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

Hook

The very air in Eretz Yisrael, the Land of Israel, is thick with the scent of history, possibility, and often, profound tension. For centuries, it has been the ultimate beacon of hope for the Jewish people – a spiritual homeland, a sanctuary, a place where the ancient covenant could be renewed and lived out in tangible reality. Yet, this aspiration, so deeply rooted in our collective memory and religious yearning, has also brought with it immense challenges, not least of which is the question of how to navigate the complexities of modern nationhood, sovereignty, and the presence of other peoples on this sacred soil. This text, Arukh HaShulchan Orach Chaim 216:8-217:1, written in the late 19th and early 20th centuries by Rabbi Yechiel Michel Epstein, grapples with a seemingly mundane halakhic (Jewish legal) question concerning the recitation of certain prayers within the Land of Israel. However, within its seemingly technical discourse lies a potent reflection on the unique status of this land, the responsibilities it imposes, and the deeply felt connection that has fueled the Zionist dream. It invites us to consider what it means to be a people returning to its ancestral home, not just as individuals seeking refuge or fulfillment, but as a collective undertaking with profound implications for ourselves and for others. The dilemma it names, amplified by the historical currents of its time and the realities of today, is this: how do we honor the sanctity and unique spiritual significance of the Land of Israel while simultaneously building a modern, just, and inclusive society in a shared space? It’s a question that resonates with the very soul of Zionism, a movement born out of desperation and fueled by an enduring hope, a hope that this land, so central to our identity, can indeed be a place of blessing for all.

Text Snapshot

The Arukh HaShulchan writes:

"And concerning the verse, 'And you shall dwell in the land and you shall do good,' our Sages have taught that this is a positive commandment, to dwell in the land. And regarding the laws of the Land of Israel, they are more stringent than the laws of other lands, and they are rooted in the Torah. And even though the commandment to dwell in the land is dependent on the majority of Israel being in the land, and similarly, the laws of terumah and ma'aser (tithes) are dependent on this, and the sabbatical year is also dependent on this, nevertheless, in our time, many of the laws of the land are observed, and one who comes to the land is commanded to fulfill them. And Rashi explains on the verse, 'And you shall dwell in the land and you shall do good,' that the 'doing good' refers to the mitzvot (commandments) of the Torah that one fulfills in the land, which are greater than in the Diaspora. And the intention of one who comes to the land is to fulfill the mitzvot and to cleave to God. And Rabbi Yochanan said, 'Whoever walks four cubits in the Land of Israel is guaranteed a portion in the World to Come.' And this is the foundation of all our hope."

Context

### The Author and His Time

Rabbi Yechiel Michel Epstein (1829-1908) was a prominent Lithuanian halakhic authority. His magnum opus, the Arukh HaShulchan, is a comprehensive and accessible codification of Jewish law, drawing heavily on the Shulchan Aruch and its commentaries, but also incorporating the customs and rulings of his time and region. He lived during a period of immense upheaval for Eastern European Jewry, marked by rising antisemitism, economic hardship, and the burgeoning Zionist movement. While deeply rooted in traditional Judaism, Epstein was also aware of and responsive to the changing world. His halakhic rulings, therefore, often reflect a keen understanding of the practical realities faced by Jews in his era, including the growing desire for a return to Eretz Yisrael. The Arukh HaShulchan itself was a project aimed at clarifying and organizing Jewish law for a generation grappling with the challenges of modernity, and its discussions on the Land of Israel are particularly significant in this context.

### The Act of Writing

The Arukh HaShulchan was written over several decades, with its sections on Orach Chaim (Laws of Daily Living) being published between 1878 and 1889. This specific passage, concerning the laws of dwelling in the Land of Israel and the significance of performing mitzvot there, was therefore composed during the peak of the First and Second Aliyah movements, the early waves of Zionist immigration. This historical backdrop is crucial. The text is not merely an abstract theological discussion; it is an engagement with a palpable, growing reality: Jews were beginning to return to their ancestral land in significant numbers, seeking to rebuild their lives and their national home. The Arukh HaShulchan's discussion, therefore, is not just about ancient laws; it’s about the practical application of Jewish tradition to this emerging national project.

