Parshas Shlach 5786 – Intriguing Questions & Answers
The Source and Reason for the Prohibition of Leaving Eretz Yisrael — Part II
We learn in Bava Basra (91a): “The Rabbis taught: One may not leave Eretz Yisrael for chutz la’aretz…” The Rishonim disagree regarding the reason for the prohibition of leaving Eretz Yisrael for chutz la’aretz.
The Rashbam explains, “because he removes himself from the mitz-vos.” The Acharonim differ in explaining his intent, and we find four reasons in the poskim why it is forbidden to leave Eretz Yisrael:
1)
In Shu”t Beis Shlomo (Yoreh Deah, vol. II, siman 94), it is explained that one loses the opportunity to fulfill the mitzvos that are dependent upon the Land.
2)
In Gilyonei HaShas to Kesubos (110b, s.v. hakol), he asks why the Rashbam did not explain more simply that one neglects the mitzvah of dwelling in Eretz Yisrael, which is a positive commandment from the Torah, as explained by the Ramban (Additions to Sefer HaMitzvos, positive commandment 4); it is a beloved mitzvah, equivalent to all the mitzvos combined, as stated in the Sifri (Devarim, piska 28).
3)
The Meiri in Kesubos (111a) writes:
Just as it is forbidden to leave Eretz Yisrael for chutz la’aretz, so too it is forbidden to leave Bavel for other lands, for any place where wisdom and fear of sin are commonly found has the status of Eretz Yisrael. As the Sages said, “Whoever dwells in Bavel is considered as though he dwells in Eretz Yisrael.” Everything they said was based on the fact that generally in chutz la’aretz wisdom and fear of sin are generally not found among Jews because of the many troubles and burdens of exile that they endure there, except through great toil and suffering. But in general, in Eretz Yisrael wisdom and fear of sin are commonly found, and through them people attain honor of their Creator and merit to enjoy the radiance of the Shechinah.
4)
The Chochmas Adam (Shaarei Tzedek, Shaar Mishpetei Ha’Aretz 11:14, and Imrei Yaakov siman 1:14) gives another reason why one may not leave Eretz Yisrael: because there are relatively few Jews there, and so that the Land should not remain empty of Jews. They pray for the welfare of all of us, and their prayers are more readily accepted than ours, as stated in Arachin (32b), where Scripture was exacting with Yehoshua because he did not pray regarding idolatry. Moshe, by contrast, did not possess the merit of Eretz Yisrael.
However, it is necessary to determine when it is permitted to leave Eretz Yisrael for chutz la’aretz. The Rambam (Hilchos Melachim 5:9) rules:
It is always forbidden to leave Eretz Yisrael for chutz la’aretz, except to study Torah, to marry a woman, or to rescue property from idolaters, and then he must return to the Land. Likewise, one may leave for business purposes. However, it is forbidden to settle in chutz la’aretz unless the famine there becomes severe… Although it is permitted to leave, it is not the pious way to do so, for Machlon and Kilyon were two of the great leaders of the generation, and because of great distress they left, yet they became worthy of punishment.
The Poskim mention several additional permissions for leaving Eretz Yisrael, such as for the mitzvah of honoring one’s father and mother (Tashbetz III, siman 288), or even to see one’s children and grandchildren. For the Mishnah Berurah (531:14) rules that one may leave Eretz Yisrael to greet a friend, since this is considered a mitzvah; certainly, then, one may leave to see one’s children and grandchildren.
Similarly, one may leave Eretz Yisrael in order to pray at kivrei tzaddikim, as stated in Shaarei Teshuvah (siman 568:20). However, the author of B’Tzel HaChochmah (in his work Ohalecha Ba’Amitecha, ch. 49 note 14) comments that this leniency requires further study, for if the Sages permitted travel abroad to marry a woman because she is more suitable than those in Eretz Yisrael, and to study Torah even though Torah can also be studied in Eretz Yisrael, for they taught: “A person should always study in the place his heart desires.” But regarding visiting the kivrei tzaddikim—are there not enough kivrei tzaddikim in Eretz Yisrael, including neviim, Tannaim, and Amoraim? Who in chutz la’aretz is greater than they, such that one should leave to pray at his kever? He suggests that perhaps the ruling refers to righteous individuals with whom one was personally connected during their lifetime, for certainly there is a unique benefit in visiting their graves specifically.
It appears, however, that one may not leave Eretz Yisrael merely for sightseeing, as is evident from the Shulchan Aruch in the laws of Chol HaMoed (siman 531:4). One who arrives from overseas during Chol HaMoed may shave, provided that he did not leave Eretz Yisrael merely for travel and recreation. The Mishnah Berurah (14) explains that since he departed in violation of the law, the Sages did not permit him to shave.
It should be noted that Shu”t Beis Shlomo (Yoreh Deah, siman 94) writes that the permission to leave Eretz Yisrael for honoring parents and the like applies only when one’s intent is for the sake of the mitzvah. He explains in this manner the question raised by the Panim Yafos: Why were Machlon and Kilyon punished for leaving Eretz Yisrael when they were fulfilling the mitzvah of honoring a parent? He answers that their intention was not for the mitzvah but for their own benefit. In addition, they were held accountable for not returning to Eretz Yisrael after the death of Elimelech.
Tosafos in Avodah Zarah (13a, s.v. lilmod Torah) cites the She’iltos (She’ilta 103), who maintains that one may leave for all mitzvos. Tosafos himself, however, holds that the permission applies only to the specifically mentioned mitzvos—marriage and Torah study—which are especially significant mitzvos.
