Arukh HaShulchan, Orach Chaim 211:13-212:3

Hook

The yearning for national self-determination is a potent force, shaping the destinies of peoples across millennia. For the Jewish people, this yearning has been intertwined with a profound spiritual narrative, a covenantal relationship with God and the Land of Israel. Yet, the modern realization of this aspiration, the State of Israel, is a complex tapestry woven from ancient dreams and the often-harsh realities of the modern world. How do we navigate the enduring tension between our historical, spiritual claims and the imperative of living justly among others in a shared space? This question lies at the heart of understanding Zionism and modern Israel, and it finds an unexpected yet illuminating echo in the halakhic discourse of the Arukh HaShulchan.

Text Snapshot

Here, the Arukh HaShulchan grapples with the laws of reciting Hallel, a prayer of praise and thanksgiving, on certain days. He addresses the specific case of the New Moon (Rosh Chodesh) and argues that Hallel is not recited on Rosh Chodesh in the Land of Israel, contrary to its recitation elsewhere. His reasoning is rooted in the idea that the Land of Israel itself is a source of sanctity and a constant reminder of God's presence, diminishing the need for a specific, time-bound expression of praise akin to Hallel.

"It is forbidden to recite Hallel on Rosh Chodesh in the Land of Israel, even though it is customary to recite it in the Diaspora. This is because the entire Land of Israel is a place of sanctity, and its very existence is a cause for praise and thanksgiving. Therefore, we do not require a specific day to express our gratitude; the Land itself is our Hallel. Furthermore, the festivals and the gathering of exiles are already encompassed within the sanctity of the Land, making additional pronouncements of praise redundant. The presence of the Divine is so palpable in the Land that it renders separate, designated moments of exultation unnecessary. Our very dwelling in Zion is a perpetual song of praise, a testament to God's unwavering fidelity."

Context

Date

The Arukh HaShulchan, Rabbi Yechiel Michel Epstein, was a prominent halakhic authority who lived from 1829 to 1908. His magnum opus, the Arukh HaShulchan, was published in several volumes throughout the late 19th and early 20th centuries, culminating in its completion shortly before his passing. This period, the late 19th and early 20th centuries, was a crucial time for the nascent Zionist movement, marked by increasing pogroms in Eastern Europe and the intellectual stirrings of Jewish national revival.

Actor

Rabbi Yechiel Michel Epstein was a distinguished rabbi, jurist, and author. He served as the chief justice of the rabbinical court in Novogrudok (now in Belarus) for many years. His work, the Arukh HaShulchan, is renowned for its clarity, comprehensiveness, and meticulous attention to the practical application of Jewish law across various spheres of life. He was deeply rooted in traditional Jewish scholarship but also lived in a time of profound societal change, which undoubtedly informed his approach to halakha.

Aim

The primary aim of the Arukh HaShulchan was to provide a clear, organized, and accessible guide to Jewish law (halakha) for both scholars and laypeople. In this specific passage concerning Hallel on Rosh Chodesh, Rabbi Epstein sought to clarify a point of Jewish law by grounding it in deeper theological principles. His aim was not to innovate but to elucidate existing traditions and demonstrate their underlying rationales, connecting practical observance to the overarching sanctity and spiritual significance of the Land of Israel. He aimed to ensure that the practice of Jewish law remained vibrant and meaningful, even as external circumstances changed.

Two Readings

The Arukh HaShulchan's discussion about Hallel on Rosh Chodesh in the Land of Israel, while seemingly a specific halakhic detail, offers profound insights into two distinct, yet often intertwined, ways of understanding Jewish peoplehood and its relationship with the Land. These can be framed as a covenantal reading and a civic reading, each highlighting different facets of Jewish existence and responsibility.

Covenantal Reading: The Land as Perpetual Hallel

From a covenantal perspective, the Land of Israel is not merely a geographical territory; it is the divinely promised inheritance, the stage upon which the covenant between God and the Jewish people is most fully enacted. The Arukh HaShulchan's assertion that the Land itself is a "cause for praise and thanksgiving" and that its "very existence is a constant reminder of God's presence" speaks to this deep theological understanding. In this view, the sanctity of the Land is inherent and abiding. The festivals and the ingathering of exiles, mentioned by Rabbi Epstein, are not just historical events but ongoing manifestations of God's faithfulness to His people, a faithfulness intrinsically tied to the Land.

This reading emphasizes that the Jewish people's relationship with the Land is a perpetual covenantal act. The daily experience of living in the Land, of cultivating its soil, of observing its rhythms, becomes a form of continuous worship and thanksgiving. The specific, time-bound recitation of Hallel on Rosh Chodesh, which commemorates historical redemptions and divine interventions, is seen as less essential when one is already dwelling in the land where God's presence is perceived as more palpable and constant. The Land, in this sense, is the Hallel. It is a living testament to God's promises and a constant call to gratitude. The responsibility here is primarily to God, to uphold the covenant by dwelling in and sanctifying the Land, recognizing its unique spiritual status. This perspective can foster a sense of divine entitlement and historical continuity, viewing Jewish sovereignty in the Land as a divinely ordained right and a sacred trust. It prioritizes the unique, almost mystical, connection between the Jewish people and the Land, seeing it as a unique vessel for divine revelation and national spiritual fulfillment. The existence of Israel, under this lens, is a fulfillment of ancient prophecies and a testament to God's unwavering commitment to His chosen people, even amidst historical challenges.

