Arukh HaShulchan, Orach Chaim 235:15-236:3

Hook

We stand at a unique crossroads in Jewish history, looking back at millennia of longing for Zion and forward at the vibrant, complex reality of a modern State of Israel. For generations, the dream of return was just that—a dream, enshrined in prayer and poetry, a sacred whisper passed from parent to child. Yet, with the establishment of the state, that dream became a tangible, living, breathing place. And with that tangibility came a profound shift: from passive yearning to active responsibility. How do we, as a people deeply rooted in ancient texts and traditions, navigate the immense weight of this historical moment? How do we understand the sacred obligations that bind us to the Land of Israel, even as we grapple with the geopolitical realities, the diverse populations, and the painful conflicts that characterize the region today?

This isn't merely a question for theologians or politicians; it's a deeply human, deeply Jewish challenge. It asks us to hold the unwavering conviction of our ancestral connection to the land alongside a profound ethical imperative to live justly within it, and to share it, in some meaningful way, with others who also call it home. It's about seeking to understand the very foundations upon which our people's relationship with the land is built, and then asking: What does this mean for us, here and now, as citizens of the world and inheritors of a sacred legacy? How do we translate an eternal, covenantal bond into a civic reality that is both true to our deepest values and actively pursues peace and equity for all? This is the hopeful, yet challenging, dilemma that texts like the Arukh HaShulchan invite us to explore, connecting the ancient pulse of our people to the beating heart of today's Israel.

Text Snapshot

The Arukh HaShulchan, Orach Chaim 235:15-236:3, offers a powerful articulation of the enduring Jewish connection to the Land of Israel, rooted firmly in Halakha (Jewish law). It delineates:

• The Mitzvah to Dwell: A clear, continuous obligation for Jewish men to live in the Land of Israel, prohibiting departure except under specific, dire circumstances (e.g., severe famine, loss of livelihood, or for Torah study/marriage if one intends to return).
• Women's Agency: While not directly obligated, women are tied to their husbands' decisions regarding dwelling in Israel, yet possess the right to refuse to leave or demand divorce if a husband insists on moving abroad.
• Active Settlement: Crucially, the text affirms the Ramban's (Nachmanides') view that the mitzvah of "inheriting and settling the land" (Kibbush Eretz Yisrael) is an active, positive commandment applicable in all generations, even in exile, and not dependent on a king or Sanhedrin.
• Redemptive Connection: This active settlement is explicitly linked to the ultimate redemption and the ingathering of exiles, positioning it as a catalyst for messianic times.

Context

Date: Late 19th / Early 20th Century

Rabbi Yechiel Michel Epstein completed his monumental work, Arukh HaShulchan, between 1884 and 1907. This timeframe is crucial. It places the text firmly in the late Imperial era, a period of immense global upheaval and profound change for the Jewish people. In Eastern Europe, where Rabbi Epstein lived and taught, communities were reeling from waves of devastating pogroms, state-sponsored antisemitism, and the crumbling of traditional societal structures. This was also the nascent stage of the modern Zionist movement, with figures like Theodor Herzl publishing "Der Judenstaat" in 1896 and the First Zionist Congress convening in Basel in 1897. The First Aliyah (wave of Jewish immigration to Palestine) was already underway, driven by both religious longing and the harsh realities of European life. While Rabbi Epstein himself was not a political Zionist in the Herzlian sense, operating within the traditional Lithuanian Yeshiva world, his legal rulings were being formulated precisely as the practical, modern return to Zion was beginning to take shape. His work, therefore, serves as a powerful bridge between ancient Jewish law and the emerging realities of Jewish national aspirations. It’s a moment when the passive yearning for Zion, held sacred for nearly two millennia, began to encounter the first stirrings of active, collective self-determination.

