My House – No Trespassing!

And Hashem spoke to Moshe saying, “Command Bnai Yisrael and say to them: When you come into the Land of Cana’an, this is the land that will be yours as a portion – the Land of Canan’an and its boundaries.” (Sefer BeMidbar 34:1-2)

1. The long journey described in Sefer BeMidbar

Parshat Massey concludes Sefer BeMidbar. It brings to a close the discussion of Bnai Yisrael’s travels in the wilderness. The people entered this wilderness with anticipation, hopes, and dreams. They understood that Moshe would lead them back to the land of their forefathers. They would conquer the Land of Canaan and transform it into the promised Land of Israel. Moshe had described to them the beauty of the land and its wonderful fertility. They looked forward to an end of centuries of suffering and toil on behalf of cruel masters. They envisioned fashioning their own future under the shadow of Hashem.

But, Sefer BeMidbar’s narrative continues to describe the shattering of this beautiful, inspiring vision. It tells the story of a squandered opportunity. Rather than seizing the opportunity to follow the cloud of Hashem into the land and to posses it through a swift, conclusive conquest, the nation was overwhelmed by fear and insecurity. The people refused to undertake the conquest. They were punished severely. They were condemned to wander for forty years in the barren wilderness. The generation that rejected the wonderful legacy of the Land of Israel would not enjoy its riches. Only their children – the next generation – would be granted the opportunity to possess the land promised to their patriarchs.

The final chapters of Sefer BeMidbar introduce the new generation that will be led into the Land of Israel and posses it. Parshat Chukat describes the conquest of the land bordering the eastern bank of the Jordan River. Parshat Pinchas describes the census taken of the nation. This census was conducted in anticipation of the possession of the land. The land will be apportioned among the shevatim – the tribes – and the families within the tribes based upon their numbers. Larger tribes and families will receive larger portions of the land.

In Parshat Massey the boundaries of the Land of Israel are defined. Further instructions are given to Moshe for the apportionment of the land among the shevatim – the tribes.

Sefer BeMidbar ends with the nations encamped on the eastern side of the Jordan River. The nation is prepared to embark upon the long awaited conquest of the land.

2. The sanctity of the Land of Israel and its meaning

The Land of Israel is endowed with sanctity. This sanctity is not an abstract or esoteric concept. It has concrete and practical implications. Many mitzvot of the Torah are tied to the Land of Israel and can only be observed upon the land that has this sanctity. For example, there are many commandments related to the agricultural cycle. When a field is harvested, a portion must be left to the poor. The Torah requires observance of this mitzvah in the Land of Israel and not in land that does not have the sanctity of the Land of Israel. This coming year we will observe the sabbatical – shemitah – year. Shemitah is only observed in the land endowed with the sanctity of the Land of Israel.

3. The basis of the land’s sanctity

However, this sanctity is not bestowed upon all of the land that is within the borders described in the parasha. Instead, the land only became sanctified with its conquest. In other words, the Land that Yehoshua and the people conquered became endowed with sanctity. Any portion of the land – even if it were within the borders described by the Torah – did not acquire sanctity if it was not included in the conquest.

Maimonides explains that this sanctity was not permanent. It was created through conquest, and therefore, it could only survive the exile of the Bnai Yisrael from the land. When the people were forced into their first exile, the sanctity of the land which was dependent upon their conquest was annulled. Those mitzvot that are tied to this sanctity could no longer be fulfilled by the remnant of the people that remained in the Land of Israel. Seventy years later, the nation returned to the land. They came as subjects of a foreign nation and not as conquerors. They took possession of the land but not as sovereign rulers. Nonetheless, the land was again endowed with sanctity. But this sanctity was not founded upon conquest. It was founded upon the possession of the land and its settlement. This sanctity is permanent and continues to this day. Subsequent exile did not terminate it. We made the land ours – not though conquest –but by binding ourselves to it though its settlement and development.[1]

In short, the sanctity of the land is not a consequence of its inclusion within the borders described in the Torah. Sanctity was initially created through conquest and permanently renewed through the possession and settlement of the land. Do these boundaries have any role?

4. Living in the land and possessing the land

Let us first consider a different issue. Are we still obligated to posses the Land of Israel or is it adequate for a person to live in the land? We now have the opportunity to live in the State of Israel. The State of Israel represents the realization of an ancient dream that remained alive and vibrant throughout centuries of exile – the restoration of Jewish sovereignty in the land of our forefathers and ancestors. From the perspective of the Torah is there a distinction between living in Israel as a Jewish State and living in Israel during the time of Ottoman rule? Is there a difference between living in Israel today or during the British mandate?

Maimonides’ treatment of this issue suggests that we have an obligation to live in Israel and that this obligation is very serious. Quoting the Sages, he compares one who lives outside of the Land of Israel to one who adopts idolatry. However, it is not clear from Maimonides’ treatment of this obligation that he distinguishes between living in the land when it is under Jewish sovereignty or when it is controlled by of some other nation.[2]

In contrast, Nachmanides acknowledges that there is an obligation to live in the Land of Israel. However, he explains that this obligation is subsumed within the commandment to take possession of the land and to assert our authority over it. According to Nachmanides this commandment has two essential components. First, we are obligated to posses the land and to settle it. Second, we are forbidden to allow any other nation to posses it or to allow the land to be desolate.[3]

According to Nachmanides, there is a fundamental difference between living in the Land of Israel under Ottoman control, or during the time of the mandate, and the opportunity that we have today. We do not fully observe the Torah’s commandment by simply living in the land. The commandment requires that we have control and sovereignty over the land and that we do not allow some other nation to rule over it.

5. The significance of the boundaries described in the Torah

Now let us return to the original question. What is the significance of the boundaries outlined in the Torah? As we have explained, the boundaries do not define the sanctity of the land. According to Nachmanides these boundaries are very important. They define the land that we are required to posses and not leave in the control of another nation or people.

6. Personal reflections

My wife Shirley and I recently returned from Israel. During our two weeks in Israel, Arabs rioted in East Jerusalem and rockets pounded Israel from the Negev to Haifa. A number of people expressed surprise that we did not curtail our trip and return to the safety of the United States. We cannot claim uncommon bravery. Either as a result of our ignorance, or our confidence in the defense resources of the State of Israel, we felt safe. However, we also felt an obligation to remain in Israel. We explained that we had no intention of shortening our trip. A person does not leave one’s home because a trespasser claims it as his. Staying in Israel was our way of expressing the message of Nachmanides. The Land of Israel is ours and no other nation may be allowed to seize it from us. The battle that has come upon us is not only about the security of our people. It is about our right and our divine duty to live in and posses the Land of Israel.

[1] Rabbaynu Moshe ben Maimon (Rambam / Maimonides) Mishne Torah, Hilchot Terumot 1:2-5.

[2] Rabbaynu Moshe ben Maimon (Rambam / Maimonides) Mishne Torah, Hilchot Melachim 5:12.

[3] Rabbaynu Moshe ben Nachman (Ramban / Nachmanides), Critique on Maimonides’ Sefer HaMitzvot -- Positive Commands that Maimonides Neglected to Include.