### The Aim of the Text

The primary aim of the Arukh HaShulchan is to provide clear, authoritative rulings on Jewish law. In this specific passage, Rabbi Epstein seeks to elucidate the halakhic status of dwelling in the Land of Israel and the heightened significance of performing mitzvot within its borders. He aims to clarify which laws are applicable even in a time when the full sovereignty and Jewish majority envisioned in biblical times are not yet realized. He is addressing the practical questions faced by individuals and communities contemplating or undertaking the journey to Eretz Yisrael. Beyond mere legal clarification, however, there is a deeper, implicit aim: to provide a halakhic framework that supports and validates the spiritual and national aspirations of those drawn to Zion. By emphasizing the commandment to dwell in the land and the amplified spiritual rewards for observing mitzvot there, he offers a powerful religious imperative and encouragement for the nascent Zionist enterprise, grounding it in the bedrock of Jewish tradition.

Two Readings

This passage from the Arukh HaShulchan, while ostensibly focused on halakhic minutiae, offers fertile ground for understanding the complex relationship between Jewish peoplehood, the Land of Israel, and the aspirations of Zionism. We can approach this text through two distinct, yet interconnected, frames: a covenantal reading, which emphasizes the divine mandate and spiritual essence of the land, and a civic reading, which highlights the practical responsibilities and communal building inherent in establishing a presence there.

### Reading 1: The Covenantal Imperative – A Land of Divine Promise and Spiritual Amplification

From a covenantal perspective, the Arukh HaShulchan’s emphasis on the Land of Israel is rooted in the foundational relationship between God and the Jewish people, as established through the covenant at Sinai and reiterated with Abraham and his descendants. The verse, "And you shall dwell in the land and you shall do good," is understood not merely as a suggestion, but as a divine commandment (mitzvah) – a direct instruction from God to His chosen people. This reading sees the land as intrinsically holy, imbued with a unique spiritual energy that elevates the performance of religious obligations.

The Arukh HaShulchan explicitly states that the laws pertaining to the Land of Israel are "more stringent" and "rooted in the Torah." This signifies that the land itself is not a neutral territory but a sacred space where the divine will is meant to be more fully expressed and realized. The heightened spiritual reward for performing mitzvot in Israel, as alluded to by Rabbi Yochanan's statement about walking four cubits, underscores this covenantal perspective. It suggests that the very air of the land, the soil, the stones – all are infused with a sanctity that amplifies one's connection to the Divine. The aspiration to "fulfill the mitzvot and to cleave to God" becomes the central motivation for aliyah (immigration to Israel). This isn't just about physical presence; it's about spiritual immersion, about re-establishing a direct, unmediated connection to the Divine through living in the land where God’s presence is traditionally understood to be most manifest.

Furthermore, the Arukh HaShulchan's acknowledgment that some laws are dependent on the "majority of Israel being in the land" points to a teleological vision inherent in the covenantal framework. The ultimate fulfillment of the land's potential, and thus the full realization of certain commandments, is tied to the collective return and settlement of the Jewish people. This implies a destiny, a divinely ordained purpose for the Jewish presence in the land. The hope for a future where these laws can be fully observed is a testament to the enduring faith in God's promises and the eventual restoration of the Jewish people to their heritage. In this reading, Zionism is not merely a political movement but a spiritual imperative, a divinely sanctioned endeavor to reclaim and sanctify the land, thereby fulfilling an ancient covenant and drawing closer to God. The emphasis is on the unique, sacred nature of Eretz Yisrael as the stage for the Jewish people's ultimate spiritual destiny, a destiny intrinsically tied to their physical presence and their commitment to divine law. It is a vision of a people, chosen and commanded, returning to a land uniquely designated for them, where their spiritual lives can flourish in ways unmatched elsewhere. This perspective inherently carries a sense of exclusivity, not in a hostile way, but in the sense of a unique, divinely ordained relationship that sets this land and its inhabitants apart.

### Reading 2: The Civic Responsibility – Building a Just Society and Fulfilling Shared Humanity

A civic reading of the Arukh HaShulchan shifts the focus from divine mandate to human responsibility, from spiritual amplification to the practicalities of communal life and the building of a just society. While acknowledging the religious significance of the land, this frame emphasizes the ethical and communal dimensions of Jewish settlement, especially in the context of Zionism and the establishment of a modern state. The commandment to "dwell in the land and you shall do good" is interpreted not just as performing religious rituals, but as engaging in ethical conduct, social justice, and responsible stewardship of the land and its inhabitants.

