Yom Ha’atzmaut and the Disappearance of The : An Analysis of Rav Shaul Yisraeli’s Approach

hen we look back gratefully on the many obstacles that Am Yisrael Daniel Mann hasW overcome on the way to Jewish Ram, RIETS statehood in Eretz Yisrael, one of Dayan, Eretz Hemdah the most intriguing to the student of is the Three Oaths: does] Rav Yehuda [respond]? There is Yisrael. We also see that Rav ר’ זירא הוה קמשתמיט מיניה דרב יהודה, another verse: “I administered an oath disagreed, and reasoned that it was דבעא למיסק לארץ ישראל, דאמר רב יהודה: to you, Daughters of , by deer permitted for him as an individual, but כל העולה מבבל לארץ ישראל עובר בעשה, and gazelles of the field lest you arouse he conceded that it did preclude going שנאמר )ירמיהו כז,כב(: “בבלה יובאו ושמה and lest you awaken the love until it is there “as a wall,” for which we accept יהיו עד יום פקדי אותם נאם ה’”. ורבי זירא? desirable” (Shir Hashirim 2:7). [How ’s explanation as by force, or ההוא בכלי שרת כתיב. ורב יהודה? כתיב קרא .does] Rav Zeira [respond]? That verse perhaps, en masse אחרינא )שיר השירים ב,ז(: “השבעתי אתכם teaches that they should not go up in a While there were groups of who בנות ירושלים בצבאות או באילות השדה אם wall (or as a wall) [in force (Rashi)]. came to Eretz Yisrael throughout the תעירו ואם תעוררו את האהבה עד שתחפץ”. How does] Rav Yehuda [respond]? ages, there was no attempt to come en] ורבי זירא? ההוא שלא יעלו ישראל בחומה. There is another such verse (actually masse from the time of Rav Yehuda ורב יהודה? השבעתי אחרינא כתיב )שם two—ibid 3:5, 8:4). [How does] Rav and Rav Zeira until the era of Modern ג,ה; שם ח,ד(. ורבי זירא? ההוא מיבעי ליה Zeira [respond]? That is needed for . At the time that the religious לכדרבי יוסי ברבי חנינא, דאמר: ג’ שבועות the statement of Rabbi Yossi b’Rabbi community and its rabbinic leadership הללו למה? אחת, שלא יעלו ישראל בחומה; Chanina, who said: “Why are there these were debating the merits and dangers ואחת, שהשביע הקדוש ברוך הוא את ישראל three oaths? One, that they should not of Zionism, the Three Oaths were שלא ימרדו באומות העולם; ואחת, שהשביע go up in force, and one, that Hashem among the issues at the fore. Perhaps הקדוש ברוך הוא את העובדי כוכבים שלא administered an oath that they not the most extreme position and most ישתעבדו בהן בישראל יותר מדאי. Rav Zeira was avoiding Rav Yehuda, for rebel against the nations, and one that systematic treatment of the topic [Rav Zeira] wanted to move to Eretz Hashem administered an oath on the was that of the , who Yisrael, and Rav Yehuda said: Whoever nations that they not overly enslave championed the opinions of those who moves from Bavel to Eretz Yisrael Israel.” opposed the establishment of a Jewish violates a positive commandment, as Ketubot 110b state before the time of Mashiach as it says: “They will be brought to Bavel We see that Rav Yehuda posited that an affront to the divine will. His book, and they will be there until the day I the verses that rejected prematurely , came out well after the recall them, says Hashem” (Yirmiyahu renewing the loving relationship establishment of the State, and in his 27:22). [How does] Rav Zeira [learn between Hashem and Bnei Yisrael view, the success in the establishment this verse]? This is written about the precluded even individuals from and initial survival of the State did vessels of the Beit Hamikdash. [How leaving the exile of Bavel for Eretz nothing to change his mind.

