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Parshas VaYechi: Living in Eretz Yisrael No definitive Halacha LeMa'aseh conclusions should be applied to practical situations based on any of these Shiurim.
When Yosef tells the Egyptian leaders of his father Yaakov's wishes to be buried in Eretz Canaan, he explains that his father had asked him to swear that he would fulfill this request, and he describes Yaakov as having identified the place of burial as the grave "which I dug for myself in the land of Canaan" (Bereishis 50:5). The commentators are troubled by the word "karisi," "I dug," used here, presumably because Yaakov did not in fact dig the grave where he was to be buried. Rashi (Ibid.) consequently quotes other interpretations for this word, one of which is that Yaakov made a keri, a pile, of the gold and silver that he had accumulated while living with Lavan. Prior to resettling in Eretz Yisrael, Yaakov gave this pile to Eisav in exchange for the rights to the burial plot in Me'oras HaMachpeilah; it is that transaction that is being referred to by the word "karisi" here. Rashi explains elsewhere (Bereishis 46:6) that Yaakov gave Eisav specifically the gold and silver he had earned while with Lavan because he felt that "my possessions from outside the land have no value to me " indicating that when entering into Eretz Yisrael, he wanted no part of any wealth he had acquired when living outside of Eretz Yisrael. The Avnei Neizer (Sheilos U'Teshuvos Avnei Nezer Chelek Yoreh Deah Siman 454) uses this notion to support an interesting insight regarding the Mitzvah of living in Eretz Yisrael. He first documents that it is in fact a Mitzvah from the Torah for a Jew to reside in Eretz Yisrael. He further claims that this Mitzvah is certainly applicable today, even according to the Rambam, who others claim does not hold this way (See Hasagas HaRamban to Sefer HaMitzvos Hashmatas Ha'asin Mitzvah 4 and Ibid. Megillas Esther). He explains the Rambam's striking omission of this Mitzvah from his list of the Taryag (613) Mitzvos in the following manner. In the first part of his Sefer HaMitzvos, the Rambam outlines the principles which he uses to determine whether or not a particular Mitzvah ought to be enumerated as one of the Taryag. One of his rules is that whenever the Torah presents two Mitzvos where one is intended to facilitate the performance of the other, he lists only the first of the two and regards listing the second as unnecessary (See Sefer HaMitzvos Shoresh 9). For example, the purpose of building the Mishkan in the desert was to have a place for the Aron which contained the Luchos. The Rambam thus lists the Mitzvah to build the Mishkan (Ibid, Mitzvas Aseh 20), but does not find it necessary to list the Mitzvah to build the Aron. The Avnei Neizer (Ibid.) suggests similarly that there is a Mitzvah of "Hachareim Tacharimeim" which enjoins us to destroy the nations who occupy Eretz Yisrael, as presented later in the Torah (Devarim 20:13). The purpose of that Mitzvah is obviously not in order that the land should be unpopulated, but rather so that the Jews should be able to enter and inhabit it. Having enumerated this Mitzvah of Hachareim Tacharimeim (Ibid Mitzvah Aseh 187), the Rambam did not find it necessary to count independently the Mitzvah of settling in Eretz Yisrael. But he certainly considers Yishuv Ha'aretz, settling the land, a Mitzvah from the Torah. It should be noted that the Chazon Ish (Kovetz Iggaros L'HaChazon Ish Chelek 1, Iggeres 175) agrees that this Mitzvah is MideOraisa even according to the Rambam; this may also be deduced from statements of the Rambam himself in his Mishneh Torah (Hilchos Shabbos Perek 6 Halachah 11, and Hilchos Ishus Perek 3, Halacha 19-20). The Avnei Neizer (Ibid.) is troubled, however, by the question of why, if this is indeed a Mitzvah, so many Jews, including Rabbonim and Gedolim, do not live in Eretz Yisrael. After dismissing the answers of earlier Poskim which focus on traveling dangers and economic and other hardships as no longer being applicable today, (See Tosofos Kesuvos 110b s.v. Hu Omer, and Sefer Terumas HaDeshen, Pisakim U'Kisavim Siman 88) he suggests that the Mitzvah of Yishuv Ha'aretz is not fulfilled merely by physically residing in Eretz Yisrael. Rather, one must live on, and benefit directly from the land, so that one's primary livelihood comes from the land. If a person's income is provided mainly from abroad, he perhaps does not fulfill the Mitzvah, even though he may physically live in Eretz Yisrael. For this reason, the Avnei Neizer (Ibid.) suggests, many Rabbonim and Gedolim did not, and do not move to Eretz Yisrael, because they know that they would have to be supported by funds sent from outside the land and thus would not be fulfilling the Mitzvah properly anyway. A similar idea is suggested in a completely different context by the Chasam Sofer, in his commentary on the Torah entitled "Toras Moshe" (Parshas Shoftim, Devarim 20:5-6, s.v. Mi Ha'Ish-HaRishon), where he writes that the Mitzvah of Yishuv Ha'aretz implies a requirement to work on and contribute to the economic development of the land. To bolster this view, the Avnei Neizer (Ibid.) explains that Yaakov sought to dispose of the wealth he had garnered in Lavan's house, outside of Eretz Yisrael, so that when he would reenter Eretz Yisrael, he would live off of the land. In suggesting that one does not fulfill the Mitzvah of Yishuv Ha'aretz when most of one's money is sent from outside the land, the Avnei Neizer (Ibid.) apparently feels, as he suggests Yaakov did, that the main goal of living in Eretz Yisrael is to benefit from Hashem's direct Hashgachah over the land (See Devarim 11:12). It is noteworthy that the Pischei Teshuvah (Even Ha'Ezer Siman 75 Sif Katan 6) quotes another authority who also discusses the Mitzvah of Yishuv Ha'aretz at some length, and who concludes in a somewhat similar vein that the Mitzvah to live in Eretz Yisrael applies only if one can go there and have the ability to make a decent living, and not have to live off of Tzedakah or with undue hardship
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