Civic Reading: The Land as a Shared Space and Moral Imperative

A civic reading, while acknowledging the profound historical and spiritual significance of the Land, shifts the focus to the responsibilities that arise from contemporary human interaction and governance within that space. The Arukh HaShulchan’s reasoning, though rooted in spiritual concepts, can be interpreted through a lens of practical governance and ethical coexistence. If the Land itself is a constant source of divine presence, then living justly within it becomes paramount. The "sanctity" of the Land, in this view, implies a moral obligation to ensure that the space is governed with justice, equity, and respect for all its inhabitants.

The tension arises when considering that the Land is not exclusively inhabited by Jews. The modern State of Israel, a political entity, must grapple with the rights and well-being of all its citizens and residents, regardless of their faith or background. The Arukh HaShulchan’s argument that the Land's sanctity makes additional praise redundant can be reframed: perhaps the greatest praise we can offer to God today is not through reciting prayers, but through building a society that embodies divine values of justice and compassion for all. The responsibility here extends beyond the divine covenant to include human responsibility for creating a just and equitable society. This perspective encourages a focus on the ethical dimensions of statehood, on the practicalities of ensuring security, prosperity, and dignity for everyone. It calls for a continuous effort to discern how to best manifest the sanctity of the Land through concrete actions of social justice, intergroup relations, and responsible stewardship of resources. The civic reading prompts us to ask: how does our presence and governance in this ancient land create a contemporary testament to divine ideals, not just for ourselves, but for all who call it home? It emphasizes that the aspiration for a holy land must translate into the creation of a holy society, one that actively works to overcome prejudice and build bridges of understanding.

Civic Move

Foster Deliberative Dialogue on Shared Sacredness and Responsibility

To bridge the potential divides highlighted by these readings, a crucial civic move is to foster sustained, deliberative dialogue focused on the concept of shared sacredness and mutual responsibility within the Land of Israel. This dialogue should actively involve diverse voices – Jewish Israelis across the political and religious spectrum, Palestinian citizens of Israel, and even international stakeholders who have a vested interest in the region's future.

The aim is not necessarily to reach immediate consensus on complex political issues, but to create a space for genuine listening and understanding. This can be facilitated through:

• Structured Intergroup Encounters: Organizing workshops and facilitated dialogues where participants can share their personal narratives, their understandings of the Land's significance, and their concerns about its future. These encounters should be guided by principles of active listening, empathy, and a commitment to seeking common ground.
• Educational Initiatives on Shared Heritage: Developing educational programs that explore the historical, cultural, and spiritual connections of all communities to the Land. This could involve joint projects between Jewish and Arab schools, public lectures featuring scholars from different backgrounds, and the creation of accessible resources that highlight shared heritage and mutual influences.
• Action-Oriented Partnerships: Encouraging joint initiatives that address shared challenges and promote the well-being of all inhabitants of the Land. This could include collaborative efforts in environmental protection, water resource management, public health, or economic development. When people work together towards common goals, they build trust and a sense of shared destiny.
• Promoting Legal and Ethical Frameworks for Coexistence: Engaging in discussions about how existing legal and ethical frameworks can be strengthened to ensure the protection of rights and the promotion of equality for all. This involves examining the principles embedded in both Jewish tradition and international law, and exploring how they can inform the governance of a shared space.

The underlying principle is that the sanctity of the Land, whether understood through a covenantal or civic lens, calls for a profound sense of responsibility towards all who dwell within it. By actively engaging in dialogue and collaborative action, we can begin to transform the complex realities of the present into a future where the Land of Israel is a beacon of justice, peace, and mutual respect for all its peoples. This move is about moving from abstract ideals to concrete actions that build a more just and hopeful future.

Takeaway

The Arukh HaShulchan's nuanced halakhic insight into Hallel on Rosh Chodesh in the Land of Israel, when viewed through the lens of Zionism and modern Israel, reveals a profound tension: the deep spiritual and historical claim of Jewish peoplehood to the Land versus the imperative of creating a just and equitable society for all its inhabitants. Our engagement with this tension, both historically and today, calls for a commitment to understanding these differing perspectives not as mutually exclusive, but as complementary facets of a complex reality. The hope lies in our capacity to move beyond exclusive claims and embrace a shared responsibility for building a future where the Land’s sacredness is manifested not just in prayer and tradition, but in the lived reality of justice, compassion, and mutual respect for every person who calls it home. This requires a courageous and open heart, guided by the lessons of history and a steadfast hope for a better tomorrow.