. Rather you shall utterly destroy them… (20:16-17).
See Parashat Eikev, “True Thanksgiving,” where we quoted the Avnei Neizer as saying
that this commandment (You shall utterly destroy them) is a possible source for the mitzvah of
Yishuv Eretz Yisrael. The following is a direct quote from his responsa:
The purpose of the commandment “You shall utterly destroy them” is so that we may
dwell in the Land. After all, Yehoshua sent letters [to the seven nations, saying,]
“Whoever wants to leave, let him do so.” The Girgashite picked up and left, and
[Yehoshua] did nothing to them, [showing that the primary goal of this mitzvah is not to
destroy the nations, but to free the Land of foreigners so that we may dwell there].
Therefore, [the Rambam] did not count You shall utterly destroy them and Yishuv Eretz
Yisrael as two [separate mitzvot]. Rather, he counted only the commandment of You
shall utterly destroy them [for it includes the other one]. (Teshuvot Avnei Nezer, Yoreh
De’ah 454)
If a corpse be found on the Land that the Lord your God gives you to possess it, fallen in
the field, and it is unknown who killed him… (21:1).
[THE LAND THAT THE LORD YOUR GOD] GIVES YOU: This excludes Chutz LaAretz.
(Yerushalmi, Sotah 9:1)
[THE LAND THAT THE LORD YOUR GOD] GIVES YOU: This includes the other side of the Jordan.