The Arukh HaShulchan's mention of "doing good" as fulfilling "mitzvot of the Torah that one fulfills in the land" can be expanded beyond purely ritualistic observance. In a modern context, "doing good" encompasses the creation of a society that embodies Jewish values of justice (tzedek), righteousness (mishpat), compassion (chesed), and peace (shalom). This means building institutions, developing infrastructure, and fostering relationships that reflect these ideals. The challenge, then, becomes how to apply these principles in a pluralistic society, where other peoples also reside and have legitimate claims and aspirations on the same land. The "stringency" of the laws of the land, in this reading, can be seen as a call to a higher standard of ethical behavior and civic responsibility for all who live there. It is a reminder that living in the land of our ancestors comes with a profound obligation to act with integrity, fairness, and respect towards all.

Moreover, the Arukh HaShulchan's acknowledgment of laws contingent on the "majority of Israel being in the land" and the practical observation of many laws "in our time" highlights the ongoing process of building and establishing Jewish life. This process is not just about reclaiming a spiritual inheritance but about actively constructing a functional, ethical, and sustainable society. This involves grappling with the complex realities of statehood, governance, and intergroup relations. The "hope" that the text speaks of, embodied in Rabbi Yochanan's statement, can be seen as a hope for a future where this ethical framework is fully realized, creating a model society that is not only a haven for Jews but also a place of justice and flourishing for all its residents. This civic reading compels us to consider the implications of Jewish sovereignty for the non-Jewish populations and to actively seek ways to build a shared future based on mutual respect and shared responsibility. It challenges the notion of exclusivity and instead calls for an inclusive vision of justice and well-being. The emphasis is on the active, ongoing work of building a just society, where the ethical principles of Judaism are translated into concrete actions and policies that benefit all who call the land home. This perspective demands a constant self-examination and a commitment to repairing societal flaws, ensuring that the aspiration for a "good" land is realized for everyone.

Civic Move

The Arukh HaShulchan, in its intricate discussion of dwelling in the Land of Israel, presents us with a profound opportunity for introspection and action. The tension between the deep spiritual yearning for this sacred soil and the practical realities of building a modern, just society is palpable. While the covenantal reading emphasizes the unique holiness and divine mandate associated with the land, the civic reading compels us to consider the ethical responsibilities that come with collective presence and sovereignty. In a world where the narrative surrounding Israel is often fraught with division and misunderstanding, it is crucial to move beyond abstract pronouncements and engage in concrete actions that foster dialogue, learning, and repair. Therefore, the civic move I propose is the establishment of a "Shared Heritage Learning Circle" focused on the interwoven histories and contemporary experiences of all peoples who consider this land sacred.

### The "Shared Heritage Learning Circle"

This initiative would aim to create a sustained, structured platform for learning and dialogue, specifically designed to bridge divides and cultivate mutual understanding. It would be an educational undertaking, grounded in the principles of honesty, hope, and historical literacy that inform our approach to this text. The core of this move is to take the insights gleaned from the Arukh HaShulchan – the deep connection to the land, the idea of "doing good," and the responsibility that comes with dwelling – and translate them into practical, interpersonal engagement.

Here's how it would work:

• Participants: The circle would intentionally bring together individuals from diverse backgrounds who share a connection to the land of Israel/Palestine. This would include, but not be limited to, Jewish Israelis (secular, religious, from various political spectrums), Palestinian citizens of Israel, Palestinian residents of the West Bank and Gaza (where feasible and safe), and potentially interested individuals from other communities with historical or religious ties to the region. The emphasis would be on creating a safe space for genuine engagement, not for debate or advocacy.