16 Rabbi Isaac Elchanan Theological Seminary • The Benjamin and Rose Berger CJF Torah To-Go Series • Yom Haatzmaut 5777 Several explanations have been presentation (in Eretz Hemdah given to justify the actions of the I:1:6) is that he deals with the giving Zionist movement, which strove and and receiving of this permission of succeeded to bring large masses of the nations in halachic terms and Jews to Eretz Yisrael to establish a guidelines. In this chapter, Rav Yisraeli fully viable state, including a powerful discusses the above thesis within an standing army.1 One is to deny that analysis of the Avnei Nezer4 based on the of the Three Oaths was the aforementioned opinion of Rashi. meant to be an operative halachic The fact that the relevant powers statement but a theoretical aggadic allowed Jews to move to Eretz Yisrael 2 Some point out that the main one. made this move a halachic possibility. decisors of halacha, such as the Rif, However, reasoned Rav Yisraeli, Rav Shaul Yisraeli z.t.l. (1909- Rambam, and Rosh, do not mention there was not necessarily anything 1995) was born in Russia, where them in their halachic works. Another that prevented the non-Jews from he learned Torah clandestinely, is to say that it only is binding when changing their mind, which would escaping to become a talmid of the nations keep their related oath of return the status of the Three Oaths Rav A.Y. Kook z.t.l. He went on not enslaving the Jewish people too to its place. We will now discuss when to be the rav of Kfar Haroeh, a harshly, but when peaceful survival this precarious situation ended. dayan in the Supreme Rabbinical became untenable in the exile, the 5 Court in Jerusalem, Rosh Yeshiva Jews may take refuge in Eretz Yisrael. In Eretz Hemdah, Rav Yisraeli posits that the events of 5708 (1947-8) at Merkaz Harav, and founder of The most widespread and arguably prevent the non-Jewish nations from the Eretz Hemdah Kollel (where most satisfying answer is that, as Rashi rescinding their permission to Bnei this writer learned under him). He says, the oath only precludes acting by Yisrael to possess Eretz Yisrael as was a prolific writer and important force, in other words, against the will a nation. On November 29, 1947 leader, including on matters of the of the relevant nation(s). In the case the United Nations, upon British Torah in a renewed Jewish State. of Modern Zionism, the settlement request to decide the matter, agreed of years, occurred specifically on the of Jews was (at least for the most to the establishment of a Jewish state first Yom Ha’atzmaut. The acting part) done with the agreement of the in parts of “Palestine.” Rav Yisraeli on the permission given by nations possessors of the Land. In the early views this permission as applying stages, that was the Ottoman Empire. to take control of Eretz Yisrael to us vis-à-vis national control of the concretized our rights to it and caused Later on, it was with the British, who Land (not merely permission for the Three Oaths to no longer be a conquered the country during World people to settle in Eretz Yisrael). concern. This, Rav Yisraeli argued, War I, along with other World War As such, finalizing our rights to the made the 5th of Iyar a day that is I allies and with the world bodies Land needed to be done in the same worthy of celebration, irrespective of (League of Nations, United Nations), way that one finalizes any agreement if and when miraculous events took under whose auspices the British held regarding property—by means of an their Mandate of Palestine. Those place on the battlefield. act of kinyan (acquisition). One of the who subscribe to this view, including forms of kinyan for land is chazaka This basic construct, of combining Rav Shaul Yisraeli, posit that the (acting toward the land as an owner the permission of the nations with opinions of the majority of residents would).6 Regarding the right to create the chazaka the Jewish people made of Eretz Yisrael and of the neighboring a sovereign state, the way to perform on Eretz Yisrael in its aftermath, countries— who were hostile to chazaka was by declaring sovereignty. arises again in the writings of Rav Zionism—were not relevant because This was done by the leaders of the Shaul Yisraeli in another context.7 they did not enjoy any type of political on that memorable and joyous Rav Ovadia Yosef posited that one of .3 or military control over Eretz Yisrael (if tense) 5th of Iyar 5708. Thus, posits the reasons why an agreement that One of the interesting and arguably Rav Yisraeli, our full rights to Eretz includes Israeli ceding to the Arabs unique elements of Rav Yisraeli’s Yisrael, for the first time in thousands significant land in Judea, Samaria, and Gaza is theoretically proper is that