Actor: Rabbi Yechiel Michel Epstein (The Arukh HaShulchan)

Rabbi Yechiel Michel Epstein (1829–1908) was one of the most authoritative and influential Halakhists of his generation, a product of the rigorous Lithuanian Yeshiva tradition. His magnum opus, Arukh HaShulchan, was conceived as a comprehensive and accessible commentary on the Shulchan Arukh (the foundational code of Jewish law), integrating centuries of rabbinic discourse, including the Talmud, Rishonim (early commentators), and Acharonim (later commentators). Unlike some of his contemporaries who focused on pilpul (dialectical hair-splitting), Rabbi Epstein aimed to clarify practical Halakha, making it understandable and applicable for the everyday Jew. He was known for his encyclopedic knowledge, his clarity of thought, and his deep reverence for tradition. While not a public advocate for political Zionism, his work, particularly in sections like the one we are studying, implicitly provided a robust halakhic framework for a proactive Jewish presence in the Land of Israel. His authority ensured that these pronouncements on the mitzvah of dwelling in and settling the land were not peripheral but central to Orthodox Jewish legal thought, carrying immense weight for generations to come. He was a figure who, through the meticulous application of sacred law, inadvertently laid significant groundwork for the religious legitimacy of the return to Zion.

Aim: Codifying Halakha for the Generations

The primary aim of the Arukh HaShulchan was to provide a definitive and practical guide to Jewish law for his contemporaries and for future generations. In this specific section (Orach Chaim 235-236), Rabbi Epstein's aim was to clearly articulate the enduring halakhic obligations concerning the Land of Israel. He sought to clarify the mitzvah of dwelling in the land, its exceptions, and the related prohibition of leaving. Most significantly for our discussion, he aimed to firmly establish the mitzvah of inheriting and settling the Land of Israel as an active, positive commandment (mitzvah aseh) applicable in all generations, adopting the bold stance of Nahmanides (Ramban). This was a crucial move. For centuries, many had viewed the mitzvah of conquering and settling the land as dormant, dependent on specific messianic conditions or the presence of a Jewish king and Sanhedrin. By affirming the Ramban's position, Rabbi Epstein underscored that this obligation was continuous and unconditional. His aim was not to issue a political call to action, but rather to ground the Jewish people's profound connection to their land in concrete, living Halakha, transforming a passive spiritual longing into an active, divinely mandated responsibility. This codification provided a vital halakhic backbone for any future Jewish enterprise in the Land of Israel, whether explicitly Zionist or not, ensuring that the return to the land was understood as a fulfillment of divine will, not merely a secular political project.

Two Readings

The Arukh HaShulchan’s articulation of the mitzvah of dwelling in and settling the Land of Israel offers a profoundly rich text for understanding the foundations of the Jewish relationship with the land. While rooted in ancient Halakha, its late 19th-century authorship positions it at a fascinating historical juncture, allowing for diverse interpretations that resonate strongly with the complexities of Zionism and modern Israel.

Reading 1: The Enduring Covenantal Imperative – A Call to Religious Peoplehood

This reading emphasizes the Arukh HaShulchan's text as a timeless declaration of the Jewish people's unique, divinely ordained relationship with the Land of Israel, framed entirely within the covenantal narrative. From this perspective, the text is not a proto-nationalist document but a reiteration of a sacred, eternal obligation that transcends political structures or secular aspirations.

The core of this reading lies in the concept of mitzvah—a divine commandment. Rabbi Epstein meticulously details the mitzvah of yishuv Eretz Yisrael (dwelling in the Land of Israel) as a continuous, positive obligation. He outlines the severity of the prohibition against leaving the land, allowing exceptions only under extreme duress (severe famine, loss of livelihood) or for specific religious purposes (Torah study, marriage, saving property from non-Jewish hands, with the intent to return). This is not merely a preference or a spiritual ideal; it is a binding legal duty, central to Jewish life and practice. The land is not just a place; it is an intrinsic component of the covenant between God and Israel, a place where mitzvot can be fulfilled in their fullest, most authentic expression. To dwell in the land is to live in closer proximity to the divine will, to embody the unique identity and purpose of the Jewish people.

