Arukh HaShulchan, Orach Chaim 216:8-217:1

Hook

This passage from the Arukh HaShulchan, a foundational work of Halakha (Jewish law) that codified Ashkenazi legal practice, presents us with a profound and enduring dilemma at the heart of modern Zionism and the State of Israel: how do we navigate the tension between the sacred and the secular, the communal and the individual, the ancient longing for Jerusalem and the practical realities of building a nation? It grapples with the very essence of Jewish sovereignty – not just as a political entity, but as a spiritual and ethical undertaking. The Arukh HaShulchan, written in the late 19th and early 20th centuries, before the establishment of the State, implicitly anticipates the challenges that would arise when Jewish self-determination became a tangible, and often contentious, reality. It forces us to ask: what does it truly mean to "dwell in the land" when that land is now a modern state, with its own laws, its own diverse populations, and its own complex geopolitical landscape? How do we honor the spiritual aspirations that fueled Zionism while confronting the practical, sometimes uncomfortable, obligations of statehood?

Text Snapshot

"It is forbidden to dwell in cities that are destined for destruction, or in places where the majority of the inhabitants are idolaters, such as the land of Canaan in the days of the Amorites, when it was filled with idolaters, and the land of Israel was conquered by them. However, in the present time, since the land of Israel is not filled with idolaters, and even if there are some, they are not dominant, and even if they are dominant, it is permitted to dwell there, because the commandment of settling the land is great, and it is permitted to transgress even a rabbinic prohibition for it."

This excerpt, specifically from Orach Chaim 216:8, and continuing into the nuanced discussions of 217:1 concerning the nature of "dominance" and the permissibility of settling in the Land of Israel, speaks to a deep-seated concern for the spiritual integrity of Jewish life. The Arukh HaShulchan, in his meticulous codification, is not merely outlining ritualistic or civil laws; he is wrestling with the very conditions under which the Jewish people can and should live in their ancestral homeland. The prohibition against dwelling in places "destined for destruction" or dominated by idolaters points to a concern for the spiritual and physical safety of the Jewish community, as well as the preservation of their unique identity. Yet, the subsequent allowance for settling the Land of Israel, even in the face of potential challenges, highlights a paramount value: the commandment of settling the land itself is a powerful, almost overriding, consideration. This creates a fascinating tension – a recognition of potential spiritual hazards, juxtaposed with an unwavering commitment to the act of dwelling in Zion.

Context

Date

The Arukh HaShulchan was written primarily between the late 19th century and the early 20th century (roughly 1870s-1909). This was a period of immense intellectual and social ferment within Jewish communities worldwide. It predates the establishment of the State of Israel by several decades, but it was written during a time when the Zionist movement was gaining significant momentum, and the idea of a return to the land was becoming a tangible aspiration for many.

Actor

Rabbi Yechiel Michel Epstein, the author of the Arukh HaShulchan, was a prominent Lithuanian rabbi and legal authority. He was a leading figure in the world of traditional Ashkenazi Judaism, known for his comprehensive and systematic approach to Jewish law. While not a political Zionist in the modern sense, his work engaged with the fundamental principles of Jewish life in the Land of Israel, reflecting a deep, inherited connection to the concept of Eretz Yisrael.

Aim

Rabbi Epstein’s aim was to create a clear, accessible, and authoritative codification of Jewish law for his generation. He sought to synthesize the vast body of Talmudic and Rabbinic literature into a coherent framework that could guide daily Jewish practice. In addressing the laws pertaining to the Land of Israel, his aim was to clarify the halakhic principles relevant to Jewish life in that land, drawing upon centuries of tradition and jurisprudence. He was not issuing political directives, but rather providing a legal and ethical compass for how Jews should understand and engage with their ancestral homeland according to Halakha.

