The Sanctity of Eretz Yisrael - A Nuanced Approach

AND THE LAND WAS DEFILED, THEREFORE DID I VISIT THE INIQUITY THEREOF UPON IT, AND THE LAND VOMITED OUT HER INHABITANTS. Scripture was very strict in forbidding these sexual relationships on account of the Land which becomes defiled by them, and which in turn will vomit out the people that do [these abominations]. Now forbidden sexual relationships are matters affecting personal conduct, and do not depend on the Land, [so why should the Land be affected by these personal immoral acts]? But the secret of the matter is in the verse which states, When the Most High gave to the nations their inheritance, when He separated the children of men, He set the borders of the people, etc. For the portion of the Eternal is His people etc. The meaning thereof is as follows: The Glorious Name created everything and He placed the power of the lower creatures in the higher beings, giving over each and every nation in their lands, after their nations some known star or constellation, as is known by means of astrological speculation. It is with reference to this that it is said, which the Eternal thy G-d hath allotted unto all the people, for He allotted to all nations constellations in the heavens, and higher above them are the angels of the Supreme One whom He placed as lords over them, as it is written, But the prince of the kingdom of Persia withstood me, and it is written, lo, the prince of Greece shall come. They are called “kings,” as it is written [there], and I was left over there beside the kings of Persia. Now the Glorious Name is G-d of gods, and Lord of lords over the whole world. But the Land of Israel, which is in the middle of the inhabited earth, is the inheritance of the Eternal designated to His Name. He has placed none of the angels as chief, observer, or ruler over it, since He gave it as a heritage to His people who declare the Unity of His Name, the seed of His beloved ones [i.e., the patriarchs]. It is with reference to this that He said, and ye shall be Mine own treasure from among all peoples; for all the earth is Mine, and it is further written, so shall ye be My people, and I will be your G-d, and you will not be subject to other powers at all. Now He [also] sanctified the people who dwell in His Land with the sanctity of observing the laws against forbidden sexual relationships, and with the abundant commandments, so that they [His people] would be dedicated to His Name. It is for this reason that He said, And ye shall keep all My statutes, and all Mine ordinances, and do them, that the Land, whither I bring you to dwell therein, vomit you not out, and it is further written, But I have said unto you: ‘Ye shall inherit their Land, and I will give it unto you to possess it’ … I am the Eternal your G-d, Who have set you apart from the peoples, meaning to say, that He has set us apart from all the nations over whom He appointed princes and other celestial powers, by giving us the Land [of Israel] so that He, blessed be He, will be our G-d, and we will be dedicated to His Name. Thus the Land which is the inheritance of the Glorious Name, will vomit out all those who defile it and will not tolerate worshippers of idols, nor those who practise immorality. Now this section mentioned the Molech, which is a form of idolatry, together with the forbidden sexual relationships, and with reference to all of them He said, Defile not ye yourselves in any of these things; for in all of these the nations are defiled, and the Land vomited out her inhabitants [thus showing that the Land is unable to contain idol worshippers or those who practise immorality]. And so also did He say in the second section [i.e., in Seder Kedoshim], and I have set you apart from the peoples, that ye should be Mine, which is [the basis for] the strict prohibition against idolatry. Therefore He stated that it is because they are dedicated to His Name that He gave them the Land, as it is said, And I have said unto you: ‘Ye shall inherit their Land, and I will give it unto you to possess it’ … I am the Eternal your G-d, Who have set you apart from the peoples.
Now outside the Land of Israel, although it all belongs to the Glorious Name, yet its purity is not perfect, because of “the servants” who hold sway there, and the nations go astray after their princes to worship them as well. It is for this reason that Scripture states, the G-d of the whole earth shall He be called, since He is the G-d of gods Who rules over all, and He will in the end punish the host of the high heaven on high, removing the celestial powers and demolishing the array of “the servants,” and afterwards He will punish the kings of the earth upon the earth. This is the meaning of the verse stating, The matter is by the decree of ‘irin’ (the wakeful ones), and ‘sh’elta’ (the sentence) by the word of the holy ones, meaning, the matter that was decreed on Nebuchadnezzar [that he be driven from men and eat grass as oxen etc.] is the pronouncement of the guarding angels and the sentence of the word of the holy ones, who have ordained on the powers emanating from them that it be so. They [the angels] are called irin [literally: “the wakeful ones”], because from their emanations proceed all the powers that stir all activities, similar to that which it says, and behold ‘ir’ (a wakeful one) and a holy one came down from heaven. He cried aloud, and said thus: ‘Hew down the tree etc. — [In the verse] And ‘sh’elta’ (the sentence) is by word of the holy ones, [the word sh’elta] is like sha’alu, meaning first “they ask” what is the will of the Supreme One about it, and afterwards they decree that it be so done. It is with reference to this that Daniel told Nebuchadnezzar, it is the decree of the Most High, for everything is from Him, blessed be He.
