Selling Land in Israel to Gentiles
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Selling Land in Israel to Gentiles Shlomo Riskin Biography: Shlomo Riskin is Chief Rabbi of Efrat and chancellor of Ohr Torah Stone Institutions in Israel. His previous contributions to Me’orot include Torah Aliyyot for Women? (Tishrei 2008). Abstract: This essay analyzes the letter written by 50 Israeli rabbis in December 2010 that prohibited the sale and rental of land in Israel to gentiles. The analysis demonstrates that their argument is fallacious, because, contrary to normative halakhah, it illegitimately considers all gentiles to be idolators for the purpose of applying a blanket prohibition. This assumption is inconsistent with the Bible, Tractate Gerim, Maimonides and his commentators, as well as the opinions of the majority of halakhic decisors regarding the status of Moslems and A Forum of Modern Orthodox Discourse Orthodox Modern of Forum A Christians today. The author finds elements of xenophobia and racism in M e o r o t the letter. Meorot 9 Tishrei 5772 © 2011 A Publication of Yeshivat Chovevei Torah Rabbinical School Selling Land in Israel to Gentiles Shlomo Riskin I. The Letter of Fifty Municipal Rabbis the inhabitants of the land before you, those of them whom you leave shall be On December 7, 2010, the following letter pins in your eyes and thorns in your sides] appeared in all of the leading Israeli and they will harass you [act as enemies newspapers, signed by fifty municipal rabbis against you] upon the Land in which you from cities throughout Israel: dwell.‖ (Numbers 33:55) This is because their In response to the question of a multitude life-style is different from that of the Jews, of people, we are now responding that it is (emphasis mine – SR) and among them biblically forbidden to sell a house or a there are those who will act with enmity field in the land of Israel to a gentile against us and will undermine our existence (“nokhri”). As Rambam writes in his to the extent of endangering our lives, as Mishneh Torah (Laws of Idolatry 10: 4), ―It has been publicized many times. And even is written in the Scriptures, ‗Thou shall not outside of Israel we are forbidden from selling to grant them a resting place.‘ (‗Lo Tehanem’) (gentiles) in the midst of Jewish neighborhoods (Deut. 7:2), do not give to them a resting (emphasis mine – SR) for this reason, and place on the ground, since—if they don‘t certainly it would be forbidden within the have a home on the ground—their Land of Israel, as explained in the Shulhan dwelling [amongst us] will only be Arukh (Yoreh De`ah 151), since this is a temporary. And the Bible has warned us prohibition between individuals as well as time and time again that [granting them a between God and the individual. home on our land] causes evil things and will bring the masses of Jews to engage in “The sin of selling to gentiles will hang on the intermarriage, as it is written in Scriptures, ―He [the one who sells them land] will turn neck of the seller” away your sons from behind Me.‖ (Deut. 7:4) This is desecration of the Holy Name And it is an established and well-known (Mishneh Torah, Laws of Forbidden truth that in the wake of a sale or rental of Relationships 12:6), and will cause the a home to one [gentile], the market-value multitudes to transgress other prohibitions, price of all the dwelling places of the as the Bible warns: ―Do not allow them to Jewish neighbors will go down, even if the dwell in your land lest they [i.e. their gentile (gentile) purchaser or renter is initially a neighbors] cause you to sin against Me.‖ friendly and cooperative neighbor. And (Exodus 23:33) The sin of selling [to since the first one who sells or rents [to a gentiles] and its ramifications will all hang gentile] is responsible for a great financial on the neck of the seller, God forbid. loss to his neighbors, his sin is too great to And a further evil on top of evil, the bear. And who would permit him to do individual who sells or rents to (gentiles) in such a thing? He becomes the cause of an area where Jews are living causes great others to sell their property and flee from damage to his [Jewish] neighbors, and the neighborhood. And those who brings upon himself the application of the [continue to] sell [o gentiles] after the first biblical verse ―[but if you do not drive out sale [was effectuated] are considered to be Meorot 9 Tishrei 5772 Kahn 2 adding to this grave sin which is hanging Noahide laws of morality, were to be from the necks of everyone. completely destroyed: And if the gentile happens to