Arukh HaShulchan, Orach Chaim 215:4-216:7

As an educator, I believe that understanding the deep wellsprings of Jewish connection to the Land of Israel is essential for navigating the complexities of modern Zionism. This isn't just history; it's the living pulse of a people's identity, a source of profound hope, and, at times, a wellspring of profound ethical dilemmas. Our task is not to simplify, but to engage with this complexity with both a strong spine of conviction and an open heart of compassion.

Hook

The enduring dream of "Next Year in Jerusalem" is more than a nostalgic refrain; it is the spiritual bedrock of Jewish existence, a testament to an unbroken longing spanning millennia. For generations, this yearning for Zion was expressed through prayer, poetry, and pilgrimage, a distant beacon amidst the diasporic dispersion. Yet, what happens when a dream so deeply rooted in the sacred becomes a tangible, sovereign reality? What are the implications when the divine promise of a land becomes the lived experience of a modern nation-state, situated in a contested landscape shared with other peoples? This is the profound dilemma at the heart of our discussion: how do ancient imperatives, steeped in covenantal theology, translate into modern civic responsibilities in a world grappling with self-determination, human rights, and competing narratives of belonging?

Our text today, drawn from the Arukh HaShulchan, offers us a window into this question, not from the vantage point of a political manifesto, but from the rigorous world of Jewish law. Written on the cusp of modern Zionism, it articulates with unwavering clarity the mitzvah (commandment) of dwelling in the Land of Israel, proclaiming its immense spiritual significance. But in doing so, it implicitly—and for us, explicitly—raises crucial questions about the nature of this connection: Is it an exclusively spiritual calling, or does it carry a mandate for collective action? How does the sanctity of a land given by divine decree intersect with the practicalities of human settlement, land acquisition, and the building of a society in a world that demands justice and equity for all? This text challenges us to bridge the sacred and the mundane, to explore how an ancient, deeply personal religious obligation takes on powerful, and sometimes difficult, civic and national dimensions in the contemporary era of the State of Israel. It invites us to consider the hope inherent in return, and the responsibility that comes with making that return a just and sustainable reality for all who call this land home.

Text Snapshot

The Arukh HaShulchan, Orach Chaim 215:4-216:7, powerfully articulates the enduring commandment of dwelling in the Land of Israel:

"The mitzvah of dwelling in the Land of Israel is a great mitzvah, and it is equal to all the mitzvot of the Torah... For one who lives in the Land of Israel is like one who has a God, and one who lives outside the Land of Israel is like one who does not have a God." (215:4)

"And all the more so, in our generations, when there is no King or Sanhedrin, and we are not obligated to settle the land by war, but rather by gradual settlement and purchase, there is no greater mitzvah than this. For through this, the holiness of the land will return to its place, and the Jewish people will be able to dwell securely upon their land." (216:6)

Context

Date

Rabbi Yechiel Michel Epstein completed his monumental work, the Arukh HaShulchan, in 1903, though he published volumes throughout the late 19th and early 20th centuries, passing away in 1908. This places our text at a pivotal historical juncture: the twilight of traditional Jewish life in Eastern Europe and the dawn of modern political Zionism. The era was marked by escalating antisemitism, devastating pogroms in the Russian Empire, and the rise of secular ideologies, including the Haskalah (Jewish Enlightenment), which challenged traditional rabbinic authority. Simultaneously, the Hibbat Zion (Lovers of Zion) movement was gaining momentum, establishing early agricultural settlements in Ottoman Palestine, while Theodor Herzl's Der Judenstaat (1896) had ignited the flame of political Zionism, advocating for a sovereign Jewish state. The Arukh HaShulchan thus emerges from a world grappling with both existential threats to Jewish communities and radical new visions for Jewish continuity and self-determination.