Thus the Glorious Name, blessed be He, is G-d of gods, in the whole world, and G-d of the Land of Israel which is the inheritance of the Eternal. This is the meaning of the expression, and he will go astray after the foreign gods of the Land, for the gods are foreign to the Land of G-d and His inheritance. This is what Scripture means when it states [of the Cutheans who were settled by the king of Assyria in the cities of the kingdom of Israel], they knew not the manner of the G-d of the Land; therefore He hath sent lions among them, and, behold, they slay them, because they know not the manner of the G-d of the Land. Now the Cutheans were not punished in their own land when they worshipped their gods, by G-d sending lions among them, but only when they came into the Land of G-d and conducted themselves as before, did He send lions among them who slew them. And so the Rabbis taught in the Sifra: “And the Land vomit not you out also etc. The Land of Israel is unlike other lands; it is unable to contain sinners.” And in the Sifre we find that the Rabbis taught: “And there was no strange god with Him [when He took Israel out of Egypt, and protected them during their wandering through the wilderness], so that none of the princes of the nations should have power to come and exercise authority over you, something like that which it is said, and when I go forth, lo, the prince of Greece shall come, etc.” This is the meaning of the saying of the Rabbis: “Whoever lives outside the Land, is as if he had no G-d, for it is said, I am the Eternal your G-d, Who brought you forth out of the land of Egypt, to give you the land of Canaan, to be your G-d, and it is further said, for they have driven me [David] out this day that I should not cleave unto the inheritance of the Eternal, saying: Go, serve other gods.” And in the Tosephta of Tractate Abodah Zarah the Rabbis have said: “Now it is said, And I [Jacob] will come back to my father’s house in peace, then shall the Eternal be my G-d, and it is further said, to give you the land of Canaan, to be your G-d. When you are in the land of Canaan I am your G-d. When you are not in the land of Canaan, I am not your G-d if it were at all possible to say so [for He is our G-d under all circumstances and in all places]. Similarly it is said, about forty thousand ready armed for war passed on in the presence of the Eternal unto battle, and it is further said, and the Land is subdued before the Eternal, and before His people. But how could it enter one’s mind that Israel subdued the Land before the Eternal [as if to say that they captured it for His sake]? But [this teaches that] as long as they are upon the Land, it is as if it were subdued [before Him, since He is their G-d, as explained above], but when they are not upon it, it is not subdued.”
It is on the basis of this matter that the Rabbis have said in the Sifre: “And ye perish quickly from off the good Land. Although I banish you from the Land to outside the Land, make yourselves distinctive by the commandments, so that when you return they shall not be novelties to you. This can be compared to a master who was angry with his wife, and sent her back to her father’s house and told her, ‘Adorn yourself with precious things, so that when you come back they will not be novelties to you.’ And so did the prophet Jeremiah say [to the people in exile in Babylon], Set thee up waymarks. These are the commandments, by which Israel is made distinctive.” Now the verses which state, and ye perish quickly … and ye shall lay up these My words etc. only make obligatory in the exile [the observance of those commandments] affecting personal conduct, such as the [wearing of] phylacteries and [placing of] Mezuzoth [these being specifically mentioned there in the following words of Scripture], and concerning them the Rabbis [in the above text of the Sifre] explained [that we must observe them] so that they shall not be novelties to us when we return to the Land, for the main [fulfillment] of the commandments is [to be kept] when dwelling in the Land of G-d. Therefore the Rabbis have said in the Sifre: “And ye shall possess it, and dwell therein. And ye shall observe to do all the statutes etc. Dwelling in the Land of Israel is of equal importance to all the commandments of the Torah.” A similar statement is also found in the Tosephta of Tractate Abodah Zarah. This in fact was the thought of the wicked ones who [misusing the intention of the above statement], said to the prophet Ezekiel [whose prophetic activity was in the Babylonian exile]: “Our master Ezekiel, if a servant is sold by his master, does the master still have any claim to