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Torah From Zion
The Aspects of Gifts and Inheritances of Am Yisrael
January 12th, 2025 / 12th of Teives, 5785
Eretz Yisrael – gift and inheritance
The Yerushalmi (Bava Basra 8:2) poses the following question: Rabi Yochanan asked a contradiction in the verse, “And I will bring you into the Land and give it to you as an inheritance” (Shemos / Exodus 6:8). Giving indicates a gift, while an inheritance is bequeathed. Which of these natures applies to our acquisition of Eretz Yisrael [the Land of Israel]? He answered that both were relevant. After Hashem [G-d] granted it to the Jews as a present, He then bequeathed it as an inheritance. Let us try to explain the significance of this curious state of affairs.
The difference between gifts and inheritances is illustrated by the Ketzos Hachoshen (278:13). A firstborn son receives a double portion of his father’s estate, but the two parts are not halachically [legally] equal. One half is a regular inheritance along with his brothers while the other is termed by the Torah as a “gift.” As such, he has permission to revoke his right to the bechor [firstborn] part (for example, to avoid responsibility for his father’s debts), but is unable to renounce his “regular” portion. The Ketzos compares this to the law that a husband may reject acquisition of his wife’s estate since it is as compensation to him for his endeavors on her behalf, and only if he wants it. Similarly, the bechor bonus is considered as a gift to him, and is subject to his approval.
Rabbi Chaim Zimmerman (brought in Torah L’Yisrael, “Matana VYerusha”) applied this concept to the Yerushalmi about Eretz Yisrael. Two aspects co-exist in this Land. It is an inheritance from Hashem, and also considered a gift, based on our actions. The difference between them is what the Ketzos describes: whether or not it can be rejected. Thus, the Land which was conquered and sanctified by our efforts is classified as a gift from Hashem, and could potentially be disowned. However, when He subsequently bequeathed it as an inheritance, annulment became impossible.
Torah – inheritance through deeds or guaranteed?
As children, we began our morning prayers with the verse, “The Torah was commanded to us by Moshe [Moses], a heritage of the Congregation of Yaakov [Jacob]” (Devarim / Deuteronomy 33:4). This expression indicates that the Torah is our inheritance. What form does it take of the two kinds mentioned?
We know that acquisition of Torah knowledge results only from personal efforts—it’s not hereditary. Just because one’s parent is a Torah scholar doesn’t guarantee that he will be likewise; one must put in his own toil and effort. Hence, the heritage of Torah is in the category of rights that depend on our actions. Likewise, as in the prerogative of the first-born, one could chas v’shalom [G-d forbid] reject his gift of the holy Torah. In order to acquire the Torah, we must be moser nefesh [sacrifice] for it, as its words are not retained except for one who kills himself over them (Berachos [Talmud] 63b).
Shabbos – A gift to Am Yisrael
We thank Hashem in our prayers on Shabbos [Sabbath], “You didn’t give it to the peoples of the lands, nor make it the inheritance of idol-worshipers.” Shabbos is thus a gift given to Am Yisrael [the Nation of Israel], to the exclusion of the other nations of the world. The Gemara says as such in Beitza [Talmud] 16a: So said Hashem to Moshe, “I have a wonderful gift in My treasure house; Shabbos is its name. I want to give it to Yisrael.”
This creates a dilemma for a Ger Toshav (a gentile who accepted upon himself the Seven Noahide Laws) who wishes to live in Eretz Yisrael. The Rambam [Maimonides] (Hilchos Avoda Zara / Laws of Idol Worship 10:36) rules that when the Jewish people have autonomous dominion over the Land, gentiles are forbidden to enter, much less dwell here, unless they accept these seven laws. This acceptance must be for the sake of Hashem, not just because the laws seem logical to him. Now, one of them is the prohibition against idol-worship. The problem is that Chazal [the Sages] consider one who profanes Shabbos as if he served idols! If so, a Ger Toshav should have to keep Shabbos. Indeed, Rashi [Rabbi Shlomo Yitzchaki] holds this, explaining the verse, “so that they shall rest…and the Ger” (Devarim / Deuteronomy 5) as referring to a Ger Toshav (Yevamos [Talmud] 48b). However, we also know that if a non-Jew keeps Shabbos, he is liable to the death penalty! (Tosafos ask this on Rashi, and argue on his opinion.)
Combining these facts puts the Ger Toshav into a paradoxical situation: he cannot be in Eretz Yisrael unless he heeds the Seven Noahide Laws, one of which is idol-worship. Profaning Shabbos is akin to such, but a non-Jew who keeps Shabbos forfeits his life! How could a Ger Toshav live in Eretz Yisrael?
As an aside, this question is not relevant in our days, as the Jewish people’s control over the Land is not as sovereignty; we are subject to world powers and concerned about international reprisals. But what is to be done when Klal Yisrael [the Jewish people] is in complete power?
Rabbi Zimmerman solved this conundrum with the Gemara in Kerisos 9a, that a Ger Toshav performs melacha [creative acts] (for himself) on Shabbos as per the laws of Chol Hamoed [intermediate days of festivals]. He thus doesn’t fully keep Shabbos, but is not considered as profaning it, either. He is excluded from the all-encompassing menucha [rest] which Jews enjoy, but adheres to a modicum of cessation from work.
This idea fits beautifully into the words of our Shabbos prayer, mentioned above. “You have not given it” — as a complete gift — “to the nations of the world.” Even as the Ger Toshav remembers the Shabbos, it is in a limited form.