Actor

Rabbi Yechiel Michel Epstein (1829-1908) was a prominent Lithuanian halakhist (master of Jewish law) and posek (decisor of Jewish law). He served as the Rabbi of Novardok for over thirty years. Unlike some of his contemporaries who focused on highly abstruse legal arguments, Rabbi Epstein's lifelong project was to create a comprehensive and accessible codification of Jewish law, encompassing the entire Shulchan Arukh, alongside a review of the Talmudic and post-Talmudic sources. His aim was to explain the reasoning behind the halakha, often synthesizing diverse opinions, and providing practical, authoritative rulings for everyday Jewish life. He was deeply rooted in the traditional yeshiva world, yet his magnum opus, the Arukh HaShulchan, was groundbreaking in its scope and clarity, quickly becoming a foundational text for halakhic study and practice, particularly in Ashkenazi communities. His commitment was to the continuity of Torah and mitzvot, seeking to ensure that Jewish law remained vibrant and relevant for his generation.

Aim

The Arukh HaShulchan's primary aim in these sections (and throughout his work) was to unequivocally reaffirm the mitzvah of dwelling in the Land of Israel as an active, contemporary, and paramount commandment in Jewish law. He meticulously argues against interpretations, notably that of Maimonides (Rambam), which suggested this mitzvah was only applicable when the Jewish people had sovereignty over the land or were obligated to conquer it by military means. Instead, Rabbi Epstein sides firmly with Nachmanides (Ramban) and other authorities who maintained its perpetual validity, regardless of political circumstances. His specific emphasis on "gradual settlement and purchase" (216:6) as the permissible and indeed praiseworthy means of fulfilling this mitzvah in his time is crucial. He sought to imbue the physical act of settling the land with profound spiritual significance, seeing it as a catalyst for the return of "the holiness of the land" and the ultimate security and flourishing of the Jewish people. In a period of both spiritual doubt and nascent national stirrings, he provided a powerful halakhic and theological foundation for the continuous Jewish presence and active settlement of Eretz Yisrael, reinforcing a foundational aspect of Jewish identity and destiny from a traditional perspective, irrespective of explicit political Zionist affiliation.

Two Readings

The Arukh HaShulchan’s discussion of dwelling in the Land of Israel, though written from a purely halakhic perspective in the late 19th century, resonates deeply with the core tenets of modern Zionism, yet it also exposes fundamental tensions within the Zionist project itself. We can approach this text through two distinct, though not mutually exclusive, interpretive frames: one emphasizing an "Enduring Covenantal Imperative" and another highlighting an "Evolving Civic Responsibility."

The Enduring Covenantal Imperative (Religious Zionism/Traditional Halakha)

This reading emphasizes the Arukh HaShulchan’s articulation of the mitzvah of Yishuv Eretz Yisrael (settling the Land of Israel) as a divine command, a central pillar of Jewish faith and destiny, irrespective of political conditions. It frames the land not merely as a territory, but as a sacred entity intrinsically linked to the Jewish people through an eternal covenant with God.

Divine Mandate and Spiritual Significance

The Arukh HaShulchan opens with an unequivocal declaration: "The mitzvah of dwelling in the Land of Israel is a great mitzvah, and it is equal to all the mitzvot of the Torah" (215:4). This immediately elevates the act of living in the land from a mere preference to a foundational religious obligation. He substantiates this by citing the Sages who taught that dwelling in the land is akin to "clinging to Him" (God) and that "one who lives in the Land of Israel is like one who has a God." This isn't hyperbole; it’s a theological statement asserting that the land is a conduit for a unique, profound connection with the Divine. The very air of Israel, he implies, is infused with a holiness that nurtures the soul and facilitates spiritual growth.

Furthermore, he explicitly counters the view that this mitzvah is suspended in the absence of Jewish sovereignty or a Temple. By siding firmly with Nachmanides against Maimonides, the Arukh HaShulchan asserts the continuous and active nature of this commandment for all generations: "And this is the opinion of most of the Poskim, and thus is the accepted halakha" (215:5). This is a powerful statement against a passive, messianic waiting, instead advocating for active, ongoing Jewish presence. He even states, "Even if one cannot observe all the mitzvot dependent on the land, nevertheless, the very act of dwelling there is a great mitzvah" (216:1), underscoring the intrinsic value of physical presence.

