By Rabbi Yaakov Rappaport
Leaving the Land
Many young couples begin their first years of marriage living in Eretz Yisroel. Some couples decide to return to Chutz L’aretz after a few years. There are situations in which a person is permitted to leave Eretz Yisroel. The poskim write that if it is necessary for one’s parnasah, shidduchim, talmud Torah or for chinuch, one is permitted to move to Chutz L’aretz.
What if a person is moving to Chutz L’aretz for a non-compelling reason, is he permitted to do so?
Before discussing leaving Eretz Yisroel let us discuss the Kedusha of the land. Maseches Makkos, Daf 19, discusses the topic of kedushas Eretz Yisroel.
There is a dispute in the Gemara whether Kidsha l’shayta v’lo kidsha l’asid lavo. We know that terumos and maaseros no longer apply in Eretz Yisroelon the level of a mitzvah d’oraisa, since its kedusha is not an everlasting holiness for all time. The simple reading of this Gemara would imply that because lo kidsha l’asid lavo there is no holiness Eretz Yisroel today. Does it follow that it is permitted to leave Eretz Yisroel today because it has nokedusha?
There is a dispute between halachik authorities whether the prohibition to leave Eretz Yisroel is applicable today. Among the sources that discuss this question are Bais Shmuel Even Haezer 75,20; Gr”a ibid 17; Pischei Teshuva ibid 6; Vayoel Moshe Mamare Yishuv Eretz Yisroel; Shu”t Mincha Shlomo Tinyan 100,10. The majority consensus seems to be that this prohibitions is applicable today. There are at least four different opinions as to why it is forbidden to leave Eretz Yisroel.
Extra Mitzvos
The Rashbam, on Bava Basra, Daf 91, writes that it’s forbidden to leave Eretz Yisroel, shehmafkia atzmo min hamitzvos hateluyos baaretz. – there are fewer mitzvos when a person lives in Chutz L’aretz, therefore by leaving Eretz Yisroel a person exempts himself from mitzvos.
It seems that it is a general prohibition for a person to be mafkia himself from a mitzvah. R’ Moshe Feinstein in Even Haezer, siman 102, says that theissur of leaving Eretz Yisroel is only an issur D’rabbanan. From this it follows that according to the Rashbam to be mafkia atzmo min hamitzvos is anissur D’rabbanan.
The concept of mafkia atzmo min hamitzvos has many practical applications. For example, a person who puts himself in a place where there is nosukkah on Sukkos, or in a situation where he can’t do as many mitzvos as he could before.
Mitzvah of Yishuv Eretz Yisroel
The Ramban in his hosafa on Sefer HaMitzvos, mitzvas aseh 4 gives another reason why it is forbidden to leave Eretz Yisroel. The Ramban writes that it is ossur for a person to leave Eretz Yisroel, because he’s mevatel the mitzvah of yeshivas Eretz Yisroel. This is being mevatel a mitzvah d’oraisa; more than being mafkia – exempting ones self from anobligation, one is beingmevatel – breaking a mitzvah and not fulfilling it by leaving Eretz Yisroel.
A General Approach
The Meiri in Kesubos, Daf 110, gives a third opinion. The Meiri writes that it is forbidden to leave Eretz Yisroel, because Eretz Yisroel has a tremendous advantagein the chochma and yiras hachetthat is commonly found there. Those living in Eretz Yisroel, yicholin laavod es Hashem kiraui, could serve Hashem the right way. But, writes the Meiri, this is not the case for someone living Chutz La’aretz, where there are Ol hagalus and moretzaros. Within Eretz Yisroel it is easier to serve Hashem overall, in a land that has yiras hachet within it. Only yichidim– individuals – can serve Hashem properly in Chutz L’aretz.
This is a more general approach than the previous opinions. The Rashbam refers specifically to mitzvos hateluyos baaretz and the Ramban discusses the mitzvah of yishuv Eretz Yisroel. But theMeiri is taking a broader approach, all the mitzvos are easier to perform in Eretz Yisroel, and therefore a person will be lax in all of the mitzvos by going to Chutz l’aretz.