him?” For it is said, and that which cometh into your mind shall not be at all; in that ye say: We will be as the nations, as the families of the countries, to serve wood and stone. And this was the command of our patriarch Jacob to his household, and to all that were with him, at the time that they came into the Land, Put away the strange gods that are among you, and purify yourselves. And G-d, by Whom alone actions are weighed, [brought it about] that Rachel died on the way when they started coming into the Land, for on account of her own merit she did not die outside the Land, and for Jacob’s merit, he could not dwell in the Land with two sisters [in their lifetime, since this is forbidden in the Torah, and the laws of the Torah were observed by our ancestors in the Land of Israel even before the Torah was given on Sinai], and she [Rachel] was the one by whose marriage the prohibition against two sisters took effect [since Jacob was already married to Leah]. It would appear that Rachel became pregnant with Benjamin before they came to Shechem, and while in the Land Jacob did not touch her at all, for the reason that we have mentioned. And the prophet states, And first I will recompense their iniquity and their sin double; because they have profaned My Land; they have filled Mine inheritance with the carcasses of their detestable things and their abominations. This matter [i.e., that the Land of Israel is the inheritance of the Eternal and thus cannot tolerate sinners] is found in many places in the Scriptures, and you will see it clearly after I have opened your eyes to it.
Now Rabbi Abraham ibn Ezra commented in the section of Vayeilech: “We know that G-d is One, and changes arise because of those who receive [His beneficent deeds], but G-d does not change His deeds, as they are all done in wisdom. And included in the worship of G-d is to guard the ability to receive [His beneficence] according to the place [so that if a particular place is holier than others, one must observe there more strictly the laws of holiness]. Therefore it is written [of the Cutheans, that they did not know] the manner of the G-d of the Land, and of Jacob it is said [when he came into the Land he told his household], put away the strange gods, and the extreme opposite of [the sanctity of] the place [i.e., the Land of Israel] is indulging in forbidden sexual relationships, as they are [sins of the] flesh. The student versed [in the mysteries of the Torah] will understand.” Thus are the words [of Rabbi Abraham ibn Ezra] of blessed memory.
Now do not refute me [in what I have written above, that Israel is under the direct guidance of G-d alone, and no celestial power determines their fate], by citing the verse, Michael your prince, for he is only a ministering angel who implores mercy for Israel, but is in no way a prince exercising any royalty or power. So was also the captain of the host who appeared to Joshua at Jericho, showing him that G-d had sent him to fight their battles, similar to [that which happened in the days of] Hezekiah. Besides, this matter [of Michael imploring mercy for Israel] was when we were already outside the Land of Israel.
Now I do not have permission to explain on the subject of ha’aretz (“the earth” or “the Land”) more than this. But if you will merit to understand the first “earth” mentioned in the verse of Bereshith (In the beginning G-d created the heaven and the earth), and also the one mentioned in the section of Im Bechukothai, you will know a profound and sublime secret, and you will further understand what our Rabbis have said: “The Sanctuary on high is exactly opposite the Sanctuary below.” I have already alluded to this on the verse, for all the earth is Mine. Now Scripture mentions that the people of the land of Canaan were punished on account of their immoral [sexual] deeds. And our Rabbis have said that they were warned about these matters from the time of creation, when these laws were declared to Adam and to Noah, for He does not punish unless He admonishes first. Scripture, however, did not state the admonition, but instead said that the Land would vomit them out, for the Land abhors all these abominations. Now the Canaanites were not the only ones who were admonished about these matters [for since these laws were declared to Adam and Noah, they applied to all mankind], and the Scriptural section mentions specifically, After the doings of the land of Egypt, wherein ye dwelt, shall ye not do, which proves that the Egyptians also did all these abominations, and yet the land of Egypt did not vomit them out, nor did the lands of other nations vomit them out! Rather, this whole subject shows the distinction of the Land [of Israel] and its holiness [so that it alone is unable to retain sinners]. Scripture states, and the Land vomited out [using a past tense, although the Canaanites were still living there], for from the time that He was to punish [them] for the sins committed upon her [i.e. the Land], having decreed destruction upon the Canaanites, it is as if the Land had already vomited them out. Or it may be that the expression, and the Land vomited out is a reference to above, similar to what is said, their defense is removed from over them.

