Living in Israel: Difference between revisions
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→Taking Sefarim out of Israel
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# There is a mitzvah to make aliyah even if that means leaving one’s parents outside Israel.<ref>Yabia Omer YD 11:40. | # There is a mitzvah to make aliyah even if that means leaving one’s parents outside Israel.<ref>Yabia Omer YD 11:40. | ||
* The Ramban counts it as a | * The Ramban counts it as a biblical mitzvah that the Rambam forgot. There are many discussions of gemara and rishonim that indicate that it is a mitzvah even nowadays. The discussion of divorcing your wife without a ketubah, freeing a slave if he wants to make aliyah, having a non-Jew write for the purpose of buying land in Israel nowadays all indicate that there's a mitzvah to live in Israel today. | ||
* Rav Moshe Feinstein held that the mitzvah of making aliyah is a mitzvah that you can opt to fulfill but it isn't obligatory to go and fulfill it. It is similar to tzitzit. The Avnei Nezer supports this concept. Yabia Omer strongly disagrees and quotes many others who disagree with that approach.</ref> | * Rav Moshe Feinstein held that the mitzvah of making aliyah is a mitzvah that you can opt to fulfill but it isn't obligatory to go and fulfill it. It is similar to tzitzit. The Avnei Nezer supports this concept. Yabia Omer strongly disagrees and quotes many others who disagree with that approach.</ref> | ||
# Some hold that it is permitted to make aliyah even if it means that one is leave one's parents and not fulfill kibud av.<ref>Yabia Omer YD 11:40. Parshat Derachim (lech lecha s.v. bmidrash) quotes midrash rabba beresheet 39 which writes that only avraham was allowed to abandon his father to make aliyah but others can’t follow his example. He proves this from other sources. However, Rav Ovadia quotes the Maharam Rotenberg who explicitly held that one should make aliyah even if it means negating kibud av. The Rivash might seem otherwise isn’t a proof.</ref> | # Some hold that it is permitted to make aliyah even if it means that one is leave one's parents and not fulfill kibud av.<ref>Yabia Omer YD 11:40. Parshat Derachim (lech lecha s.v. bmidrash) quotes midrash rabba beresheet 39 which writes that only avraham was allowed to abandon his father to make aliyah but others can’t follow his example. He proves this from other sources. However, Rav Ovadia quotes the Maharam Rotenberg who explicitly held that one should make aliyah even if it means negating kibud av. The Rivash might seem otherwise isn’t a proof.</ref> | ||
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</p><p class="indent">Another reason for this enactment was that it was felt that taking sefarim out of Eretz Yisrael lowers their level of holiness. Indeed, Eretz Yisrael, and anything holy that is in it, such as sefarim, assumes an additional measure of holiness, while in chutz la’aretz there is no such concept.<ref>B’tzel Hachachma 4:63:3; Shu''t Rabbi Shaul Moshe, OC 25, cited in Ma’adanei Asher, Ki Tavo 5766. </ref> In fact, it seems that at one time, even taking sefarim out of Jerusalem to use in other cities in Eretz Yisrael was frowned upon. This is because the holiness of Jerusalem is greater than the holiness of any other place in Eretz Yisrael. Therefore, removing sefarim from Jerusalem was also seen as lowering their level of holiness, even if they would remain in Eretz Yisrael.<ref>Kol Gadol 26.</ref> | </p><p class="indent">Another reason for this enactment was that it was felt that taking sefarim out of Eretz Yisrael lowers their level of holiness. Indeed, Eretz Yisrael, and anything holy that is in it, such as sefarim, assumes an additional measure of holiness, while in chutz la’aretz there is no such concept.<ref>B’tzel Hachachma 4:63:3; Shu''t Rabbi Shaul Moshe, OC 25, cited in Ma’adanei Asher, Ki Tavo 5766. </ref> In fact, it seems that at one time, even taking sefarim out of Jerusalem to use in other cities in Eretz Yisrael was frowned upon. This is because the holiness of Jerusalem is greater than the holiness of any other place in Eretz Yisrael. Therefore, removing sefarim from Jerusalem was also seen as lowering their level of holiness, even if they would remain in Eretz Yisrael.<ref>Kol Gadol 26.</ref> | ||