be violent ―When the Lord your God will bring you to and cruel to his neighbors, the Shulhan the Land to which you have come to possess Arukh has already explained that anyone it, He will thrust away many nations from who sold to him must be punished with before you—the Hittite, the Girgashite, the excommunication (herem or vidui), until the Amorite, the Canaanite, the Perizite, the damage (i.e. the gentile) has been Hitite and the Jebusite—seven nations removed—even if it requires the loss of greater and mightier than you. And the much money (Yoreh De`ah 334:43). Lord your God will deliver them before you, you shall not seal a covenant with them, nor Among the signatories were: shall you grant them a resting place [on your land].‖ (Deut. 7:1-2).1 Rav Avraham Margalit of Carmiel, Rav Yaakov Edelstein of Ramat HaSharon R. Abraham ben David2 so interprets the text Rav Mordechai Nagari of Maale Adumim in his gloss on Mishneh torah, Hilkhot avodah Rav Basis Azariah of Rosh HaAyin zarah 10:6, insisting that: Ravi Shmuel David of Afulah Rav Moshe Bijel of Meitar ―[the application of lo tehanem to gentiles in Rav Tsiyon Tsuvri of Gederah general] has never been City Rav Yeshayahu Maitlis of Nahariyah found and has never been heard; the City Rav Yosef Avreki of Kiryat Yam prohibition applies only to the seven City Rav Shalom Zadok of Herzliyah indigenous [Canaanite] nations, and even Rav Yeshayahu Herzl of Natzeret Ilit, with regards to them, it is only forbidden Rav Yaakov Zinger of Givat Shmuel, that they actually live in the Land, but not to Rabbi Dov Lior of Kiryat Arba, a case where they are merely passing through‖ Rabbi Haim Pinto of Ashdod, (emphasis mine – SR). Rabbi David Abuhazeira of Yavne, Rabbi David Bar-Chen of Sderot The very term ger toshav defines that a gentile II. To Whom Does „Lo Tehanem‟ Apply? who accepts the seven Noahide laws may be a resident in the land of Israel The cited responsum attempts to make a clear case for the prohibition of selling or renting land or a house in Israel to a gentile (nokhri) on Moreover, Maimonides himself, whose Mishneh the basis of the biblical prohibition of ―Thou torah serves as the foundation for the position shall not grant them a resting place‖ (“lo of the rabbis who forbid the sale of land in tehanem”) that appears in Deut. 7:2. When we Israel to ―gentiles‖ (―nokhrim‖) in general, look at the context of this prohibition, clearly limits the prohibition of lo tehanem to however, it is clear that it refers specifically to those gentiles who do not accept the seven the original inhabitants of the Land of Israel at Noahide laws of morality): the time of Moses and Joshua, the ―seven ―Who is under the rubric of a stranger- indigenous nations,‖ who, if they refused to resident (ger toshav)? That is a gentile who make peace with us and (according to accepts upon himself the prohibition of Maimonides) refused to accept the seven idolatry together with the other 1. Maimonides, Mishneh torah, Hilkhot issurei bi’ah 14:7. 2. Ra‘avad, b. in Provence 1125, d. in Posquières 1198. Meorot 9 Tishrei 5772 Riskin 3 commandments commanded to the with a blanket permission to sell to those Noahides but has not been circumcised or gentiles who accept the Noahide laws, that the ritually immersed (for the sake of rabbis of this ruling consider the average conversion to full Judaism). Such an Christian or Moslem today to be a person who individual is to be accepted as one of the has not accepted the seven Noahide laws. pious of the nations of the world. And Halakhically, this is highly dubious. why is he called a ―stranger-resident‖? Because it is permitted for us to allow him to dwell in our midst in the Land of Israel as we have If a gentile accepts the Noahide laws, why explained in the Laws of Idolatry.” (emphasis should he be prevented from dwelling in Israel? mine – SR) According to Rambam, the very term ger toshav, Maimonides rules explicitly that Moslems are stranger-resident, defines the fact that any not idolaters and all Hakhmei Askhenaz have gentile who accepts the seven Noahide laws of ruled that Christians from the time of the morality may be a resident in the land of Israel, Middle Ages on are not considered idolaters. may purchase or rent land or a dwelling place Nevertheless, the explicit view of these five and may live in the midst of a Jewish highly recognized Torah scholars is that when community in Israel! gentiles observe the moral Noahide laws, they It is important to note that a previous letter are permitted to purchase land or a home in entitled, “Da`at torah” (official Torah Israel.