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Yeshivas Eretz Yisroel – Part III

 

Eretz Yisroel has several different sets of halachic borders. The areas that are obligated in the mitzvos ha’teluyos ba’aretz are described very clearly, but the borders connected to the prohibition of leaving Eretz Yisroel or walking four amos in it, are much less straightforward.

In this week’s article, we will delve into the many borders, and explain why there are wide areas that fall between them. What are these borders? How does each play out in halacha? Does Eretz Yisrael reach the Euphrates? Does it go south until the Red Sea? What is the status of Transjordan?

These questions affect practical situations as well. When planning a vacation in Israel, should one try to stay within certain halachic borders? How are cities like Eilat, Beit She’an, Akko, or Nahariya viewed? What about traveling to Syria, Lebanon, Jordan, the Golan Heights, or the Gaza Strip? And if someone already lives in one of these places, what are the halachic considerations in moving away from Eretz Yisroel?

These topics and others are the focus of this week’s article.

The Mitzvah of Settling Eretz Yisroel

This week’s parsha, Vayeshav, begins with the description of Yaakov Avinu and his family finally settled in Eretz Yisrael: “And Yaakov dwelt in the land of his father's sojournings, in the land of Canaan” (Bereshis 37:1).

In recent articles we explored the prohibition of leaving Eretz Yisrael. To understand the prohibition correctly we must define what land is included in “Eretz Yisrael” in this context.

The Chochmas Adam (Shaarei Tzedek, Shaar Mishpetei Ha’Aretz 11:14) rules: “It is forbidden to leave the borders of Eretz Yisrael, even within the same kingdom.” His wording makes it clear that the prohibition depends on the halachic borders of Eretz Yisrael — not political boundaries. Therefore, even within a single political entity (such as the State of Israel), crossing from a halachic Eretz Yisrael area into a halachic chutz la’aretz area is still forbidden.

It seems the Chochmas Adam bases this ruling on the psukim in Parshas Mas’ei (Bamidbar 34:2): “The Land of Canaan according to its boundaries,” and again (34:12): “This shall be your land according to its surrounding borders.” These psukim teach us that the Torah’s borders determine the mitzvah of yeshivas Eretz Yisroel, as well as the prohibition of leaving it.

Different Borders for One Land

When we speak about “Eretz Yisrael,” we are not referring to one single set of borders. The Torah and Chazal describe several different sets of boundaries, each connected to a different halachic category. Therefore, whenever a halacha depends on being inside or outside Eretz Yisrael, we must first clarify which set of borders that halacha is referring to.

Hashem promised Eretz Yisroel to the Avos and Klal Yisrael, yet the borders mentioned in these promises do not all match. Some psukim describe a very large area; others describe a more limited one. Each promise was fulfilled at a different stage in history, and each refers to a different period.

In addition to the promised land, the Torah in Parshas Mas’ei commands Klal Yisrael to conquer and establish Eretz Yisrael as an inheritance. For this mitzvah as well, the Torah gives specific borders. At the same time, earlier in Parshas Mattos, the Torah tells us that Moshe Rabbenu conquered and distributed land east of the Jordan River to Reuven, Gad, and half of Menashe, even though that region lies outside the borders listed later in Parshas Mas’ei.

For land to acquire halachic sanctity it needed to be conquered and sanctified by Klal Yisrael on a national level. This monumental conquest occurred twice in history, and did not include all the land. The first conquest was led by Yehoshua Bin Nun, and is known as “Kibush Olei Mitzrayim”. A second, more limited conquest and sanctification occurred when Ezra the Scribe returned to Eretz Yisroel and is known as “Kibush Olei Bavel”.

Because the swaths of land in each conquest and sanctification differed greatly there are areas included in the promised land that were never conquered; areas conquered the first time but not the second; and areas sanctified in one period but not the other.

An example: After the Balfour Declaration, one proposal was to set the northern border of the future Jewish state at the Litani River. Tradition (cited by the Maharit I:84) associates this line with territory actually conquered and sanctified by our ancestors. President Woodrow Wilson supported the idea, but Prime Minister Lloyd George objected, arguing that according to Tanach, the borders of Israel run only “from Dan to Be’er Sheva.”

The Different Borders

Below are the main sets of halachic borders:

  1. The Promised Land

Hashem promised Avraham Avinu (Bereshis 15:18–21): “On that day, the Lord formed a covenant with Avram, saying, "To your seed I have given this land, from the river of Egypt until the great river, the Euphrates river. The Kenites, the Kenizzites, and the Kadmonites, And the Hittites and the Perizzites and the Rephaim, And the Amorites and the Canaanites and the Girgashites and the Yevusites."

These psukim describe a vast territory stretching from the “River of Egypt,” identified by most as Wadi El-Arish in central Sinai (while others suggest the eastern branch of the Nile), all the way to the Euphrates which runs through modern Turkey, Syria, and Iraq. This area includes much of the Sinai Peninsula and large portions of what is now Israel, Jordan, Lebanon, Syria, and even parts of Turkey and Iraq.