"and dwell in their land": It happened with R. Yehudah b. Betheira, R. Mathia b. Charash, R. Chanina b. Achi, R. Yehoshua and R. Yonathan, who were traveling abroad and arrived at Paltom, that they remembered Eretz Yisrael, whereupon they raised their eyes and wept and rent their garments, and recited this verse: "Take heed and hearken to all of these things … and dwell in their land" — at which they said: Dwelling in Eretz Yisrael is over and against all of the mitzvoth in the Torah — and they returned and came to their place.

23. The Rabbi answered: The visible Shekhināh has, indeed, disappeared, because it does not reveal itself except to a prophet or a favoured community, and in a distinguished place. This is what we look for in the passage: 'Let our eyes behold when Thou returnest to Zion.' As regards the invisible and spiritual Shekhināh, it is with every born Israelite of virtuous life, pure heart, and upright mind before the Lord of Israel. Palestine is especially distinguished by the Lord of Israel, and no function can be perfect except there. Many of the Israelitish laws do not concern those who do not live there; heart and soul are only perfectly pure and immaculate in the place which is believed to be specially selected by God. If this is true in a figurative sense, how much more true in reality, as we have shown Thus the longing for it is awakened with disinterested motives, especially for him who wishes to live there, and to atone for past transgressions, since there is no opportunity of bringing the sacrifices ordained by God for intentional and unintentional sins. He is supported by the saying of the Sages: 'Exile atones for sins,' especially if his exile brings him into the place of God's choice. The danger he runs on land and sea does not come under the category of: 'You shall not tempt the Lord' (Deuteronomy 6:16); but the verse refers to risks which one takes when travelling with merchandise in the hope of gain. He who incurs even greater danger on account of his ardent desire to obtain forgiveness is free from reproach if he has closed the balance of his life, expressed his gratitude for his past life, and is satisfied to spend the rest of his days in seeking the favour of his Lord. He braves danger, and if he escapes he praises God gratefully. But should he perish through his sins, he has obtained the divine favour, and may be confident that he has atoned for most of his sins by his death. In my opinion this is better than to seek the dangers of war in order to gain fame and spoil by courage and bravery. This kind of danger is even inferior to that of those who march into war for hire.