We can now explain the continuation of the prayer. “And you did not nor make it the inheritance of idol-worshipers.” Since Shabbos is a gift to us, and based on the Ketzos we established that gifts may be refused, it follows that anyone who defies its holiness is barred from its beauty. And worshiping idols is tantamount to desecrating the Shabbos, as Rashi puts it succinctly (Chullin [Talmud] 5a): “One who serves idols denies Hashem, and also one who profanes Shabbos thereby denies Hashem and falsely portrays as if He didn’t rest after creating the world.” So even a Jew could be addressed in this phrase of the prayer—if he worships idols, he cannot have Shabbos.
Eretz Yisrael today – inheritance by deed
Earlier, we noted two aspects of our relationship with Eretz Yisrael — gift and inheritance; inheritance prompted by deeds is considered a gift, and could be nullified. How are we to relate to the Land in our days — which aspect is the prevailing one?
As we wait for Moshiach [the Messiah] to come and solidify our ownership with a bris [covenant], it seems that it is currently a conquest of the deeds. In the future, it will be a pure inheritance. Thus said, our possession of Eretz Yisrael is subject to our willingness for it. If we don’t guard it, we could lose it…
So too here in Meitzad [the settlement], which we built with our own hands, it is an acquisition which is conditional. We need to treasure its holiness and not forfeit this part of Eretz Yisrael, especially after all the hard work that went into it.
Rectification of sin – inheritance through deeds
Rabbi Yonasan Eibeschitz, in Ahavas Yehonoson on Haftaros [Prophetic Readings] (s.v. Vehaya bayom hahu [and it will be on that day]) comments on the shortcomings of Klal Yisrael during the time of the Beis Hamikdash [Holy Temple]. He states that their primary sin was abandoning Eretz Yisrael and moving to Egypt. The teshuva [repentance] for this in the future is not to forsake their inheritance.
Rav Zimmerman said that Rishonim [the leading Rabbis and Poskim during the 11th to 15th centuries] teach us that after the Churban [Destruction of the Temple] as well, the Jewish people faltered in this area, lacking sufficient tenacity to remain in the land. When challenges arose they departed to Spain, Turkey, Egypt and other nearby lands. This continues to be the main cause of the state of Churban and Galus [Exile] today. (The prophet Yirmiyah [Jeremiah] relates that the Jews went to Egypt after the Churban, against Hashem’s explicit prohibition.)
Therefore, our main teshuva must be to retain our rightful inheritance, especially what was acquired by our own toil, and not give it up.
Why was this sin so severe as to constitute sufficient cause for the prolongation of the Galus?
If one grants a gift to another and the recipient merely discards it, it shows that he doesn’t value it. This surely causes distress to the giver. If I give you $1,000,000 and you throw it out, I certainly would be infuriated. Also, you would be deemed a fool. So while Hashem has granted us portions of Eretz Yisrael, like here in Meitzad, we must appreciate and cherish the opportunity.
We must not give away even a small part of it to the Arabs. Realize the magnificent gift Hashem has bestowed upon us and guard our inheritance.
I must point out that our settlements are not like those of the irreligious Zionists. For us, the Torah is our guiding light. We are building here a place of Torah and spiritual life, and it is this merit which will protect us.
Of course, this is not easy. Particularly in a small yishuv [settlement] like Meitzad, we can feel as though we’re up against great odds. If we think about the survivors of the Holocaust, who lost their entire families, their entire world, and then began their lives again, we should be emboldened. One must gather his remaining strength and rebuild. We know that Hashem is purely good and puts us into challenging situations in order for us to grow and be elevated. Let us heed His call. As Koheles [Ecclesiastes] enjoined, “In the morning sow your seed, and in the evening do not withhold your hand” (11:6). Even in old age, even if infirm, don’t let go or give up.
Rav Zimmerman would note that the Yalkut Shimoni [a collection of midrashic texts] often implores never to give up, even amidst prolonged poverty or distress. The stock exchange also rises and falls, and ultimately profits. The most important thing is not to give up, no matter the situation. Torah study certainly requires this attitude; man needs motivation and willpower to constantly build and accomplish: never give up.
How to build a place of Torah
If you will ask, how is a place of Torah built? The main ingredient is siyatta d’shemaya [Heavenly help]. To merit Heavenly help, two factors must be addressed: The foundation must be based on Torah values, and the youth must be restricted. The Torah is the center of our lives, and the coming generation must be accounted for. You should know an important rule, that children need structure. I do not mean to imprison them or keep them locked in a box, but they cannot be left to run wild. You must find the correct way to implement this.
Additionally, children require love and caring—no matter what their age. This need does not diminish with maturation. We must also value every child. This is a crucial secret. [Years ago, the Diaspora Yeshiva had ceased to grow] because [at a certain point, people had ceased to invest] time and effort to be concerned with the feelings of newcomers, to at least greet them with a “Shalom.” Unfortunately, this is comparable to older children in a family who don’t want more additions since it would take away their parents’ attention and love. Painfully, this [became] the atmosphere in the Yeshiva [for a time].
If we want to continue growing here, we must show love and concern for everyone. We must care about the new families who move here; only through this will the settlement grow. If outsiders see warmth and mutual concern, like when the community was founded and everyone was united together, they will want to join. If everyone works together, the community will grow and thrive. Otherwise, it cannot.
Everyone knows that a child will thrive only through love. A caregiver may ensure that his requirements are met, but without parental love, concern and esteem he will not develop properly. If we want our community to grow, this is what we need.
Construction is based on foundations
Excerpted with permission from Imrei Mordechai, Vol. 2, A Collection of Inspirational Insights from the “Mussar Shmoozes” of HaGaon Rabbi Mordechai Goldstein Ztzvk”l, The Imrei Mordechai Institute, Diaspora Yeshiva Toras Yisrael, Mount Zion, Jerusalem, Kislev 5779.
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