Yom Ha’atzmaut and the Disappearance of The Three Oaths: An Analysis of Rav Shaul Yisraeli’s Approach hen we look back gratefully on the many obstacles that Am Yisrael Rabbi Daniel Mann hasW overcome on the way to Jewish Ram, RIETS Israel Kollel statehood in Eretz Yisrael, one of Dayan, Eretz Hemdah the most intriguing to the student of Torah is the Three Oaths: does] Rav Yehuda [respond]? There is Yisrael. We also see that Rav Zeira 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 Jerusalem, 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 Rashi’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 Jews 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 Zionism. 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 Satmar Rebbe, 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 Vayoel Moshe, 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 Gemara 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—Arabs 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 yishuv 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 Land of Israel will belong to the Jewish organization.