(5) All of the lands that [the Jews] who ascended from Egypt took possession of were sanctified in the first consecration [of the land]. When they were exiled, that sanctity was nullified. [The rationale is that] the initial consecration came about because of the conquest. [Hence,] its consecration was effective for the time [it was under their rule], but not for all time. When, by contrast, the descendants of the exiles ascended [from Babylon] and took possession of a portion of the land, they consecrated it a second time. [This consecration] is perpetuated forever, for that time and for all time.
[The Sages] left those places that had been settled by [the Jews who] ascended from Egypt, but were not settled by those who ascended from Babylon in their previous [halachic status] and did not exempt them from [the obligations of] terumah and tithes so that the poor could rely upon them in the Sabbatical year. Our holy teacher released Beit Shan from those places which [the Jews] who ascended from Babylon did not take hold of. He decided that Ashkelon should be exempted from the tithes.

There are ten grades of holiness: the land of Israel is holier than all other lands. And what is the nature of its holiness? That from it are brought the omer, the firstfruits and the two loaves, which cannot be brought from any of the other lands.

Rabbi Samlai taught: For what reason did Moses our teacher greatly desire to enter Eretz Yisrael? Did he need to eat of its produce, or did he need to satisfy himself from its goodness? Rather, this is what Moses said: Many mitzvot were commanded to the Jewish people, and some of them can be fulfilled only in Eretz Yisrael, so I will enter the land in order that they can all be fulfilled by me.

On that day ה׳ made a covenant with Abram: “To your offspring I assign this land, from the river of Egypt to the great river, the river Euphrates—

The Gemara explains: From where do we derive that he rendered it prohibited? Rabbi Elazar says: This halakha is like the halakha that applied at the outset of the Jewish people’s conquest of Eretz Yisrael, when the Torah commanded them to destroy any trees that were used as part of idolatrous rites [asherim], as the Merciful One states: “And you shall break down their altars…and you shall burn their asherim with fire” (Deuteronomy 12:3). Now, Eretz Yisrael is the inheritance of the Jewish people from their ancestors, and a person does not render forbidden an item that is not his. If so, how could the gentiles render the trees forbidden, as the land was not theirs?

How does Rebbi Eliezer explain the reason of Rebbi Aqiba, (Num. 15:17) “To the Land into which I am bringing you?” The colleagues in the name of Rebbi Eleazar, Rebbi Abba in the name of Rebbi Eleazar, Rebbi Hila in the name of Rebbi Simeon ben Laqish: So did Rebbi Aqiba object to Rebbi Eliezer: Do you not agree that when Israel entered the Land and found there coarse and fine flour that this was subject to ḥallah? Did it not grow while exempt? He accepted that. Rebbi Yose said, I am wondering how could Rebbi Aqiba object to Rebbi Eliezer and how could the latter accept it? There, before they entered they had inherited it retroactively, as Rebbi Huna said in the name of Rebbi Samuel ben Naḥman: It is not written “to your posterity I shall give” but (Gen. 15:18): “to your posterity I gave”, I already gave it.

