Monday, July 13, 2020

Is Aliyah a Mitzvah?

https://www.ou.org/blog/is-aliyah-a-mitzvah/

 
Rav Moshe Feinstein zt”l (Igros Moshe E.H. 102) discusses whether there is a mitzvah to make aliyah and why many rabbanim have lived in the Diaspora. He writes that even according to the opinion of the Ramban, that there exists a biblical obligation, the nature of this obligation is different than many other mitzvos. He feels that this mitzvah is “kiyumis” not “chiyuvis”.
To fully appreciate this distinction, it is necessary to offer an introduction regarding different types of mitzvos. There exist two types of mitzvos: 1) “kiyumis”- A mitzvah that is not obligatory, rather if one fulfills this mitzvah one receives reward (ex. Eating in the Succah following the first night. For the following meals one does not need to eat in the Succah, if one were to choose, one can refrain from eating bread and the like and would not be in violation of any prohibition. However, if one chooses to eat bread then one must eat it in the succah. Thus this mitzvah is “optional”.) 2) “Chiyuvis”- A mitzvah that one must fulfill and is obligatory in nature. (ex. Wearing Tefillin. One must wear tefillin every day and if one neglects this mitzvah and does not wear tefillin has done something wrong. Thus this mitzvah is “obligatory”.)
Now we can understand the ruling of Rav Moshe. He explains that although there is a mitzvah to live in Israel, however, this mitzvah is “optional”. Meaning that one is not obligated to move to Israel, rather, if one lives in Israel he fulfills a mitzvah. Rav Moshe continues, that because there is no prohibition of living outside of Israel it might be preferable to do so for the reasons given by Rav Chaim Kohen (namely that there are many mitzvos and prohibitions that apply specifically to the Land of Israel and it is difficult to fulfill all of those obligations.)
Rav Yosef Dov Soloveitchik zt”l agreed with the premise of Rav Moshe Feinstein. He also felt that the mitzvah to live in Israel is a mitzvah “kiyumis” and not “chiyuvis” (oral ruling cited by Rav Hershel Schachter shlit”a sefer Peninei Harav).

10 comments :

  1. How does one square this with the Ramban's understanding of the mitzvah?

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  2. what is the Rambam's understanding? It is very unclear

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  3. Nachmanides or Maimonides?

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  4. He seems to be neutral.
    A) it's not counted as one of the 613

    B) no issur whatsoever, no oaths.

    C) it's a misstep build the Temple

    D) no difference between then (now) and yemei hamashiach
    Except for shibood malchiut.

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  5. “By the rivers of Babylon, there we sat, sat and wept, as we thought of Zion. There on the poplars we hung up our lyres, for our captors asked us there for songs, our tormentors שובנו, for amusement, Sing us one of the songs of Zion. How can we sing a song of the Lord on alien soil? If I forget you, O Jerusalem, let my right hand wither תשכח [Others forget its cunning]; let my tongue stick to my palate if I cease to think of you, if I do not keep Jerusalem in memory even at my happiest hour.” (Psalms 137:1-6)
    תהלים קל”ז (ד) אֵיךְ נָשִׁיר אֶת שִׁיר יְקֹוָק עַל אַדְמַת נֵכָר:
    מלבי"ם
    איך, משיבים לאמר, איך נשיר את שיר ה' על אדמת נכר, הגם שנוכל לשיר לכם שירי ההצלחה הגשמיית שהיינו שרים בציון, כי גם פה אנו מוצלחים בהצלחות, אבל שיר ה', שיר הקודש שהיינו שרים בציון, על שכינת ה' אשר בה, ועל הופעת רוה"ק והנבואה וכבוד ה' והתורה והעבודה והנסים שיר הזה האלקי איך נשיר אותו על אדמת נכר הבלתי מוכן לסגולות אלה הרוחניות:
    “And in the first year of King Cyrus of Persia, when the word of the Lord spoken by Jeremiah was fulfilled, the Lord roused the spirit of King Cyrus of Persia to issue a proclamation throughout his realm by word of mouth and in writing, as follows: Thus said King Cyrus of Persia: The Lord God of Heaven has given me all the kingdoms of the earth, and has charged me with building Him a House in Jerusalem, which is in Judah. Any one of you of all His people, the Lord his God be with him and let him go up.” (2 Chronicles 36:22-23)
    When I was at YU, we all knew that Rabbi Soloveitchik, Rabbi Feinstein, Rabbi Cutler and others refused to go up to Israel. I saw these rabbis. I once asked Rabbi Soloveitchik if I go to the North Pole for 6 months as a scientist (I showed him an ad) when would I put tefillin on and keep shabbat? He said I don’t know. I asked the same question to Rabbi Lipshitz. He took me to his apartment, gave me a cup of tex, put his hand on my shoulder and said: why would you want to go to the North Pole? What a grand rabbi and writer is Rabbi Eliezer Melamed!

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  6. no he is not neutral. He clearly poskins certain halachos as if there was a chiyuv yet he doesn't state that directly

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  7. So Rav tzvi Yehudah Kook answers this question - Rambam in his intro gives certain rules as to how he will classify the mitzvos. He states that those mitzvas which are all encompassing are not going to be counted. So R' Kook claims that this was the Rambam's position on Eretz Israel.

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  8. Wasn't this opinion a machloket with Rav Eliyashiv ZT"L on this subject?

    As for this opinion: "He writes that even according to the opinion of the Ramban, that there exists a biblical obligation, the nature of this obligation is different than many other mitzvos. He feels that this mitzvah is “kiyumis” not “chiyuvis”."

    He feels??? Where is this in the words of the Ramban?

    As for mitzvah kiyumis, an example usually pointed to is the mitzvah of tzitzit. If you choose not to wear a 4-cornered garment, it is not obligatory, but if you wear a 4-cornered garment, then you must wear tzitzit. So by choosing to wear a 4-cornered garment with tzitzit on it, you get reward for fulfilling that mitzvah. Let's leave aside the fact that there is no conditional side of the act regarding Eretz Yisrael (see below) - Can you find me one self-respecting frum Jew who doesn't wear tzitzit?

    As for the conditional aspect, someone needs to explain this to me.
    Obligation to eat bread in the Sukkah other than 1st night: If you choose not to eat bread, then you are not obligated to eat in the Sukkah.
    Obligation to wear tzitzit on a 4-cornered garment: If you choose not to wear a four-cornered garment, then you are not obligated to wear tzitzit.
    Obligation to settle eretz Yisrael: If you choose not to settle Eretz Yisrael, then you are not obligated to settle Eretz Yisrael????! Seriously?

    Where is the logic? This is like saying If you choose not to observe Shabbat, then you are not obligated to. Where is the conditional part within the obligation? Looking forward to replies.

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  9. Rishonim also said this.

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