MEDINA & BY SHIMSHON HAKOHEN NADEL HALACHA Mara D'atra, Kehilat Zichron Yosef, Har Nof OU Faculty

As we discussed in Part 2, Rabbi Isaac de The Mitzvah Leon explains why the Rambam does not include the mitzvah of settling in the Land of Settling in of Israel in his Sefer HaMitzvot, and cites the Three Oaths: the Land of “It appears to me that the Rabbi [Rambam] did not count the mitzvah of Israel – Part 5 taking possession of the Land and settling it because it applied only during the days The Three Oaths of Moses, Joshua and David and at all times when they [the ] are not exiled he (Ketubot 111a), based from their land. But after they have been upon three verses in Shir HaShirim exiled from their soil, this mitzvah does which begin, “I adjure you, O maidens T not apply until the arrival of the Messiah. of Jerusalem,” teaches that Hashem adjured On the contrary, we were commanded the Jewish People, and the Nations of the with what is said at the end of Ketubot World, with three oaths: 1) The Jewish (111a), not to rebel against the nations People may not “arise like a wall,” which and take the Land by force. They proved implies ascending en masse and taking this from the verse, ‘I have adjured you, O control of the by force, 2) The maidens of Jerusalem…’ and expounded Jewish People may not rebel against the that ‘they not ascend like a wall’” (Megillat nations of the world in the Diaspora and 3) Esther to ’ Addenda to Sefer The nations of the world may not subjugate HaMitzvot, positive commandment no. 4). the Jewish People “too much.”

64 TORAH TIDBITS / VAYIKRA 5780 Historically, some challenged the San Remo Conference of 1920, and the permissibility of a modern , and UN Partition Plan of 1947 demonstrated the validity in founding the State of the world’s acquiescence in restoring the Israel based on the Three Oaths. This Jewish State. The Modern State of Israel became the position adopted by the anti- was created through the consent of world Zionist movement. They argue that we powers. We did not arise “like a wall.” have no right to settle the Land of Israel until the arrival of the Messiah, some Should two parties take an even suggesting that was a punishment for re-settling the Land (See, oath, and one is found to be in for example, Va-Yoel Moshe, Introduction). violation of his oath, the other In weighing the legitimacy of this claim, party is exempt from keeping one must consider the social and political climate in which these views were his side of the bargain espoused (See Eim HaBanim Semeichah, pp. 20-26. See also Aviezer Ravitzky, Others explain that once the nations Messianism, , and Jewish Religious of the world violated their oath, with the Radicalism, pp. 66-78). constant persecution of the Jewish People, the other oaths become null and void (See The concept of the ‘Three Oaths’ as Shittah Mekubetzet to Ketubot 111a; Tzitz binding has been refuted many times, and Eliezer, vol. 7, no. 48, sec. 12). This notion in many different ways. Most compelling is in fact based on a principle of Jewish is that the “Three Oaths” should be Law. Should two parties take an oath, and understood as Aggada, homily (See P’nei one is found to be in violation of his oath, Yehoshua to Ketubot 111a). Historically, the other party is exempt from keeping his this passage was never accepted as Halacha side of the bargain (, Yoreh and is in fact absent from all major codes De’ah 236:6). The persecution, torment of Jewish Law (Avnei Nezer, Yoreh De’ah, and humiliation that the Jewish People no. 454, sec. 50). have endured over the centuries, certainly Some explain that by receiving would free them from any obligation. permission from the leading world Based on the above, according to most powers, there is no violation of the oaths authorities, the Three Oaths are not (Maharsha to Ketubot 111a; Avnei Nezer, binding, nor relevant, today. Yoreh De’ah, no. 454, sec. 56; Eim HaBanim Semeichah, pp. 307-308; Tzitz Eliezer, Vol. 7, no. 48, sec. 12. See also HaTekufah HaGedolah, Vol. 1, pp. 118, 206-207, 213, 234-235; Eretz Chemdah, Vol. 1, pp. 35-36).

The of 1917, the

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