Arukh HaShulchan, Orach Chaim 236:4-11

Hook

The yearning for a homeland, a place to belong, to build, and to flourish – this is a story etched into the very soul of the Jewish people. For millennia, this dream pulsed with the rhythm of prayer, whispered in hushed tones in synagogues across the globe, and envisioned in the vibrant tapestry of Jewish life, even in exile. But the journey from a prayer to a political reality, from a yearning for Eretz Yisrael to the complex, vibrant, and at times deeply challenging State of Israel, is a narrative woven with both profound hope and enduring responsibility. Today, we grapple with a particularly potent expression of this tension, found within the halakhic (Jewish legal) discourse of the 19th century, a time when the seeds of modern Zionism were beginning to sprout. The Arukh HaShulchan, a monumental work of Jewish law, offers us a glimpse into how deeply ingrained the concept of Jewish presence and responsibility in the Land of Israel was, even before the political movements of modern Zionism took hold. This text forces us to confront the enduring question: what does it mean to be connected to the Land of Israel, and what are the obligations that flow from that connection, both in the past and in the present?

Text Snapshot

The Arukh HaShulchan, Orach Chaim 236:4-11, addresses the laws pertaining to Shmita (the Sabbatical year) and its application in the Land of Israel. The specific passages we are examining highlight the profound reverence and legal distinctions associated with the Land.

"It is known that all the mitzvot which are dependent on the Land of Israel, even when the majority of Israel is in exile, are only applicable when there is a majority of the Jewish people dwelling in the Land of Israel, or when the Sanhedrin is established in its place. However, regarding the prohibition of Yishuv HaAretz (settling the land) which is a positive mitzvah, this is applicable even when the majority are not in the Land, as it is a mitzvah to settle the land. And this is the primary intent, as it is written, 'And I shall give you the Land of Canaan to be a God to you' (Leviticus 26:45), and it is written, 'And you shall inherit the land' (Numbers 33:53). And this is the essence of the matter, that settling the land is a positive mitzvah that is never nullified, even when the majority are in exile."

"Therefore, it is forbidden to rent one's fields to non-Jews in the Land of Israel for the Shmita year, even if the Shmita laws are not fully operative, because this is considered as if he is assisting them in transgressing the mitzvah of Shmita. And similarly, it is forbidden to hire non-Jews to work the fields during the Shmita year, even if the Shmita laws are not fully operative, for the same reason. This is because the Land of Israel is holy, and its holiness is not diminished by the exile of the majority of Israel."

Context

Date

The Arukh HaShulchan, authored by Rabbi Yechiel Michel Epstein, was published in its entirety between 1878 and 1911. This period is crucial as it falls within the late 19th and early 20th centuries, a time of burgeoning national consciousness among various peoples, including Jews. It predates the formal establishment of the State of Israel but coincides with the early waves of Zionist immigration and the growing intellectual and spiritual currents that would later fuel the movement.

Actor

Rabbi Yechiel Michel Epstein was a prominent Lithuanian rabbi and Posek (halakhic decisor). He was known for his vast knowledge of Jewish law and his meticulous approach to codification. While he lived in the diaspora, his work, like much of rabbinic literature, deeply engaged with the laws and ideals pertaining to the Land of Israel, reflecting a continuous thread of connection and obligation.

Aim

The primary aim of the Arukh HaShulchan was to provide a comprehensive and accessible code of Jewish law, synthesizing and clarifying existing rulings. In this specific section on Shmita, Rabbi Epstein aimed to delineate the practical application of these laws in the Land of Israel, particularly in a context where the full observance of Shmita might be compromised due to the absence of a Sanhedrin and the dispersed state of the Jewish people. His intent was to maintain the sanctity and halakhic integrity of the Land, even amidst challenging historical circumstances, emphasizing the inherent positive mitzvah of settling the land.

Two Readings

The Arukh HaShulchan's treatment of Shmita and settling the Land of Israel, while rooted in ancient halakha, offers a fascinating lens through which to understand the evolving relationship between Jewish peoplehood and the Land in the modern era. We can approach these passages through two distinct, yet often interwoven, frames: the covenantal and the civic.

Reading 1: The Covenantal Imperative – A Divine Trust and Sacred Soil

This reading centers on the deeply spiritual and covenantal relationship between God, the Jewish people, and the Land of Israel as established in the Torah. From this perspective, the Land is not merely territory but a divine endowment, intrinsically holy, and imbued with specific commandments that are tied to its soil. The Arukh HaShulchan emphasizes this by highlighting the concept of Yishuv HaAretz (settling the Land) as a mitzvah d'Oraita (a commandment from the Torah) that is "never nullified." This is not just about physical presence; it’s about fulfilling a divine mandate, a sacred trust.

The prohibition against renting fields to non-Jews during Shmita, even when full observance is not possible, underscores this covenantal perspective. It’s not merely about preventing agricultural productivity; it’s about safeguarding the sanctity of the Land from being exploited in a manner that contravenes its divinely ordained purpose. The Land’s holiness, Rabbi Epstein states, "is not diminished by the exile of the majority of Israel." This suggests an inherent, almost immutable, spiritual quality to the Land that transcends the political and demographic circumstances of its inhabitants. The focus here is on peoplehood as a spiritual collective, bound by a divine covenant to a specific holy space. The responsibility is to uphold the sanctity of this space, to be its custodians, and to ensure its divine purpose is respected, regardless of the scale of Jewish presence. This reading resonates with the language of biblical promises and the historical memory of a land given by God, where every furrow and harvest carries a spiritual weight. It speaks to a profound sense of continuity and an enduring, almost existential, connection to the Land that predates and informs any political aspiration. The obligation to settle the land becomes an act of faith, a testament to enduring belief in God's promises and the inherent holiness of the Land.