17 Rabbi Isaac Elchanan Theological Seminary • The Benjamin and Rose Berger CJF Torah To-Go Series • Yom Haatzmaut 5777 holding on to these sections of the was in 1948 and 1967), then the of the daughters of Jerusalem … Now, Land at such a time is in contradiction State and its citizens are expected to however, [we have experienced] Divine to the Three Oaths. These areas, after protect themselves. If in the context providence in the gathering of the all, were conquered by Israel and held of a defensive war, the borders of the League of Nations in San Remo and against the stated policy of virtually State are expanded, neither the Three a pronouncement was made that the every country and international Oaths nor any other halachic mandate will belong to the Jewish organization. Rav Yisraeli questioned prevent us from defending our control people. Since the fear of the oaths has the cogency of Rav Ovadia’s mode of of those lands. passed with permission of the nations, invoking the Three Oaths by widening A third answer that Rav Yisraeli the mitzvah to settle the Land of Israel the practical scope of Rav Yosef’s offered is strikingly reminiscent of — which is equal in weight to all other position. Rav Yisraeli asked: if the his 5 Iyar construct. As part of the mitzvot in the Torah combined — is Three Oaths are a problem regarding decision of world powers meeting at now restored. Everyone should do what land seized in the Six Day War, then the San Remo Conference in 1920,10 they can to help fulfill this mitzvah. why should ceding be conditional on all of Palestine (including large a viable peace settlement? We should areas of the east bank of the Jordan) The Jewish people acted upon this give them up to desist from violating was given to the Jewish people as agreement by welcoming it and by the Oaths. Second, if international a homeland. Rav Yisraeli cites the the Jewish community in Palestine approval is necessary, then shouldn’t famous words of the Ohr Sameiach, expanding their settlement activity the problem apply to many sections Rav , who saw in the agreement’s aftermath. This of Jerusalem which have not been in the San Remo agreement a removal too was a kinyan chazaka on all recognized as Israel’s by world of the impediment of the Three Oaths: of “.” This is powers?8 What, then, is Rav Yisraeli’s because one of the laws of kinyanim אולם זה במאה הזאת זרחו קוי אור ע”י גדולי rationale to apparently ignore the is that performance of chazaka on המעש, כמו מונטיפיורי וכיו”ב בהתעוררות Three Oaths in regard to land not part of the land upon which there is רבה, ומהרבנים ר’ צבי הירש מטאהרן ור’ given to us by the nations of the world agreement serves to acquire all the אליהו מגריידיץ, לבנות ולשכלל ירושלים ?in 1947-8 land. Thus, all of mandatory Palestine ולהסיר שוממותיה... ורבנים הרבה עמדו was reacquired by the Jewish people מנגד, ואף אותם שהיה בלבם לקרב את הדבר Before we revisit the idea of as their homeland. Any subsequent שמו יד לפה, מפני כי חרדו … מהג’ שבועות permission and chazaka, we shall actions, whether by Arab neighbors or שהשביע לבנות ירושלים… אמנם כעת הסבה present two other ideas that Rav Yisraeli promotes which answers even by the same international powers ההשגחה אשר באספת הממלכות הנאורות 9 that bequeathed the Land, are acts בסאן רעמא, ניתן צו אשר ארץ ישראל the questions. First, the oath of not of thievery, which the Jewish People תהיה לעם ישראל, וכיון שסר פחד השבועות going up by force applies to the force does not have to accept. Thus, from וברשיון המלכים קמה מצוות ישוב ארץ used to move to Israel and establish a the San Remo agreement on, posited ישראל ששקולה כנגד כל מצוות שבתורה national entity here. However, once Rav Yisraeli, the Three Oaths did not )ספרי פ’ ראה( - למקומה. ומצוה על כל איש ,this is accomplished with permission ,apply to any of the Land of Palestine לסייע בכל יכולתו לקיים מצוה זו. ,the national entity is like any other and the Oaths do not create any which includes Judea, Samaria, and In this century, rays of light shone forth limitations on what sections of the Gaza. with a great awakening by people of Land can be subsumed under the action such as Montefiore and One can ask whether the two similar authority of these auspices. such as R. Tzvi Hirsch [Kalischer] of constructs that Rav Yisraeli presents A second answer assumes that even Torun and R. Eliyahu [Gutmacher] of of permission followed by chazaka if it were improper to expand the Grodzesk to build and restore Jerusalem do not contradict each other in the borders of the country by means and remove its destruction … Many following way: If all of Mandatory of military conquest, that would rabbis opposed their efforts and even Palestine, which exceed the territory only apply to initiating a war for those who wanted to join, placed their included in the 1947 Partition Plan that purpose. However, if a war was hand over their mouth because they and 1949 Armistice Agreements, forced upon the Jewish State (as it feared … [violating] the Three Oaths belonged to the Jewish people as of