The psukim also list ten nations whose lands were promised to Avraham’s descendants. Elsewhere, the Torah mentions only seven nations. Chazal explain that the territories of the additional three nations — the Kenite, Kenizzite, and Kadmonite — will only be conquered when Moshiach comes.

There is considerable debate about the location of these lands and the identity of the nations. Some understand them as Ammon, Moav, and Edom, corresponding roughly to present-day Amman, southern Jordan, and the southern Negev. Others identify them with regions in southern Israel and parts of Arabia. Another view places them in the northern territories stretching from Damascus into Asia Minor, up to Spain (!). Yet another opinion associates them with North African areas such as Tunisia. These differing interpretations show just how broad and varied the promised borders truly are.

Another expansive promise appears in Shemos 23:31: “I will set your borders from the Sea Of Reeds to the Sea of the Philistines, and from the desert to the river...”

This outlines borders running from the Red Sea (south), to the Mediterranean (west), and from the desert in the east till the Euphrates in the north. The Malbim (Devarim 1:7) notes that these borders correspond to the promise to Avraham, but was withheld after the sin.

When they were preparing to enter the land, other passages (Devarim 11:24; Devarim 1:7; Yehoshua 1:4) provide similar but not identical outlines — sometimes including the Euphrates, sometimes not mentioning the Red Sea.

  1. Parshas Mas’ei Borders

There are many opinions regarding the precise locations mentioned in the Parasha. Here we will present the major approaches.

The northern border begins at Hor HaHar, which according to the Rambam, refers to Mount Hermon (Freiman Edition; Responsa, section 346; see Hilchos Kiddush HaChodesh 18:16; see also Radvaz IV:30). Other authorities, such as Rashi (Yechezkel 47:20) and the Kaftor VaFerach (ch. 11), identify it with Jabal al-Kara, on the modern Turkish-Syrian border along the northeastern Mediterranean coast.

From there, the border continues to Levo-Chamat, identified with Antioch (Antakya) in southern Turkey near the Syrian border, and then extends to Chazer-Enan, which is described as being close to Damascus.

The eastern border passes near Shepham, then follows the Banias River, continuing down along the eastern shore of the Kinneret, the Jordan River, and the Dead Sea.

From the Dead Sea, the southern border extends to Wadi al-Arish in the Sinai Peninsula, or according to another view, to the eastern (Pelusiac) branch of the Nile at the edge of Sinai.

The western border is the Mediterranean Sea.

  1. 3. Transjordan (Ever HaYarden)

Moshe Rabbenu granted land in Transjordan to tribes of Reuven, Gad, and half of Manashe. This region was sanctified as part of the Land of Israel. In modern terms, this area corresponds to parts of Jordan, extending from the Arnon River (identified as Wadi Mujib) northward, excluding Amman. [Reuven continued and conquered more land towards the south, reaching the Euphrates in what is now southern Iraq.] Their territory likewise included portions of the Golan Heights, especially its southern area, and possibly a small section of what is now southwestern Syria. This region is subject to all mitzvos ha’teluyos ba’aretz as it was conquered by Olei Mitzrayim. Still, there is discussion regarding whether living there carries the same status as residence within Eretz Yisroel or not. (See Ramban Bamidbar 21:21; Devarim 2:29; Or HaChaim on Bamidbar 32:7 and Devarim 3:13; Kuntres Eretz Yisrael by Rabbi Yechezkel Abramsky, p. 53–58; Chazon Yechezkel Tosefta Bava Kamma 8, in the omissions.)

  1. Syria, Conquered by Dovid Hamelech

Dovid Hamelech conquered territories referred to as “Syria,” sanctified them, and settled Jews there. However, this was regarded as a personal conquest rather than a national one, and therefore only certain laws of the Land apply to these regions. These territories correspond to parts of what is now modern-day Syria.

According to the Ramban, all lands south of the Euphrates River are considered Eretz Yisrael in the fullest sense. By contrast, the Rambam (Hilchos Terumos 1:9), the Netziv (Ha‘amek Davar on Devarim 11:24), and the Chazon Ish (Shevi’is 3:30) maintain that all regions south of the Euphrates fall under the category of Dovid’s Conquests, which were sanctified by Dovid Hamelech but did not carry the status of a national, permanent sanctification.

  1. Conquest of Yam Suf

Shlomo HaMelech and King Uzziah expanded Israel’s territory southward, reaching as far as Eilat — an area lying beyond the original biblical borders. While some authorities maintain that these regions possess the sanctity of Eretz Yisrael (such as Mor U’Ketziah, OC 306), most contemporary halachic authorities rule that these areas do not carry the full status of the Land of Israel.

  1. Conquest of Olei Mitzrayim

The areas conquered and sanctified in Yehoshua’s time, when Am Yisrael first entered the promised land. This conquest includes most of the borders mentioned in Parshas Mas’ei, plus Transjordan. Halachically, any place listed within the borders and not explicitly excluded is presumed sanctified, except for specific places known not to have been sanctified, such as Beit She’an.

