Rabbi Shimshon Hakohen Nadel

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 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

the Land is her body” (Chafetz Chaim al HaTorah to Shemot 13:8). Two-hundred two of our six-hundred thirteen mitzvot can only be performed on her soil! Twothirds of the Talmud is intimately tied to this land! Tradition teaches that Moshe longed to enter the Land of Israel because, “the People of Israel were commanded with many mitzvot that can only be observed in the Land of Israel” (Sotah 14a).

Aliyah today is a reality. And it is easier to make Aliyah today than it was even ten years ago

According to the Midrash, the sole purpose for observing mitzvot in the Exile is practice, “so that when you will return [to the Land], they will not be new to you.” The Midrash provides a parable:

“A king of flesh and blood grew angry with his wife and sent her back to her father’s home, saying to her, ‘Be sure to continue to wear your jewelry so that when you return, they will not be new to you.’ Thus the Holy One Blessed Be He said to Israel: ‘My children, continue to be marked by the commandments, so that when you return they will not be new to you.’ Hence Jeremiah says, ‘Set up road marks.’ These are the mitzvot by which Israel is marked” (Sifrei, Eikev 43).

The true place for the performance of mitzvot is the Land of Israel. Here the Torah lives and breathes in its natural habitat. A Unique Moment in History

In considering the mitzvah of living in the Land of Israel, one must also consider the unique time in history in which we live. For almost two-thousand years it was nearly impossible to live in the Land of Israel. Even visiting was fraught with challenges. Writing two hundred years ago, the Chatam Sofer felt that “one has more of an obligation to make Aliyah in our times,” given the change in circumstances (Yoreh De’ah, no. 233). With the establishment of the State of Israel, the obligation of Aliyah, has only intensified (See Tzitz Eliezer 7:48:12).

Aliyah today is a reality. And it is easier to make Aliyah today than it was even ten years ago. This new reality must also be a factor in the ‘halachic debate.’ Aliyah is a mitzvah that is especially relevant to this generation, given the unprecedented opportunity we have.

Appreciating the importance of the mitzvah of dwelling in the Land of Israel, Rav Ya’akov Emden asks a difficult question:

“In truth, it is astounding how Holy Israel, who are so stringent upon themselves in the observance of the many detailed mitzvot, to perform them with much exactingness, who spend so much money and effort in order to perform them in the most complete way - why with irreverence and negligence do they fail to perform this beloved mitzvah, a peg upon which the whole Torah hangs?” (Siddur Beit Ya’akov, Sulam Beit El, no. 6).