GEMARA: The Gemara comments: In the mishna that teaches that Zelophehad and Hepher were entitled to portions in Eretz Yisrael, we learned in accordance with the opinion of the one who says: Eretz Yisrael was divided among those who left Egypt.The Gemara cites a baraita that presents three opinions as to how Eretz Yisrael was divided. As it is taught in a baraita that Rabbi Yoshiya says: Eretz Yisrael was divided among those who left Egypt, as it is stated: “According to the names of the tribes of their fathers they shall inherit” (Numbers 26:55), which teaches that the Jewish people would inherit Eretz Yisrael according to the names of their fathers, i.e., those who left Egypt. Rabbi Yoshiya continues: But how do I realize the meaning of the verse: “Unto these the land shall be divided for an inheritance” (Numbers 26:53), which indicates that the land was to be divided among those recently counted in the wilderness, i.e., those who would enter Eretz Yisrael? He answers: “Unto these” teaches that the land will be divided among those who are like these people who were counted, in that they were adults above the age of twenty, to exclude the children, who were not entitled to a portion in Eretz Yisrael, as they were not of age at the time of the Exodus.The baraita presents a second opinion. Rabbi Yonatan says: Eretz Yisrael was divided among those who entered Eretz Yisrael, as it is stated: “Unto these the land shall be divided for an inheritance” (Numbers 26:53). But how do I realize the meaning of the verse: “According to the names of the tribes of their fathers they shall inherit” (Numbers 26:55)? This teaches that this inheritance is different from all other inheritances in the world, for in all other inheritances in the world, the living inherit from the dead, but here, the dead inherit from the living. In other words, the portions of land received by those who entered Eretz Yisrael were transferred to their fathers who left Egypt, and then inherited by the current generation, as the Gemara will now explain.Rabbi Yehuda HaNasi said: I will tell you a parable. To what is this matter comparable? To two brothers who were priests and who were in one town. One brother has one son, and one brother has two sons, and the sons all went to the threshing floor to collect teruma. This brother, who has one son, takes one portion of the teruma from his child, and that brother, who has two sons, takes two portions from his sons. And the brothers then return with the three portions to their father, and then redivide the portions among themselves equally, so that each brother receives one and one-half portions. When the brothers give their shares to their children, the son of the first brother will receive all that his father had received, while the sons of the other brother will divide what their father had received.The baraita presents a third opinion. Rabbi Shimon ben Elazar says:

§ Rav Asi says: And with regard to the definition of the majority that establishes liability for performance of a transgression on the basis of the ruling of a court, follow the majority of the residents of Eretz Yisrael, as it is stated: “And Solomon held the feast at that time, and all Israel with him, a great congregation, from the entrance of Hamath until the Brook of Egypt, before the Lord our God, seven days and seven days, fourteen days” (I Kings 8:65). The Gemara clarifies the words of this verse: Since it is written: “And all Israel with him,” why do I need to add: “A great congregation, from the entrance of Hamath until the Brook of Egypt”? Conclude from it: It is these residents of Eretz Yisrael who are characterized as a congregation; but those who reside outside Eretz Yisrael are not characterized as a congregation.

(8) I assign the land you sojourn in to you and your offspring to come, all the land of Canaan, as an everlasting holding. I will be their God.”

לאחזת עולם FOR AN EVERLASTING POSSESSION — and there I will be your God; but whoever resides outside the land is as if he has no God (Ketubot 110b).

(16) Why do I say that the original consecration sanctified the Temple and Jerusalem for eternity, while in regard to the consecration of the remainder of Eretz Yisrael, in the context of the Sabbatical year, tithes, and other similar [agricultural] laws, [the original consecration] did not sanctify it for eternity?
Because the sanctity of the Temple and Jerusalem stems from the Shechinah, and the Shechinah can never be nullified. Therefore, [Leviticus 26:31] states: "I will lay waste to your Sanctuaries." The Sages declared: "Even though they have been devastated, their sanctity remains."
In contrast, the [original] obligation to keep the laws of the Sabbatical year and tithes on the Land stemmed from the fact that it was conquered by the [Jewish people, as a] community. Therefore, when the land was taken from their hands [by the Babylonians,] their [original] conquest was nullified. Thus, according to Torah law, the land was freed from the obligations of the Sabbatical year and of tithes because it was no longer Eretz Yisrael.
When Ezra returned [to Eretz Yisrael] and consecrated it, it was not sanctified by means of conquest, but rather through Chazzakah. Therefore, every place which was repossessed by the [exiles returning from] Babylon and consecrated when Ezra consecrated [the land] the second time, is sacred today.
Thus, as explained in Hilchot Terumah, it is necessary to keep the laws of the Sabbatical years and the tithes [on this land] even though it was taken from [the Jewish people in later years].

(6) There are ten grades of holiness: the land of Israel is holier than all other lands. And what is the nature of its holiness? That from it are brought the omer, the firstfruits and the two loaves, which cannot be brought from any of the other lands.