Crucially, the Arukh HaShulchan underscores the mitzvah of kibbush Eretz Yisrael (inheriting and settling the land) by explicitly adopting and endorsing the view of Nahmanides (Ramban). The Ramban famously argued that this mitzvah is an active, positive commandment applicable in all generations, even in exile, and not contingent upon the presence of a Jewish king or Sanhedrin. This is a radical assertion within traditional Halakha. It transforms the passive longing for the Messiah's arrival, which would usher in the return, into an active, ongoing obligation for the Jewish people themselves to establish a presence and develop the land. This is not about military conquest in every generation, but about taking possession in a broader sense—cultivating, building, establishing communities, and making the land flourish. It's a call to agency, to fulfilling a divine command through human effort, irrespective of external political conditions.

From this covenantal perspective, the return to Zion and the establishment of communities are seen as a direct fulfillment of prophecy and a necessary step towards ultimate redemption. The land is the stage upon which the Jewish people are meant to fulfill their unique role in tikkun olam (repairing the world). Dwelling in the land allows for the performance of mitzvot hatluyot ba'aretz (commandments dependent on the land), further deepening the spiritual connection and the people's unique contribution to the divine plan. The very act of settling, building, and making the land fruitful is thus imbued with profound religious significance, a partnership with the Creator in bringing about a perfected world.

However, this reading, while affirming and spiritually potent, carries inherent tensions in a pluralistic world. If the land is a divinely promised inheritance and a unique sphere of Jewish obligation, how does this interact with the legitimate claims and human rights of other peoples who also inhabit the land? The covenantal imperative, by its very nature, can be perceived as exclusivist, prioritizing the internal Jewish narrative and divine command above external considerations of shared space or modern international law. It poses the challenge of reconciling a profound, particularistic religious duty with universal ethical principles and the realities of a contested territory. This perspective demands a strong spine, rooted in unwavering faith, but it also necessitates an open heart to grapple with its implications for those who are not part of this specific covenant.

Reading 2: A Proto-Zionist Manifesto – Laying the Halakhic Groundwork for National Renewal

This second reading interprets the Arukh HaShulchan's text through a historical lens, viewing it as a foundational, albeit implicit, halakhic endorsement for the burgeoning Zionist project and the eventual establishment of a modern Jewish state. While Rabbi Epstein himself was not a political Zionist, his codification provided a critical religious justification and framework for the active return to the Land of Israel, anticipating and legitimizing the practical steps that would follow.

The key to this proto-Zionist interpretation lies in the Arukh HaShulchan's strong emphasis on the mitzvah of kibbush Eretz Yisrael—inheriting and settling the land—and its endorsement of the Ramban's view that this mitzvah applies in all generations, independent of a king or Sanhedrin. This was a radical departure from the passive messianism that had characterized much of diasporic Judaism for centuries, which largely awaited divine intervention for the return. By affirming an active, continuous obligation for the Jewish people to settle the land, Rabbi Epstein effectively provided a halakhic "permission slip" for Jewish agency and self-determination in the Land of Israel. It shifted the paradigm from solely spiritual longing to practical, physical engagement.

In the late 19th century, as Herzl and other secular Zionists were advocating for a political solution to the "Jewish Problem," traditional religious figures like Rabbi Epstein, through their halakhic pronouncements, were, perhaps unknowingly, laying parallel groundwork. While the secular Zionists spoke of national self-determination and a safe haven, the Arukh HaShulchan spoke of divine commandment and redemptive action. Both, however, pointed towards the same outcome: the active return and establishment of a Jewish presence in the land. The text thus served as a powerful counter-argument to those within the religious world who opposed Zionism on the grounds that it "forces the end" or was a secular rebellion against divine will. Instead, the Arukh HaShulchan argued that active settlement was, in fact, a fulfillment of divine will.

The concept of "conquering" the land, as mentioned in the text (often translated as inheriting or taking possession), can be reinterpreted in this proto-Zionist context not necessarily as military conquest, but as the active development, cultivation, and establishment of a thriving Jewish society. This aligns perfectly with the early Zionist pioneers who drained swamps, built kibbutzim, established cities, and revived the Hebrew language. Their "conquest" was often one of labor, settlement, and nation-building, transforming a neglected land into a vibrant homeland. The Arukh HaShulchan's text, therefore, provides a deep traditional root for the pioneering spirit of early Zionism, imbuing seemingly secular acts of building and development with sacred purpose.