Peoplehood, Redemption, and the Atchalta D'Geula

For the Arukh HaShulchan, the land and the people are inseparable. The mitzvah of dwelling is not merely an individual act of piety but contributes to a collective, redemptive process. His statement that through settlement, "the holiness of the land will return to its place, and the Jewish people will be able to dwell securely upon their land" (216:6), is profoundly significant. It links human action (settlement) to divine outcome (return of holiness, security). This resonates deeply with modern Religious Zionism, which often views the establishment of the State of Israel and the ongoing settlement of the land as the atchalta d'geula – the "beginning of the Redemption." In this framework, the state is not just a secular political entity, but a divinely guided instrument for the fulfillment of ancient prophecies and the realization of God’s covenant with the Jewish people. The Arukh HaShulchan's text provides a strong theological justification for this perspective, grounding the modern return to Zion in centuries of halakhic tradition.

Tensions within this Reading

While providing immense spiritual grounding, this covenantal reading can lead to an exclusivist understanding of the land. If the land is primarily a divine grant to the Jewish people, and its settlement a sacred commandment, then the claims and presence of other peoples who also call the land home can be seen as secondary or even illegitimate from a purely theological standpoint. The emphasis on "Jewish people... dwell securely upon their land" (216:6) can be interpreted in a way that minimizes the rights or narratives of non-Jewish inhabitants. This perspective, while powerful for Jewish identity and resilience, can create significant ethical and political challenges in a shared, contested territory, potentially prioritizing religious imperative over universal human rights or principles of self-determination for others. It can also lead to a static view of the covenant, resistant to the evolving ethical demands of a multi-ethnic, multi-religious society.

The Evolving Civic Responsibility (National Self-Determination/Ethical Peoplehood)

This reading interprets the Arukh HaShulchan’s text through a lens of collective Jewish agency, national self-determination, and the implicit civic responsibilities that arise from building and maintaining a society in the Land of Israel. While acknowledging the religious imperative, this frame focuses on the means and implications of fulfilling that imperative in a modern, diverse context.

Agency, Self-Determination, and Nation-Building

Crucially, the Arukh HaShulchan emphasizes how the mitzvah is to be fulfilled "in our generations": "not obligated to settle the land by war, but rather by gradual settlement and purchase" (216:6). This is a vital bridge from ancient mandate to modern action. "Gradual settlement and purchase" highlights human agency, proactive effort, and a non-militaristic, legalistic approach to land acquisition. This resonates strongly with the early Zionist pioneers, both religious and secular, who engaged in practical, hands-on work of building settlements, draining swamps, and cultivating the land. Even if their motivations differed (religious vs. national emancipation), the action of "settlement and purchase" was central to both.

This emphasis on active, collective effort transforms the individual mitzvah into a communal project. The pursuit of "security" for the Jewish people (216:6) is a national aspiration, not merely a personal spiritual quest. To achieve security and enable the "holiness of the land" to return, a functioning society, infrastructure, and eventually, state structures are required. The Arukh HaShulchan, writing before the establishment of the state, implicitly lays groundwork for the idea that the Jewish people must take their destiny into their own hands, actively building a home and a society in the land. This aligns with the Zionist project of self-emancipation and national revival, providing a traditional religious source for the imperative of collective action and self-determination.

Ethical Dimensions of "Purchase" and Shared Space

The explicit mention of "purchase" (216:6) and the permissibility of "buying fields and vineyards from non-Jews in the Land of Israel" (216:7) introduces a significant civic and ethical dimension. This is not simply about divine grant; it involves human transaction. While the text doesn't explicitly delve into the ethics of fair dealings, property rights, or the social impact of such transactions, its inclusion forces us to consider these questions. If land is to be acquired through purchase, then it implies a recognition of existing ownership and a requirement for a just process. In a modern context, this translates into questions about equitable land distribution, compensation, and the rights of all inhabitants—Jewish and non-Jewish—to property and livelihood.

This reading pushes us to ask: What are the civic responsibilities that arise when a people, acting on a deeply held historical and religious imperative, settles a land already inhabited by others? How do we translate the commandment of dwelling into a framework that prioritizes human dignity, democratic values, and shared governance for all who live in the land? It moves the conversation beyond the exclusive right to the land, towards the shared responsibility of building a just society within it. The Arukh HaShulchan's reference to "purchase" becomes a springboard for contemporary discussions on land policy, minority rights, and the ethical foundations of a multi-ethnic state.

