Judaism |
Kislev 6, 5770 / November 23, '09 | |
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Published: 01/25/09, 10:14 AM
The Torah on 'Disengagement'by Rabbi Eliezer Melamed It goes without saying... The Commandment to Settle the Land It is true that for many generations we have not merited the privilege of fulfilling this precept because we have lacked the military capacity needed to conquer and defend the land. Yet, as soon as such a capacity is achieved we are obliged to occupy the land. Hence, it goes without saying that it is prohibited to relinquish any part of the land to another people. It is clear that the commandment to settle the land overrides the possibility of any life-threatening danger to individual lives, for we are enjoined by the Torah to conquer the land - and war, by its very nature, involves loss of life. It follows that regarding the obligation to settle the land of Israel any posed threat to individual Jewish lives is not considered a deterrent (Minchat Chinnukh, 425). 'Do Not Allow Them to Reside in Your Land' Torah authorities, though, are divided over the question: To whom does this prohibition apply? Some hold that only a non-Jew who, before a court, professes faith in the God of Israel and takes upon himself to observe the seven commandments of Noah's descendants, is considered a Ger Toshav who is permitted to live in Israel. Others are of the opinion that even if one does not accept these responsibilities before a court, so long as he does not worship idols and upholds the seven Noahide laws, he is not prohibited from living in Israel. According to the latter opinion, good and amiable Muslims are permitted to live in Israel, because Islam does not embrace idolatry. Arabs, though, who are hostile towards us clearly do not fulfill the While it is true that some early authorities are of the opinion that the Biblical injunction, "Do not allow them to reside in your land" applies exclusively to the "seven nations" (Hittites, Girgashites, Amorites, Canaanites, Perizites, Hivites and Jebusites), the majority take it to apply to any Gentile who fails to uphold the seven laws of Noah's descendants. This being the case, according to the two main opinions brought above, it is forbidden for a ruling Jewish government to allow Arabs who refuse to accept Jewish sovereignty to live in Israel; and it goes without saying that it is forbidden to present them with land where they will be able to increase the number of non-Jews who do not uphold the Noahide laws. 'No Consideration' It follows that it is forbidden to give any portion whatsoever to Arabs who do not uphold the seven Noahide laws. Regarding this interdiction there is consensus among authorities that it applies to all non-Jews and not just to the "seven nations"; and if it is forbidden to sell them a single house, how much more so to give them large portions of the land of Israel. 'No Land Shall Be Sold Permanently' No ruler or government in the world has the right to displace even a single Jew from his home in the land of Israel. The Almighty God has given this land to the nation of Israel and every Jew has a portion in it. No government in the world wields the authority to steal the lot of even a single Jew, uprooting him from a home which he bought or built in accordance with the law. It follows that any agreement which calls for the eviction of Jews from their homes is prohibited. Incidentally, it is worth mentioning that according to the Ran (see Nedarim 28a) the rule dina d'malkhuta dina (Lit., "the law of the kingdom is the law"; a Halakhic principle which says that Jews must obey the laws of the state in which they live) applies in the lands of the exile alone. The reason for this is that in these countries the land is the property of the kingdom, and one is hence obligated to abide by the laws and ordinances of the country in which he resides. But, says the Ran, in the land of Israel, which belongs to the entire nation of Israel, there is no halakhically-based obligation to comply with the laws of the government. Only under a Jewish state in the land of Israel, because it has the status of a "King of Israel," is there a requirement to conform to the laws. Most authorities, however, hold that dina d'malkhuta dina applies even in the land of Israel, for public consensus is what gives the government its authority to rule and promulgate laws. This is the opinion of both Rambam and the Shulchan Arukh. Nevertheless, all agree with the basic assertion of the Ran, that the land of Israel belongs to the entire nation of Israel and, hence, that no government possesses the authority to uproot Jews from their ancestral inheritance. Life-Threatening Danger If, then, for mere straw and stubble the sages forbade making concessions because of the eventual life-threatening danger involved, it goes without saying that handing over entire settlements is out of the question. Such behavior will greatly kindle the motivation of the terrorists to murder. Indeed, the aftermath of the infamous Oslo Accords have unfortunately already proven the correctness of the logic which underlies this ruling. The Oslo navigators promised peace for a hundred years, and instead caused us more than a thousand deaths and intensified worldwide anti-Semitism. Desecration of God's Name Levels of Sanctification and Desecration The most famous Torah commandment in the world is the commandment to settle the land of Israel. The nations have only a vague concept about what is implied by kosher food or Sabbath observance, but they all know that the Almighty has promised the Land of Israel to the Jewish people. It is written numerous time in the Bible, and the Bible is the most important and popular book in the world. The entire world knows that God promised the land of Israel to Abraham, Isaac and Jacob, and their offspring. All are aware that God, through His prophets, has There could be almost no greater desecration of God's Name than our now relinquishing portions of our sacred homeland. All of the news programs would focus in on it. The entire world would be made aware that God's children agreed to give away portions of the holy soil which God Himself had given them as an eternal possession. Therefore, we must exert ourselves to the utmost so that the words of the prophets be fulfilled and this terrible desecration of God's Name be prevented. May It Be God's Will "Be glad and rejoice forever in that which I create, for, behold, I create for Jerusalem a rejoicing and for her people a joy. And I will rejoice in Jerusalem and joy in My people and the voice of weeping shall be no more heard in her, nor the voice of crying... and they shall build houses and inhabit them; and they shall plant vineyards and eat the fruit of them. They shall not build, and another inhabit; they shall not plant, and another eat: for as the days of a tree shall the days of My people be, and the chosen ones shall long enjoy the work of their hands. They shall not labor in vain, nor bring forth for confusion, for they are the seed of the blessed of the Lord, and their offspring with them. And it shall come to pass, that before they call, I will answer; and while they are yet speaking, I will hear." Tevet 29, 5769 / 25 January 09
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