Furthermore, the explicit link between settling the land and the ingathering of exiles and redemption (236:3) positions the act of Aliyah and settlement as a catalyst for the ultimate messianic era. This offers a powerful theological justification for the Zionist enterprise, framing it not just as a political project but as a divinely mandated step towards the ultimate perfection of the world. It provides religious Zionists, in particular, with a strong imperative to actively participate in the building of the state and the expansion of Jewish presence throughout the land.

However, this reading, while providing immense historical and religious justification for the State of Israel, also comes with its own set of critical tensions. The concept of "inheriting and settling" the land, particularly when viewed through the lens of modern political reality, inevitably raises questions about the rights and claims of existing non-Jewish populations. How does the halakhic imperative to "take possession" translate into a just and equitable policy in a multi-ethnic, multi-religious state? The text, written before the modern conflicts, does not explicitly address the status of non-Jewish inhabitants under Jewish sovereignty. This proto-Zionist interpretation, while powerful for Jewish self-determination, therefore necessitates a deep ethical engagement with issues of land, sovereignty, and the rights of minorities, demanding that the "strong spine" of conviction be balanced by an "open heart" to the complex human realities on the ground. It challenges us to build a state that is both authentically Jewish and truly just for all its inhabitants.

Civic Move

Given the profound implications of the Arukh HaShulchan's text—its call to covenantal obligation, its implicit endorsement of Jewish agency in the land, and the inherent tensions these generate in a contested, pluralistic space—a vital civic move is to foster "Deep Listening and Deliberative Engagement: Reconciling Sacred Claims with Shared Responsibility." This action aims to move beyond ideological silos and create spaces where diverse stakeholders can genuinely grapple with these foundational texts and their contemporary impact, not to resolve all disagreements, but to cultivate mutual understanding and identify pathways toward more just and peaceful coexistence.

Goal: To bridge the gap between deeply held religious-historical narratives of belonging and the complex, lived realities of a shared land, fostering a collective commitment to ethical statecraft and inclusive citizenship.

The objective is not to dilute or dismiss the profound Jewish connection to the land, as articulated by the Arukh HaShulchan, but to explore how that connection can be responsibly and ethically manifested within a modern state that is home to multiple peoples with their own legitimate claims and narratives. It seeks to elevate the discourse from confrontation to contemplation, from accusation to understanding.

Participants: A Multi-Perspective Forum

This initiative would convene a diverse group of individuals representing the spectrum of perspectives on the Land of Israel/Palestine. This includes:

• Religious Jewish leaders and scholars: Those deeply rooted in Halakha and the covenantal narrative, capable of articulating the traditional obligations and spiritual significance of the land.
• Secular Zionist thinkers and historians: Individuals who understand the modern national project, its aspirations, and its historical development.
• Palestinian community leaders, scholars, and historians: Representatives who can articulate indigenous claims, historical narratives of dispossession, and their aspirations for justice and self-determination.
• Ethicists, human rights advocates, and experts in international law: Providing a framework for universal principles and contemporary legal standards.
• Educators and youth leaders: To ensure that the insights gained can be disseminated and integrated into future generations' understanding.

The diversity of voices is crucial. It’s about creating a microcosm of the contested space itself, but within a framework designed for constructive engagement rather than adversarial debate.

Process/Topics for Discussion:

The forum would engage in structured dialogue, utilizing the Arukh HaShulchan text (and similar foundational texts from other traditions) as a starting point for deeper inquiry:

1. Deconstructing "Conquest," "Inheritance," and "Settlement":

   • How do we interpret these terms from ancient texts (like the Arukh HaShulchan's endorsement of Ramban) in a modern ethical framework?
   • What does "settling the land" mean today, beyond mere physical presence? Does it imply exclusive ownership, or can it encompass active contribution, stewardship, and the creation of shared prosperity for all inhabitants?
   • How do these interpretations intersect with the concept of indigenous rights and self-determination?

