But Maimonides’ position is less easily understood. As Nachmanides observes, Maimonides does not count possessing or living in the land of Israel as a mitzvah. Meggilat Esther offers a well-known explanation for Maimonides’ position. He explains that according to Maimonides, a commandment can only be included among the 613 mitzvot if it applies for all generation. Any commandment that is given to be performed at a specific time in history cannot be included among the 613 mitzvot. For example, at the time of the giving of the Torah Bnai Yisrael were instructed to not approach or ascend Sinai. This injunction was related to a specific time – the Revelation. After Revelation, the mitzvah no longer operates. There is no prohibition against climbing Sinai today. Therefore, this injunction cannot be counted among the 613 mitzvot.[2] Meggilat Esther contends that the command to posses the land of Israel was given to Moshe and Yehoshua to perform. The command continued to be binding and active until the exile from the land of Israel. But with exile, the command was suspended. It will reemerge with the Messianic era. But in the interim, there is no requirement to posses or conquer the land. Therefore, this is not a command that applies for all generations. Like the injunction to not ascend Sinai, the requirement to conquer the land of Israel emerges and reemerges at specific moments in history. As a result, it cannot be counted among the 613 mitzvot.[3]
No other rishon explained the Rambam this way.
ReplyDeleteAnd for good reason. This explanation is inconsistent with Rambam's other halachic rulings relating to the subject. Aside from being a stretch in its own right.