</p><p class="indent">Nevertheless, there have always been a number of exceptions to this rule. For example, it is permitted to ship sefarim to chutz la’aretz that were written or printed with the specific intention that they would be sent there.<ref>Yerushalmi Sanhedrin 3:9; B’tzel Hachachma 1:77:2; Kol Gadol 26.</ref> So too, a Torah scholar who moves from Eretz Yisrael to chutz la’aretz is permitted to take his personal sefarim library with him. It is also permitted to take sefarim out of Eretz Yisrael when one’s intention is to bring them back, such as when going on a trip and one wants to take some sefarim for the journey.<ref>B’tzel Hachachma 1:77:6.</ref> | </p><p class="indent">Nevertheless, there have always been a number of exceptions to this rule. For example, it is permitted to ship sefarim to chutz la’aretz that were written or printed with the specific intention that they would be sent there.<ref>Yerushalmi Sanhedrin 3:9; B’tzel Hachachma 1:77:2; Kol Gadol 26.</ref> So too, a Torah scholar who moves from Eretz Yisrael to chutz la’aretz is permitted to take his personal sefarim library with him. It is also permitted to take sefarim out of Eretz Yisrael when one’s intention is to bring them back, such as when going on a trip and one wants to take some sefarim for the journey.<ref>B’tzel Hachachma 1:77:6.</ref> | ||
</p><p class="indent">Almost all contemporary halachic authorities rule that in our day, when sefarim are abundant and relatively inexpensive, it is permitted to ship or otherwise take sefarim out of Eretz Yisrael without exception.<ref>Ibid., 4:63:2,4; Chaim Sha’al 2:38:95, Kol Gadol 26; Beit Ridbaz 40; Yabia Omer, CM 8:4.</ref> This is especially true when such sefarim are likely to make their way back to Eretz Yisrael.<ref>B’tzel Hachachma 4:63.</ref> Indeed, the original enactment was made at a time when sefarim were scarce and in short supply in Eretz Yisrael. So too, when the enactment was made, sefarim were handwritten and not mass produced as they are today. It is also noted that the three primary pillars of halacha, the Rif, the Rosh, and the Rambam, make no mention of this prohibition at all.<ref>Ibid., 1:77:5, 4:63:4.</ref> | </p><p class="indent">Almost all contemporary halachic authorities rule that in our day, when sefarim are abundant and relatively inexpensive, it is permitted to ship or otherwise take sefarim out of Eretz Yisrael without exception.<ref>Ibid., 4:63:2,4; Chaim Sha’al 2:38:95, Kol Gadol 26; Beit Ridbaz 40; Yabia Omer, CM 8:4.</ref> This is especially true when such sefarim are likely to make their way back to Eretz Yisrael.<ref>B’tzel Hachachma 4:63.</ref> Indeed, the original enactment was made at a time when sefarim were scarce and in short supply in Eretz Yisrael. So too, when the enactment was made, sefarim were handwritten and not mass produced as they are today. It is also noted that the three primary pillars of halacha, the Rif, the Rosh, and the Rambam, make no mention of this prohibition at all.<ref>Ibid., 1:77:5, 4:63:4.</ref> | ||
# Special thanks to Rabbi Ari Enkin author of the Peot HaShulchani and Dalet Amot Shel Halacha for this section. If you would like to purchase his books please [http://www.eichlers.com/Product/Books/Halachah_-_Jewish_Law/General_Issues/Amot-Shel-Halacha---Halachic-Insights---The-Dalet-Amot-Halacha-Series:-1-_H028-3.html click here]. | # Special thanks to Rabbi Ari Enkin author of the Peot HaShulchani and Dalet Amot Shel Halacha for this section. If you would like to purchase his books please [http://www.eichlers.com/Product/Books/Halachah_-_Jewish_Law/General_Issues/Amot-Shel-Halacha---Halachic-Insights---The-Dalet-Amot-Halacha-Series:-1-_H028-3.html click here]. | ||
# It is permitted to take a mezuzah outside Israel.<Ref>Agur Bohalecha 5:62</ref> | |||
==Sources== | ==Sources== | ||
<references/> | <references/> | ||
[[Category:Land of Israel]] | [[Category:Land of Israel]] | ||