Reading 2: The Civic Foundation – Collective Responsibility and National Renewal

This reading shifts the emphasis towards the practical implications of Jewish presence in the Land and the emerging concept of collective responsibility that would become a cornerstone of modern Zionism. While not negating the spiritual dimension, this perspective views the Land as the locus of Jewish national life and the stage for collective self-determination. The Arukh HaShulchan's discussion, though framed in halakhic terms, implicitly speaks to the challenges of establishing and maintaining a Jewish society in the Land, even before statehood. The very act of discussing the applicability of Shmita laws, and the concern for preventing their transgression, points to the desire to build a normative Jewish life in the Land, where Jewish law would ideally be the guiding principle.

The concern about renting fields to non-Jews, in this light, can be seen as a concern for preserving the integrity of the emergent Jewish economic and social fabric. It’s about ensuring that Jewish labor and Jewish values are prioritized in the cultivation of the Land. This anticipates the later Zionist emphasis on "conquest of labor" and the creation of a self-sustaining Jewish economy. The "primary intent" of settling the land, as a positive mitzvah, can be interpreted as a call for national renewal, for rebuilding a Jewish presence that is not merely symbolic but actively engaged in shaping the life of the Land. This reading understands "peoplehood" not just as a spiritual collective but as a national entity with the right and responsibility to govern its own affairs and to cultivate its own land according to its values. The Arukh HaShulchan's pronouncements, therefore, can be seen as laying a halakhic groundwork for the civic aspirations of Zionism, articulating an ancient imperative for Jewish self-governance and national flourishing in their ancestral homeland. The Land, in this reading, becomes the essential canvas for the realization of Jewish national aspirations, a place where the collective will and responsibility of the Jewish people can be expressed and enacted.

Civic Move

Bridging the Halakhic and the Human: A Dialogue on Sacred Stewardship

The Arukh HaShulchan's intricate discussion on Shmita and settling the Land of Israel, while deeply rooted in halakhic tradition, offers a powerful springboard for contemporary dialogue and action. The tension between the ancient covenantal imperative and the modern realities of building a nation-state, with its diverse populations and complex geopolitical landscape, is palpable. To navigate this, we must move beyond abstract legal pronouncements and engage in a grounded, human-centered conversation about stewardship and responsibility.

The Civic Move: Facilitate a series of facilitated dialogues between diverse groups within Israeli society – including religious and secular Israelis, Jewish and Arab citizens, new immigrants and long-established residents – focusing on shared responsibility for the Land of Israel. These dialogues would not aim to reach halakhic consensus but rather to explore the ethical and practical implications of living together in this sacred and contested space.

How it Works:

1. Shared Text Exploration: Begin each session by briefly exploring passages from texts like the Arukh HaShulchan, the Torah, and even contemporary Israeli poetry or essays that speak to the concept of the Land and belonging. The goal is to highlight the historical depth of connection and obligation.
2. Focus on Shared Values: Guide participants to identify common ground, such as the desire for peace, security, economic well-being, and a healthy environment for all who live in the Land.
3. Ethical Dilemmas and Practical Solutions: Present participants with contemporary ethical dilemmas related to land use, resource management, and intergroup relations in Israel. Encourage brainstorming of practical, collaborative solutions that honor the diverse needs and aspirations of all residents. This could involve discussions on agricultural practices, water conservation, urban planning, or cultural preservation.
4. Emphasizing Mutual Responsibility: The core of the dialogue should be on fostering a sense of mutual responsibility for the well-being of the Land and all its inhabitants. This means acknowledging historical narratives, understanding present challenges, and collectively envisioning a more just and sustainable future.
5. Building Bridges, Not Walls: The aim is not to erase differences but to build understanding and empathy. By engaging with ancient texts that speak to a profound, almost inherent, connection to the Land, while simultaneously addressing the urgent needs of contemporary life, we can foster a more inclusive and responsible approach to living in Israel.

This civic move seeks to translate the enduring halakhic concerns about the sanctity of the Land and the responsibility of its people into concrete actions that promote coexistence and shared stewardship. It’s about recognizing that the "Land of Israel" is not just a theological concept or a political entity, but a shared home, and its future depends on our collective ability to care for it with both strength and compassion.

Takeaway

The Arukh HaShulchan's voice from the past reminds us that the Jewish connection to the Land of Israel is a profound tapestry woven from divine promise, historical memory, and an enduring sense of responsibility. The concept of settling the Land as a perpetual mitzvah, and the meticulous concern for its sanctity even in exile, speak to a deep-seated commitment that predates modern political Zionism. Yet, as we inhabit the reality of the State of Israel, this ancient imperative demands a contemporary interpretation. It calls us to move beyond a purely covenantal understanding and embrace a civic responsibility, one that acknowledges the complexities of a diverse society and the urgent need for shared stewardship. The challenge before us is to bridge the historical reverence with the practical demands of coexistence, to learn from the wisdom of our ancestors about the Land's sacredness while actively building a future where all who call it home can flourish with dignity and peace. This journey requires an open heart, a strong spine, and a steadfast commitment to fostering dialogue and understanding, ensuring that the hope for the Land is realized for all its people.