In Shu”t Mishnas Yosef (vol. I, siman 57:3), he discusses whether one may leave Eretz Yisrael for recuperation, to strengthen a physically weak person and thereby prevent illness. Just as one may leave for business even when it is merely for financial improvement, and just as one may leave to study Torah even if he has teachers available in Eretz Yisrael—for one does not merit learning from every person—so too, perhaps not every place is conducive to recovery. He leaves the matter unresolved.
In Menuchas Emes (4:22), it is written that one should not travel abroad for vacation unless it contributes to health needs. Nevertheless, the accepted ruling follows Shu”t Teshuvos V’Hanhagos (vol. V, siman 393), that when one leaves for health purposes in a manner that cannot be achieved in Eretz Yisrael, there is room for leniency.
Shu”t Shevet HaLevi (vol. V, siman 173) writes regarding the words of the Rambam (Hilchos Melachim 5:9) that the primary prohibition of leaving for chutz la’aretz applies specifically when one intends to reside there. This was permitted only when famine in Eretz Yisrael became severe. However, when one leaves and returns while maintaining permanent residence in Eretz Yisrael, the Sages permitted it for a need, even for business purposes and even when one does not require it for his livelihood. The reason is that the root prohibition concerns only permanent residence in chutz la’aretz; therefore, any genuine need was permitted.
Consequently, if one travels merely for recreation, logic would indicate that this does not qualify as a need. Nevertheless, if one travels for a very short time in order to witness the niflaos haBorei, there may be grounds to be lenient.
The students of Maran Rav Shlomo Zalman Auerbach (Halichos Shlomo, Tefillah ch. 23 note 16) relate that he viewed very negatively the widespread practice of traveling from Eretz Yisrael to chutz la’aretz for purposes other than those discussed by the poskim. He stated that he saw no permission for such travel. When he was asked (in 5731/1971) to travel abroad for his grandson’s bar mitzvah, he wrote that he did not see sufficient grounds for permission. He added that even if he would increase public Torah teaching there, thereby fulfilling the mitzvah of public Torah instruction, nevertheless the increase in “teaching” would come at the expense of a decrease in “learning.” This is how his students recorded his view.
However, as is well known from the Sages’ principle that halachah is not generally derived from stories, especially since the aforementioned Mishnah Berurah in the laws of Chol HaMoed permits leaving Eretz Yisrael in order to see a relative or beloved friend. See also Shu”t Minchas Yitzchak (vol. III, siman 26:7), Shu”t Be’er Moshe (vol. VII, p. 325), and Shu”t Devar Yehoshua (vol. II, siman 71).
Thus far we have presented several points regarding the source of the prohibition and the heterim to leave Eretz Yisrael. We have been very brief, and there are many additional sources in the Shas and in the writings of the poskim where permissions to leave Eretz Yisrael are discussed. Therefore, it is worthwhile to clarify the practical halachah each time such a question arises.
Participating in a Christian Women’s Weight-Loss Group
Q: Women asked whether they may join a group of Christian women who work together to lose weight through dieting. However, they noticed that at the end of each meeting the Christian participants recite a prayer that their god should help them succeed in losing weight. May one participate in and join such a group?
A: Women may not participate in a weight-loss group together with non-Jewish women when the group concludes with prayers that their deity assist them in this endeavor. This was the ruling of Rav Moshe Feinstein, as cited in Mesoras Moshe, vol. IV, Yoreh Deah (sec. 54). See also Shu”t Igros Moshe (Orach Chaim, vol. II, siman 24), where Maran zt”l writes that although there is a concept of prayer among non-Jews, if they invoke the name of a deity and intend a form of idol worship, it is forbidden to join in such prayer.
May a Jewish Doctor Working in a Christian Hospital Address a Priest with an Honorific Title?
Q: A question arose regarding a G-d-fearing Jewish physician who works in a Christian hospital. There it is customary to address a priest respectfully as “Father.” If a Jewish doctor or other employee works in such an environment and it is standard practice to address the priest by this title, may he use the English word “Father” as others do?
A: I presented this question to my teacher, Maran Rav Avigdor Nebenzahl shlit”a, and he replied that there is no concern whatsoever, since the title does not constitute a name associated with idol worship or anything similar. Therefore, one may respectfully use the customary title by which the priest is addressed in that setting.
I also found this discussed in Chashukei Chemed at the beginning of Avodah Zarah, as well as in Kav V’Naki, vol. I (siman 256). There it is suggested that the physician may have in mind the “Father” in Heaven. This is similar to the ruling of the Rema (siman 157:2), who writes that although one may not explicitly state that he is a non-Jew, he may use language that can be understood in two ways. The non-Jew will understand it as a reference to idol worship, while the Jew intends something entirely different. See also the Shach there (18), who notes from the Gemara that a Torah scholar could say, “I am a servant of fire,” in order to avoid taxation. The expression could be interpreted as a reference to the fire-deity worshipped by idolaters, while the scholar intended Heaven, which is described as a consuming fire.
Maran Rav Yosef Shalom Elyashiv zt”l commented that if the term “Father” has become merely a title for a priest, similar to the explanation of the Bartenura at the beginning of Pirkei Avos regarding Avtalyon, perhaps it may be permitted, because it is simply his title and carries no implication that he is literally a father. However, if the term has not yet become merely a title and one is addressing him as though he were truly a father to all, then it requires further analysis whether permission can be granted. Even if the physician intends Heaven, he is nevertheless conferring upon the priest a title of honor implying fatherhood over others.
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