Two Readings

The Arukh HaShulchan's discussion on dwelling in the Land of Israel, particularly the allowance for settling even when facing certain spiritual challenges, invites us to consider two primary interpretive lenses that illuminate its relevance to modern Israel:

Reading 1: The Covenantal Imperative of Dwelling

This reading frames the Arukh HaShulchan's allowance as stemming from a profound, almost existential, covenantal imperative. The command to settle the Land of Israel is understood not merely as a legalistic obligation, but as a foundational element of the covenant between God and the Jewish people. From this perspective, the spiritual dangers described (idolaters, destruction) are real and significant, but the very act of dwelling in the land is a divine mandate, a way of fulfilling a promise and re-establishing a physical manifestation of the covenant.

• Focus on Divine Will: The emphasis is on God’s will and the inherent sanctity of the Land of Israel as a place where Jewish life is meant to flourish. The "commandment of settling the land" becomes a powerful force that overrides lesser concerns, suggesting a divine imperative to reclaim and inhabit the land, regardless of surrounding challenges.
• Preservation of Jewish Identity: Dwelling in the land is seen as crucial for the preservation and continuation of Jewish identity and religious practice. The presence of non-Jewish elements is a risk, but the act of establishing a Jewish presence, even in their midst, is paramount to ensuring the survival of the Jewish people and their unique spiritual heritage. It's about creating a sacred space, a "house of prayer for all nations," even if that requires navigating difficult proximate realities.
• Responsibility to God and History: This reading emphasizes the Jewish people's responsibility to God for fulfilling the covenantal promises and to history for reclaiming their ancestral home. The challenges are seen as tests, opportunities to demonstrate faith and commitment to the divine mission. The "majority of inhabitants" clause, when interpreted through this lens, becomes a practical consideration, but not an insurmountable barrier to fulfilling the higher calling. The allowance to settle even if they "are dominant" suggests that the imperative to settle is so strong that it necessitates finding ways to coexist or overcome these challenges, rather than abandoning the land altogether. This is not about ignoring risks, but about a profound trust in God's protection and guidance as the Jewish people undertake this sacred task.

Reading 2: The Pragmatic Foundation of Peoplehood

This reading interprets the Arukh HaShulchan's allowance through a more pragmatic lens of peoplehood and collective responsibility. While acknowledging the spiritual dimension, it highlights the practical necessity of Jewish self-sufficiency and the development of a strong collective identity that can only be fostered through physical presence and governance in their ancestral homeland. The potential dangers are viewed not just as spiritual threats, but as challenges to the viability and security of the Jewish community.

• Focus on Collective Agency: The emphasis shifts to the collective agency of the Jewish people. The act of settling is understood as a critical step towards achieving national self-determination and ensuring the physical and spiritual survival of the people. The Arukh HaShulchan's allowance, in this view, reflects a recognition that in the absence of a fully idealized spiritual environment, the imperative for self-preservation and the creation of a Jewish polity takes precedence.
• Navigating Reality: The text is seen as providing a framework for navigating the complex realities of communal life. The distinction between "dominant" and "non-dominant" idolaters, and the allowance to settle even in the former case (albeit with qualifications about transgressing rabbinic prohibitions), suggests a pragmatic approach to risk assessment. It implies that the strategic imperative of establishing a Jewish presence, and thereby creating a secure base for the people, outweighs the immediate spiritual discomfort or even danger, provided that the community can manage and mitigate those risks.
• Responsibility for the Collective Future: This reading underscores the responsibility of the Jewish people for their own future. The ability to defend themselves, to build their own institutions, and to control their own destiny are seen as essential for their survival. The Arukh HaShulchan's guidance, therefore, becomes a testament to the idea that the Jewish people must take active responsibility for their presence and well-being in their homeland, even if it means confronting and managing challenging social and political landscapes. The "commandment of settling the land" is thus intertwined with the fundamental need for a secure and sovereign Jewish existence. The willingness to accept the risks, and to develop halakhic solutions for them, demonstrates a profound commitment to the continuity of the people.