2. Exploring Narratives of "Belonging" and "Homeland":

   • Each group would articulate their deep-seated narratives of belonging to the land—covenantal, historical, indigenous, national, spiritual.
   • The aim is not to compare or judge the validity of these narratives, but to understand their profound emotional and historical weight for each community. How do different "sacred geographies" overlap and conflict?

3. Responsibility to the "Other" (The Ger):

   • If the land is a divine gift and obligation for the Jewish people, what ethical responsibilities does that impart towards all its inhabitants, particularly non-Jewish neighbors and minorities?
   • How do Jewish ethical principles like tzedek (justice), mishpat (righteous judgment), derekh eretz (respectful conduct), and the treatment of the ger (stranger/resident alien) inform our actions in the land today?
   • What parallels or contrasts exist in other traditions regarding the treatment of minorities or non-landowners?

4. Imagining a Shared Future:

   • Moving beyond historical grievances, the dialogue would explore concrete, practical initiatives for cooperation, mutual respect, and equitable coexistence.
   • This could involve discussions on shared governance models, economic partnerships, cultural exchange programs, and educational curricula that acknowledge multiple narratives. The focus here is on creative problem-solving and identifying areas of common ground, however small.

Anticipated Outcome:

The primary outcome is not necessarily a sudden resolution of the conflict, which is unrealistic for a single initiative. Instead, the goals are:

• Increased Empathy and Mutual Understanding: Participants gain a deeper appreciation for the legitimacy and profundity of others' narratives and claims, even if they don't fully agree with them.
• Identification of Shared Values and Common Ground: Discovering surprising overlaps in ethical principles and aspirations for peace, security, and prosperity for all.
• Capacity Building for Constructive Dialogue: Training leaders and communities in the art of deep listening and respectful disagreement.
• Generation of "Civic Imagination": Inspiring new ideas for coexistence, cooperation, and conflict transformation that move beyond zero-sum thinking.
• Shifting Internal Discourse: Encouraging participants to bring these nuanced understandings back to their respective communities, challenging rigid narratives and fostering internal complexity.

This civic move is about acknowledging that while the Arukh HaShulchan provides a powerful lens for Jewish identity and connection to Israel, its practical application in the 21st century demands an expansive ethical vision that embraces dialogue, justice, and the shared humanity of all who call the land sacred. It is a tangible way to live out the "strong spine, open heart" ethos in pursuit of a better future.

Takeaway

The Arukh HaShulchan, a foundational text of Jewish law from the turn of the 20th century, profoundly grounds the modern State of Israel in millennia of religious conviction and obligation. It reminds us that for the Jewish people, the Land of Israel is not merely a political entity or a geographical location; it is a sacred inheritance, a covenantal imperative, and a stage for fulfilling our unique role in the world. Rabbi Epstein's meticulous codification of the mitzvah to dwell in and actively settle the land, even in exile and without a king, provides an enduring halakhic backbone to the Zionist project, transforming passive yearning into an active call for Jewish agency and self-determination.

Yet, as we embrace this powerful legacy, we are simultaneously confronted with the profound complexities of applying ancient texts to a contested modern reality. The very strength of this covenantal claim necessitates a deep ethical reflection. To be pro-Israel with complexity means acknowledging the sacred roots of our connection—our "strong spine"—while also engaging with the competing narratives, the legitimate claims, and the lived experiences of all who call the land home. It demands an "open heart" that seeks justice, compassion, and shared humanity alongside steadfastness.

The journey from a divine promise to a modern state is fraught with challenges, and the work of building a truly just and peaceful society is ongoing. The Arukh HaShulchan, in its timeless wisdom, calls us not only to remember our obligations to the land but also, implicitly, to consider our responsibilities within it. Our task, as educators and as citizens, is to hold these truths in creative tension, fostering dialogue, pursuing repair, and continuously striving to build a future in the Land of Israel that reflects the highest ideals of our tradition: one of peace, security, and dignity for all its inhabitants. This is the promise of hope that emerges from the heart of our tradition, guiding us towards a future of shared flourishing.