Living with the non-Jew in Eretz Israel
The Sidra of Masei defines with great exactitude the borders of the land of
Israel. Further, in his commentary on the verse “and you shall drive out the
inhabitants of the land, and dwell therein: unto you have I given the land to
possess it”
[Bemidbar33:35], Rambam identifies this verse as a Biblical imperative, one of
the 613 Mitzvot, to capture and settle the land and not to allow it to pass into
the control of other people.
Since capturing and retaining are part of the same mitzvah, and since in
capturing, lives are placed in danger, there are those who reason that
halachichally we must retain the entire land even if in so doing we place lives
in danger.
On the other hand, others point to a comment of the Rambam himself to the effect
that land was left unconquered in the time of Ezra for purely economic reasons.
Surely then, they argue, land may be relinquished if in so doing security for
Israel is effected – a far more valuable commodity than mere economic solvency.
Whilst dealing with the subject it is pertinent to ask what is the attitude of
the halacha to the often expressed view of the followers of the late Meir
Kahane, that there should be a campaign for the expulsion of all Arabs from
Israel.
As the Jews prepare to enter Israel they are warned by G-d regarding the
non-Jewish nations who already inhabit the land: “ Do not permit them to live in
your land”[Shemot 23:33]. In the opinion of a large number of scholars[Rashi
Gittin 45a, Ravad and Sefer Mitzvot Gedolot] it applies exclusively to the seven
nations who inhabited Israel at that time and who have since vanished into
history.
It is true that Maimonides accepts this ruling to apply to all non-Jews. But
according to him this law does not apply nowadays for a different reason. A “Ger
Toshav” is defined as a non-Jew who enjoys the right to live in Israel.
According to Maimonides the definition of a “Ger Toshav” is one who has
renounced idolatry. Since halachichally we rule that neither Christianity nor
Islam is idolatry, even though they represent a deviation from the true belief
in G-d, we would not be allowed to expel them from our land.
There is,however, additionally another prohibition to be considered – “lo
techonem – you shall show no mercy to them” [Devarim 7:22], which the Talmud
interprets as “ you shall not give them Chaniyah, place to camp in the land”,
i.e., not to sell to or otherwise give property to the non-Jew.
The Minchat Chinuch categorically states that this is a prohibition which
forbids us to transfer land to a non-Jew. If he owns land, however, we are not
enjoined to dispossess him of it.
There is no question that the overwhelming majority opinion is against
dispossessing Arabs of their land. If one were to espouse a minority view this
brings with it untold pitfalls. This is demonstrated by the Sefer Yeraim who
includes in the injunction “do not permit them to live in the land”, not only
non-Jews, but Jews who wilfully desecrate Jewish practice. We have a basis for
this in the injunction itself – “do not permit them to live in the land, lest
they cause you to sin against me”. Surely this is a powder keg which no one
would choose to tamper with.
However, as we approach Tisha B’av it is imperative that we direct our attention
to a most fundamental issue. In the second paragraph of the Shema we are
forewarned….”take heed to yourselves, lest your heart be deceived and you turn
aside and serve other gods and bow down to them”. [Devarim 11:16]. Surely “and
bow down to them” is included in the previous phrase of serving other gods? Why
then single it out? Rabbi Yizchak Hutner suggested that “bowing down” may be
directed to another form of idolatry – to the ground , worshipping the land
itself.
This then becomes the cause for “and you shall perish quickly from off the good
land which the Lord gave you” when the land becomes the end and not the means to
the end.
Our claim to Israel is ultimately predicated on the Torah. The Bible is our
mandate. Our permanence in the land however, depends on the degree to which the
Torah is encoded in the land.
Could this be to what our Rabbis referred when in answer to the question “why
did we lose the land?” they answered “Shelo barchu baTorah techilah” not as is
usually translated “they did not make a blessing before reading the Torah”, but
rather as “they did not look upon the Torah as a priority”. The land was lost
when the Torah took second place.
