MEDINA & HALACHA BY RABBI SHIMSHON HAKOHEN NADEL Mara D'atra, Kehilat Zichron Yosef, Har Nof OU Israel Faculty
The Mitzvah of Settling in the Land of Israel – Part 6 The Unique Nature of the Mitzvah While many Torah authorities conclude that settling in the Land of Israel is a Torah commandment, some question the nature of the mitzvah. Rav Moshe Feinstein considers Aliyah to be the fulfillment of a mitzvah, but not an “obligatory mitzvah” (Igrot Moshe, EH 1:102). Comparing Aliyah to the mitzvah of Tzitzit, he argues that while wearing Tzitzit fulfills a mitzvah, it is not an obligation unless one is wearing a four-cornered garment. Similarly, writes Rav Moshe, one who makes Aliyah fulfills a mitzvah, but those who do not are not in violation of failure to perform a positive command. The point has been made, however, that while many authorities over the centuries have discussed the mitzvah of Aliyah, none have made the distinction between it being an ‘obligatory’ mitzvah or a ‘voluntary’ mitzvah. This would indicate that they indeed believe Aliyah is a requirement, just 46
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like any other mitzvah (See Tzvi Glatt hy”d, Me’afar Kumi, p. 84). The Centrality of Eretz Yisrael Even one who does not consider the mitzvah of Aliyah to be a formal ‘obligation,’ must admit the importance and significance of living in Israel. According to our Sages it is a mitzvah “equal to all of the mitzvot of the Torah” (Sifrei, Re’eh 80). As we discussed at length in Part 2, much ink has been spilled in trying to explain why Rambam does not include this mitzvah as one of the 613 mitzvot in his Sefer HaMitzvot. One explanation is that this mitzvah is so fundamental - so basic - it need not be included. It is a mitzvah, which includes many other mitzvot. And per the introduction to his Sefer HaMitzvot, Rambam does not count mitzvot “which encompass the entire Torah or [include] many mitzvot.” This mitzvah need not be stated explicitly, as all of the other mitzvot in the Torah are predicated upon it (See the opinion of Rav Avraham Yitzchak Kook, cited in Rav Shlomo Goren, Torat HaMoadim, pp. 40-42. See also Tzitz Eliezer 7:48:12). The Land of Israel is central to Torah observance. Hashem placed us on this land to fulfill His will. The Chafetz Chaim wrote, “The soul of Israel is the Holy Torah but