  1. Conquest of Olei Bavel

Upon the national return from Babylon in Ezra’s time, the returnees sanctified certain areas of the land: from Ashkelon in the southwest to Akko in the northwest, as well as Transjordan.

Practical Examples

The different conquests and sanctifications throughout Jewish history have practical implications for many cities in Eretz Yisrael today. These differences affect two opposite questions: Is it forbidden to travel from Eretz Yisrael to those areas? And, for those who already live there, is it permissible to leave for anywhere else in the world?

Eilat is one of the cities in question. According to almost all opinions, Eilat lies outside the borders of Eretz Yisrael described in Parshas Mas’ei, and was not included in either conquest of Olei Mitzrayim or that of Olei Bavel. However, Eilat was conquered by Shlomo HaMelech, King Uzziah, and also by King Yannai during the Second Temple period. Is traveling to Eilat considered leaving Eretz Yisrael? And for those who live in Eilat, is it permissible to travel to chutz la’aretz?

A similar issue arises regarding the land sanctified by the returnees from Bavel in the days of Ezra. The northernmost point sanctified by Olei Bavel is Akko, and the southernmost point is Ashkelon. All agree that the border was not a perfectly straight line, and cities northeast of Akko such as Tzfas, are within the area sanctified by Olei Bavel. But in the western Galilee, north of Akko, there is extensive debate as to which places were sanctified and which were not.

In the south, everyone agrees that areas southeast of Ashkelon, such as Chevron, were sanctified by Olei Bavel. However, the Gaza Strip, which lies to the south of Ashkelon, was apparently not included in that second sanctification. There is also wide discussion regarding the status of the Gaza envelope region, the western Negev south of Ashkelon, and certain areas in the Golan Heights. Can residents of Nahariya (north of Akko), or Kibbutz Be’eri in the Gaza envelope, leave to chutz la’aretz without concern? And conversely, may those who live in Jerusalem, for example, travel to those questionable areas?

Beit She’an presents a unique situation. It was deliberately excluded from both the first and second sanctifications so that there would remain a region exempt from agricultural mitzvos, enabling the poor to obtain produce during Shemittah. This raises the same pair of questions: May one travel to Beit She’an? And for those who reside there, may they leave for chutz la’aretz?

Answers

Many contemporary halachic authorities have discussed this issue. Some understand these questions as matters of strict halacha, while others see them as matters of piety. Rav Yitzchok Zilberstein addresses this discussion in Chishukei Chemed (Gittin 2a).

The questions were those presented above: Is it permissible to travel from a place sanctified by Olei Bavel to a place sanctified only by Olei Mitzrayim? This would include places such as Beit She’an and its surrounding region, or Ashkelon and its surroundings -- areas which according to the Rambam in Hilchos Terumos 1:5 were not sanctified by Olei Bavel.

In his answer, Rav Zilberstein notes that the Ritva and Tosafos (Gittin 2a) derive from the fact that the sages would take leave of one another in Akko that one may not travel from an area sanctified by Olei Bavel to an area sanctified only by Olei Mitzrayim. The Ramban, however, rejects this proof.

The Kaftor VaFerach explains (11) that the sanctity established by the conquest of Olei Mitzrayim never disappeared, although the obligation of the agricultural mitzvos in those areas is uncertain. The Chazon Ish (Shevi’is 3:19) writes that even though the original sanctity still exists and there is a mitzvah to live in areas sanctified by Olei Mitzrayim, the sanctity of areas sanctified by Olei Bavel is on a higher level, and living there is more significant.

Based on these considerations, Rav Zilberstein concludes that areas sanctified by Olei Bavel possess a superior degree of sanctity in comparison to those sanctified only by Olei Mitzrayim. Ideally, one should choose to reside in an area sanctified by Olei Bavel and avoid traveling to areas sanctified only by Olei Mitzrayim, unless there is a true need.

A related incident is recorded in Sefer Tzvi LaTzaddik regarding Rav Tzvi Shapira, the son of the author of Tzitz HaKodesh. His doctors advised him to leave Jerusalem during the cold winter months and stay in Ramla. He hesitated because Tevu’os H’Aretz notes that Ramla was not sanctified by Olei Bavel, and he wished to be stringent. After further inquiry together with Rav Zalman Levy zt”l, they concluded that Ramla had in fact been sanctified by Olei Bavel. Only then was he willing to go.

Rav Chaim Kaniyevsky in Derech Emunah (Hilchos Terumos 1:175) rules that the defining factor for determining whether a place is part of Eretz Yisrael or not is the conquest of Olei Mitzrayim. Therefore, Sidon, which lies within the territory of the tribe of Asher and was conquered by Shlomo HaMelech but not settled, is not considered Eretz Yisrael, and one should not travel there.

In practice, these questions depend on numerous details and differing opinions, many of which were discussed in earlier articles. For any specific case, one should consult a qualified halachic authority who can weigh the various views and evaluate the necessity of travel before issuing a final ruling.

 

 

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