Civic Move

Bridging the Divide: Intergroup Dialogue on Sacred Spaces and Shared Futures

The Arukh HaShulchan’s nuanced discussion, especially the allowance to settle even in the face of potential spiritual challenges, compels us to consider how we approach coexistence and the definition of "sacred space" in contemporary Israel. The tension between the imperative to dwell and the potential for spiritual or physical disruption is not merely an ancient halakhic debate; it is a living reality in Israel today, impacting relations between different Jewish denominations, and between Jews and non-Jews.

The Civic Move: To foster greater understanding and encourage responsible coexistence, I propose the establishment of "Sacred Spaces, Shared Futures Dialogues." This initiative would involve structured, facilitated dialogues between diverse groups within Israeli society. Participants would include:

• Religious Zionists: Individuals deeply committed to the halakhic imperative of settling the land and building a Jewish state infused with religious values.
• Secular Israelis: Those who view the State of Israel primarily through a civic and national lens, prioritizing democracy and pluralism.
• Israeli Arabs/Palestinians: Representatives of the Palestinian minority in Israel, whose ancestral connection to the land and experiences within the state are central to the discussion.
• Jewish Denominational Leaders: Representatives from Orthodox, Conservative, Reform, and Reconstructionist movements, each with distinct interpretations of Jewish law and the role of religion in public life.
• Academics and Sociologists: Experts who can provide historical, sociological, and political context to the discussions.

The Dialogue Process:

1. Shared Learning: The dialogues would begin with a deep dive into texts like the Arukh HaShulchan, exploring the historical and halakhic underpinnings of the imperative to settle the land, alongside the historical narratives and aspirations of Palestinian communities. This would involve presenting multiple perspectives on "sacred space" – not just religiously defined sites, but the very fabric of everyday life, neighborhoods, and the national narrative.
2. Identifying Shared Values and Tensions: Participants would be guided to identify areas of common ground (e.g., desire for security, dignity, future for their children) and acknowledge the profound tensions (e.g., competing national narratives, differing interpretations of justice and rights). The Arukh HaShulchan’s allowance for dwelling, for example, could be a point of departure to discuss the complexities of navigating difference and the ethical considerations involved in building a shared society.
3. Collaborative Problem-Solving: The focus would shift to practical, actionable steps for building a more inclusive and just society. This could involve:
   • Joint Planning Initiatives: Collaborating on local community projects that address shared needs (e.g., environmental sustainability, educational programs).
   • Developing Shared Public Spaces: Creating initiatives that ensure all communities feel represented and respected in public spheres, from parks to cultural institutions.
   • Educational Exchanges: Facilitating programs that allow for deeper understanding of each other’s histories, cultures, and aspirations.
   • Advocacy for Equitable Policies: Working together to advocate for policies that promote fairness and address the grievances of all communities.

Why this Civic Move is Crucial:

The Arukh HaShulchan, in its own time, grappled with the practical implications of religious ideals in a complex world. Today, the State of Israel, the embodiment of the Zionist dream, faces similar, albeit magnified, challenges. Ignoring the diverse narratives and aspirations within Israel risks perpetuating cycles of mistrust and conflict. By engaging in honest, informed, and compassionate dialogue, we can move beyond a zero-sum understanding of rights and responsibilities. This initiative aims to honor the deeply held beliefs that have driven Jewish self-determination while actively working towards a future where all inhabitants of the land can live with dignity, security, and a sense of belonging. It's about recognizing that the "commandment of settling the land" in its modern context also includes the profound responsibility to build a just and equitable society within that land.

Takeaway

The Arukh HaShulchan, in its quiet authority, reminds us that the aspiration to inhabit our ancestral homeland is a profound commandment, laden with both spiritual promise and practical challenges. It teaches us that the imperative to dwell is not a call to isolation, but a call to create a vibrant, resilient Jewish presence, capable of navigating the complexities of the world. As we grapple with the realities of modern Israel, we are called to embody this same spirit: holding fast to our deepest convictions while opening our hearts and minds to the diverse tapestry of humanity with whom we share this precious land. The future of Israel, like the halakhic reasoning of the Arukh HaShulchan, demands both a strong spine rooted in our history and an open heart committed to building a just and hopeful future for all.