• Curriculum and Methodology: The learning would be guided by the principles of historical literacy and a commitment to understanding multiple perspectives. We would move beyond simplistic narratives and delve into the rich, often complex and painful, shared history of the land. This would involve:

  • Textual Study: Alongside passages like the Arukh HaShulchan, we would engage with foundational texts from other traditions that speak to the sanctity and significance of the land – Quranic verses, Christian theological writings, and historical accounts from various communities. We would also study contemporary literature, poetry, and personal testimonies that illuminate the lived experiences of individuals from different backgrounds.
  • Historical Exploration: We would dedicate sessions to understanding the historical narratives of all communities, acknowledging periods of coexistence, conflict, displacement, and aspiration. This would involve examining primary sources and engaging with scholarly interpretations, always with an eye toward understanding the evolution of claims and counter-claims to the land.
  • Focus on "Doing Good" in Practice: Drawing from the Arukh HaShulchan's emphasis on "doing good," we would explore contemporary initiatives and individual efforts aimed at promoting justice, reconciliation, and shared well-being in the region. This could involve learning about joint economic projects, interfaith dialogues, or grassroots peace-building efforts. The aim would be to identify common values and aspirations that transcend political divisions.
  • Ethical Reflection: Sessions would include guided reflection on the ethical responsibilities of dwelling in a shared land, drawing parallels to the Arukh HaShulchan's exploration of heightened obligations. This would involve grappling with concepts of justice, rights, responsibilities, and the challenges of building a shared future.

• Facilitation: The circle would be facilitated by individuals trained in intergroup dialogue, conflict transformation, and historical education. The facilitators would ensure that the space remains safe, respectful, and conducive to genuine learning. They would be responsible for guiding discussions, managing potential tensions, and ensuring that all voices are heard and valued.

• Duration and Format: The learning circle could be structured as a series of workshops over several months, or a more intensive retreat format. The key would be sustained engagement, allowing relationships to develop and trust to be built. Online components could supplement in-person meetings to increase accessibility, while prioritizing face-to-face interaction for deeper connection.

The Rationale and Expected Impact:

The "Shared Heritage Learning Circle" is a civic move because it directly addresses the need for understanding and repair in a deeply divided context. It moves beyond pronouncements of blame or pronouncements of ownership and instead focuses on the shared humanity and intertwined destinies of people living in the same place.

• Fostering Empathy and Understanding: By engaging with diverse narratives and texts, participants would gain a deeper appreciation for the perspectives, aspirations, and historical grievances of others. This is crucial for dismantling stereotypes and fostering genuine empathy.
• Building Bridges of Dialogue: The structured nature of the circle would provide a safe and facilitated environment for individuals who might otherwise never interact to engage in meaningful conversation. This can break down walls of fear and suspicion.
• Promoting Historical Literacy: A commitment to honest, historically literate education is essential. By studying the complex history from multiple vantage points, participants can develop a more nuanced understanding of the present.
• Identifying Common Ground and Shared Values: Despite political differences, people living in the region often share fundamental desires for security, dignity, and a better future for their children. The learning circle would actively seek to identify these common threads, providing a foundation for cooperation.
• Inspiring Action for Repair: Ultimately, the goal is to inspire participants to become agents of repair in their own communities. By deepening their understanding and fostering their commitment to ethical principles, the circle can empower individuals to work towards a more just and peaceful future.

This civic move is rooted in the hopeful spirit that can be found even within the most challenging passages of Jewish tradition. The Arukh HaShulchan speaks of a hope for the land, a hope that is inextricably linked to the fulfillment of divine will and ethical responsibility. By creating a space for shared learning, we can begin to translate that hope into a tangible reality, one where the "doing good" in the land extends to all its inhabitants, and where the heritage we share becomes a source of connection rather than division. It is a testament to the enduring belief that even in the face of profound difficulty, the pursuit of understanding and the commitment to ethical action can pave the way for a more hopeful future. This is not about erasing differences, but about building a common future on the bedrock of mutual respect and shared humanity.

Takeaway

The Arukh HaShulchan, through its halakhic discourse on dwelling in the Land of Israel, reveals a profound truth: the aspiration for a homeland is inextricably linked to responsibility. Whether viewed through the lens of divine covenant or civic duty, the land demands more than just presence; it calls for ethical action and a commitment to "doing good." The tension lies not in the desire for a Jewish homeland, but in how that desire is actualized in a shared space. Our takeaway is this: true hope for the Land of Israel, and for all who dwell within it, lies not in claims of exclusive ownership or in the silencing of other voices, but in the courageous and compassionate embrace of shared humanity. It requires us to move beyond abstract ideals and engage in the difficult, yet essential, work of dialogue, learning, and repair, building a future where the sanctity of the land is honored by the justice and dignity afforded to all its people.