18 Rabbi Isaac Elchanan Theological Seminary • The Benjamin and Rose Berger CJF Torah To-Go Series • Yom Haatzmaut 5777 1920 and removed the Three Oaths Ha’atzmaut, there are many religious themselves. Rather, they are a warning that issues, then what is the significance in Jews who celebrate it11 and many who Hashem made to them lest they go beyond this regard of the events of 1947-8? It do not. Those who celebrate do not their proper bounds before the proper time. However, one way or another, Rav is not possible to say that Rav Yisraeli always know (nor do they need) to Yisraeli agrees that the oaths are a force to be changed his mind during the close define precisely the elements of the reckoned with, and it would be a dangerous to four decades between the writing historical events to celebrate most mistake to “violate” them. of the two articles, because the later intensely. 3 This situation is parallel to the granting article also mentions the significance However, regarding the assumption of permission to resettle Eretz Yisrael after the Babylonian exile, by King Cyrus, of the of the establishment of the State of that it is permitted to settle in Judea Israel in 1948 in regard to the Three relatively distant Persia, who controlled the and Samaria despite protests of Land politically and militarily. Oaths. the world, we have a fascinating 4 Yoreh Deah 454. I would like to suggest that Rav phenomenon within the religious

Yisraeli’s intention was as follows: community on an ostensibly difficult 5 Ibid. While the San Remo Agreement halachic question. It is well known and 6 Kiddushin 26a. gave more land than the Partition discussed that the Religious Zionist 7 See Techumin, Vol. X, in his rebuttal of the Plan regarding borders, the events of community believes it is permitted article of his colleague, Harav Ovadia Yosef 1947-8 added significant elements and even a special mitzva and z’chut (ibid.), in which the latter encouraged a that were missing in San Remo. San to settle in Judea and Samaria. But a political settlement that would include ceding land to the Arab World should peace be Remo spoke of the establishment of very broad spectrum of the Charedi possible (which Rav Ovadia did not see as a a Jewish homeland, which included community12 have no halachic viable option at the time he wrote the article). the rights of Jews to emigrate to compunctions about living over the Rav Yisraeli’s article was reprinted in Chavot Eretz Yisrael and settle it. However, “Green Line.” Whether discussing Binyamin vol. I, 13. this did not totally remove the Three Ramot and Ramat Eshkol, in 8 Rav Ovadia did not suggest ceding those Oaths, in that we would still not be Jerusalem, or Beitar and Kiryat Sefer, sections of Jerusalem as part of a peace treaty. authorized to take this settlement to tens of thousands of Charedim form 9 Ibid. the point of an independent entity a consensus that this is permitted. 10 At this conference, the World War I victors that had all the rights of a state. Only It is further interesting that the confirmed the idea of a Jewish homeland in 1947-8 did we receive and seize matter is not even a point of halachic in Palestine, as promoted in the Balfour the rights to control the settlement of discussion, and I have been unable to Declaration, while earmarking Syria and the Land and the administration of it, find a Charediposek who is the “father Mesopotamia to the Arabs. This agreement was then accepted by the League of Nations. create an army, and enjoy all rights of of the leniency.” Is the silent majority a national entity. The idea of apekida assuming along the lines of Rav Shaul 11 Many of the practices were actually (liberation as found in the verse Yisraeli? It is presumptuous for me to instituted by Rav Yisraeli, both through his recommendations for the Chief Rabbinate Rav Yehuda referred to), which Rav make such a claim. However, for one (see appendix to Zeh Hayom Asa Hashem) Yisraeli, following the Avnei Nezer, reason or another, the disappearance and in his community of Kfar Haroeh. believed in, came to fruition much of the Three Oaths as a halachic 12 This includes “non-Zionists” like the more qualitatively on the original Yom concern is a fact on the ground among Litvish and the Chasidish, and the followers Ha’atzmaut. a broad consensus of the religious of Rav Ovadia Yosef. Only the Satmar- community.13 oriented are missing from these “over-the- In areas such as those discussed in green-line” communities. this article, where we do not find Endnotes 13 I am proud to have studied under a clear halachot in such classic sefarim who wrote extensively on such topics from as the , and practical 1 One short work that surveys many of these both a halachic and hashkafic perspective. ramifications did not exist until is Rav Menachem Kasher’s article, “Da’at modern times, it is hard to apply the Torah al Hashevuah Shelo Ya’alu B’choma same rules for determining: “How L’Eretz Yisrael,” from Shana B’Shana 5737. do we pasken?” On the question of 2 Rav Yisraeli (in Eretz Hemdah I:1:4) posits whether and how to celebrate Yom that the Three Oaths do not represent a prohibition that Bnei Yisrael accepted upon

19 Rabbi Isaac Elchanan Theological Seminary • The Benjamin and Rose Berger CJF Torah To-Go Series • Yom Haatzmaut 5777