Tensions within this Reading

While this civic reading promotes inclusivity and ethical consideration, it risks diluting the unique, deeply covenantal connection of the Jewish people to the Land of Israel. Reducing the land to mere "territory" and the act of return to a purely "national" or "civic" project can strip it of its spiritual gravitas and historical uniqueness for many Jews. Furthermore, applying universal civic ideals to a situation rooted in a particularistic religious and national history is a constant challenge. The tension lies in balancing the specific, ancient, and often exclusive claims of Jewish peoplehood with the universal demands of justice, equality, and human rights for all inhabitants. How do we build a Jewish and democratic state in a land that is also sacred and home to Palestinians, who also have deep historical and national claims? This reading embraces the complexity of this ongoing negotiation.

In conclusion, the Arukh HaShulchan’s text serves as a powerful testament to the enduring Jewish connection to the Land of Israel. When read through the lens of the "Covenantal Imperative," it affirms the spiritual depth and religious obligation of this connection, providing a bedrock for Religious Zionism. When read through the "Evolving Civic Responsibility" frame, it highlights Jewish agency, the collective effort of nation-building, and opens avenues for ethical inquiry into how a people fulfills its ancient destiny in a modern, shared world. Both readings are vital for a nuanced understanding of Zionism, revealing its deep roots, its aspirations, and its inherent ethical challenges.

Civic Move

Action: Facilitate a Structured Dialogue Series on "Shared Sacred Space and Civic Responsibility"

To bridge the insights from the Arukh HaShulchan’s covenantal imperative with the demands of evolving civic responsibility in contemporary Israel-Palestine, I propose a structured dialogue series focused on "Shared Sacred Space and Civic Responsibility." This initiative aims to foster mutual understanding and ethical engagement between Jewish and Palestinian communities, recognizing that the land is deeply meaningful to both, and that shared dwelling demands shared responsibility.

Who

This dialogue series would convene diverse participants:

• Young Adult Leaders: Emerging voices from Jewish and Palestinian communities, including students, activists, and community organizers.
• Religious and Community Leaders: Rabbis, imams, priests, and other spiritual guides who can articulate their people’s deep connection to the land and model respectful discourse.
• Educators and Academics: Individuals who can provide historical, theological, and sociological context to the narratives.
• Civic Professionals: Those involved in local governance, environmental initiatives, and social justice work.

The goal is to bring together individuals who are deeply rooted in their own narratives but are also open to understanding, not necessarily agreeing with, the narratives of others, and who are committed to exploring pathways for coexistence and shared flourishing.

What

The series would consist of 4-6 intensive, facilitated workshops, each building upon the previous one. The core methodology would be "dialogue, not debate," emphasizing deep listening, personal testimony, and collaborative inquiry rather than argumentation or persuasive rhetoric.

Why

The Arukh HaShulchan unequivocally asserts the Jewish people's profound, divinely commanded connection to the Land of Israel. However, this text was written before the full demographic and political realities of the 20th and 21st centuries. In our era, the ethical challenge is how to fulfill this deeply held imperative in a land also home to another people with their own profound connections and national aspirations. This dialogue series directly addresses this by:

1. Humanizing the "Other": Moving beyond abstract political positions to personal stories and shared humanity.
2. Acknowledging Multiple Truths: Creating space for both Jewish and Palestinian narratives of belonging, loss, and hope to be heard and validated, without requiring one group to relinquish its truth.
3. Translating Sacred into Civic: Exploring how deeply held religious or national values can inform a commitment to justice, equity, and shared responsibility in the civic sphere.
4. Building Relational Infrastructure: Fostering trust and relationships that can endure even when political disagreements persist, laying groundwork for future cooperation.

How: Module Breakdown

Module 1: Deepening Our Own Narratives of Connection

• Activity: Participants from each group (Jewish, Palestinian) would separately explore texts (e.g., Arukh HaShulchan for Jews; relevant Quranic verses, Hadith, poetry, or historical documents for Palestinians) that articulate their people's profound, sacred, and historical connection to the land.
• Focus: Personal reflection and sharing within their own groups, then presenting their core insights to the mixed group, focusing on the meaning of the land for them, without justification or defense.
• Goal: To articulate and understand the foundational, existential connection each people has to the land, rooted in their own traditions and experiences.

