Wednesday, December 26, 2018

Living In Israel According To The Rambam

In shul today someone told me matter of factly that the mitzva of living in Eretz Yisrael bi-zman ha-zeh is a machlokes between the Rambam [no] and the Ramban [yes]. I was horrified. To me, it trivializes the mitzva about which Chazal say EQUALS ALL THE MITZVOS OF THE TORAH!! Like, it is a matter of personal taste. Choose your posek/pleasure. Whatever you like is cool. 

There is ONE opinion that understands the Rambam this way [the Megillas Esther] but even according to him, there is still kedusha in Eretz Yisrael and it is preferable to live in a place with kedusha. [See Chasam Sofer Yo"d 233!!]

Four sources that prove that according to the Rambam the mitzva still applies:

Ishus 13-20 where he paskens that even bi-zman ha-zeh one may force his or her spouse to move to Israel. 

Shabbos 6-11 "When a person buys a house in Eretz Yisrael from a gentile, he is permitted to tell the gentile to compose a deed of sale on the Sabbath. Giving the gentile instructions [to perform a forbidden labor on the Sabbath] is a Rabbinic prohibition, and because [of the importance] of settling Eretz Yisrael the Sages did not enforce their decree in this instance."

Avoda Zara 10-3: It is forbidden to sell home to idolaters in Eretz Yisrael. 

Hilchos Melachim at the end of the fifth perek: It is forbidden to leave Eretz Yisrael. 

This is a brooooaaaad topic and I will close here.