Module 2: Acknowledging the "Other's" Sacred Claim and Pain

• Activity: Guided empathy exercises. Participants would listen to testimonies from the "other" group about specific sites, stories, or experiences that encapsulate their sacred or historical connection to the land, including narratives of loss and displacement.
• Focus: Active listening, asking clarifying questions (not challenging questions), and reflecting back what was heard. The goal is recognition, not agreement. "I hear that X place is holy to you because..." "I understand that your connection to the land also carries a history of Y..."
• Goal: To cultivate empathy and recognize the legitimacy of the "other's" profound attachment to the land, even if one's own narrative is different or conflicting. To understand that the land carries multiple, often painful, meanings.

Module 3: From Sacred Claim to Shared Civic Responsibility

• Activity: A facilitated discussion exploring the practical implications of shared dwelling. Given that both peoples are deeply connected to this land, what are the ethical and civic responsibilities that arise?
• Key Questions:
  • If dwelling in the land is a mitzvah (for Jews) or a fundamental right (for Palestinians), what does "just dwelling" look like when multiple peoples are present?
  • How do we protect and respect the holy sites of all religions?
  • What are the responsibilities regarding environmental stewardship, equitable resource distribution (water, land), and economic opportunity for all inhabitants?
  • How can ancient texts and traditions inform a modern ethic of shared governance and mutual respect, even amidst political disagreement? (e.g., how does "purchase" from the Arukh HaShulchan translate into fair land use policies today?)
• Goal: To move beyond competing claims to explore the shared moral obligations that arise from living in a contested, yet shared, sacred space. To identify areas where practical cooperation and ethical conduct are possible and necessary.

Module 4: Co-Creating a Future Vision and Concrete Actions

• Activity: Brainstorming and developing concrete, small-scale initiatives that embody shared civic responsibility.
• Examples: Joint environmental projects (e.g., water conservation, reforestation), shared cultural or educational programs, interfaith dialogue on shared values, advocating for equitable access to public services, or developing joint economic ventures.
• Focus: Action-oriented thinking. What can we, as individuals and communities, do to build a future that respects both our distinct identities and our shared humanity in this land?
• Goal: To translate dialogue into tangible steps, fostering a sense of agency and hope, and demonstrating that coexistence is not just a theoretical ideal but a practical possibility.

This "Civic Move" directly engages the Arukh HaShulchan’s text by asking: if Jewish dwelling in the land is a "great mitzvah," what are the halakhot (laws and ethics) of that dwelling when it is shared with others? It challenges both Jews and Palestinians to move from a place of exclusive claim to one of shared responsibility, recognizing that the holiness of the land, for any people, can only truly flourish when justice and dignity are extended to all its inhabitants.

Takeaway

The Arukh HaShulchan offers us a profound insight into the spiritual core of Jewish peoplehood and its unbreakable bond with the Land of Israel. It reminds us that for Jews, this connection is not merely political or nationalistic, but a divine imperative, a "great mitzvah" that shapes identity and destiny. This deep root in tradition is the strength and resilience of Zionism.

However, the very act of translating this ancient, sacred command into a modern, sovereign reality in a shared land demands our most profound ethical engagement. The Arukh HaShulchan, with its mention of "gradual settlement and purchase," implicitly points to human agency and the practicalities of dwelling. Our task, as inheritors of this tradition and participants in the ongoing story of modern Israel, is to grapple with the complexities that arise when a people's sacred longing meets the lived realities of others.

Zionism, at its best, is not static; it is an evolving project that must constantly reflect on its foundational principles and adapt to the moral demands of its context. It requires a strong spine to uphold the Jewish people's right to self-determination and a secure home in their ancient land, but also an open heart to acknowledge the legitimate claims, suffering, and humanity of all who call this land home. The challenge, and indeed the hope, lies in building a future where the fulfillment of Jewish destiny in Eretz Yisrael is inextricably linked to the pursuit of justice, dignity, and flourishing for all its inhabitants. This requires continuous dialogue, courageous empathy, and an unwavering commitment to both our particular covenant and our universal human responsibilities.