Some people have criticized the Jewish
residents of Yehuda, Shomron, and Aza (Yesha) for recklessly
endangering their lives and the lives of their families. In
this essay, we seek to demonstrate that these people’s
actions are both Halachically sound and heroic. We will also
discuss the implications of this issue for the Halachic propriety of
American Jews visiting Israel during challenging times. Our
discussion is based on an essay written by Rav Dov Lior (Rosh Yeshiva
of the Yeshivat Hesder of Kiryat Arba) and an address by Rav Moshe
Lichtenstein (a Rebbe at Yeshivat Har Etzion) to students at the Torah
Academy of Bergen County.
The Value of Life
We must emphasize that the Torah greatly
values life. The Mishna (Sanhedrin 4:5) in a celebrated
passage teaches that whoever saves a life has saved an entire
world. The Rambam (Hilchot Shabbat 2:3) refers to those who
do not believe that one may perform Melacha (forbidden labor) on
Shabbat in case of danger to life as Apikorsim (heretics). In
fact, the Halacha forbids frivolously risking one’s life,
such as engaging in dangerous recreational activities. For
example, Rav Yechezkel Landau (Teshuvot
Noda Biyehuda Yoreh Deah 2:10)
forbids recreational hunting, Rav Yehuda Amital (in a Shiur delivered
at Yeshivat Har Etzion) forbids taking dangerous hikes, Rav Mordechai
Willig (personal communication) forbids skiing, and Rav Shlomo
Cohen-Duras (Techumin 22:120-126) forbids bungee jumping.
Nevertheless, there are occasions when one is permitted to risk his
life for worthwhile purposes.
Risking One's
Life for the Sake of Earning a Living
The Gemara (Bava Metzia 112a, as
interpreted in the aforementioned responsum of the Noda Biyehuda)
indicates that one may risk his life in the course of earning a
living. The Gemara, in the course of interpreting Devarim
24:15, notes that people risk their lives when working in high areas
such as trees, in the course of earning a livelihood. The
Gemara does not criticize this practice and seems to accept it as
Halachically acceptable. The Noda Biyehuda concludes that the
Halacha permits endangering oneself in the course of earning a
livelihood.
An explanation for this Halacha might be based on an idea of Rav Yosef
Dov Soloveitchik. The Torah in Sefer Bereishit records that
Hashem gave mankind the mandate to develop the world (Bereishit 1:28 as
explained by the Ramban). The word used by the Torah to
describe the development of the world is
“Vikivshuha,” that you must “Conquer
it.” The Rav notes that the choice of the word
“conquering” in reference to the development of the
world indicates an aspect of this process. Unfortunately,
during wartime, conquering inevitably involves sacrifice.
Similarly, the process of developing the world necessarily involves
risks, and regrettably, inevitable sacrifices. Thus, it is
understandable why the Torah sanctions the taking of risks for the sake
of earning a livelihood and developing the world.
Risking One's
Life for Israel
The question, though, is whether one
must risk his life in order to live in Eretz Yisrael. Tosafot
(Ketubot 110b s.v. Hoo) cite Rabbeinu Chaim Cohen who argues
that one is not obligated to risk his life in order to live in Eretz
Yisrael. Tosafot present Rabbeinu Chaim Cohen’s
ruling in their comments to the Mishna in Ketubot that states that a
spouse may force his or her mate to move to Eretz Yisrael.
Tosafot state that this Mishna does not apply in their time since it
was dangerous then to move to Eretz Yisrael. The Shulchan
Aruch (Even Haezer 75:5) presents the words of Tosafot as
normative. See, however, Pitchei Teshuva 75:6 who records
dissenting opinions, most prominently the Teshuvot Maharit (58) who
asserts that the Tosafot in Ketubot represents a scribal error and is
not authoritative.
We must emphasize three important points in this context.
First, Tosafot do not forbid moving to Israel in time of danger; they
only state that one cannot coerce his spouse to move to Israel in very
dangerous times. Indeed, Jews (including the Ramban) moved to
Eretz Yisrael during the time of the Baalei Tosafot’s despite
the danger, and helped maintain a continuous presence of Jews in Eretz
Yisrael even after the destruction of the second Bait
Hamikdash. Our hold on parts of Eretz Yisrael today is to a
great extent due to the heroic efforts of Jews throughout the ages to
live in Eretz Yisrael despite the dangers and difficulties.
Second, the Ramban (commentary to Shabbat 130b) rule and almost all
other Rishonim that one may not ask a non-Jew to perform Melacha on
Shabbat, even in order to facilitate the fulfillment of a Torah level
obligation. The Ramban notes that we cannot extrapolate from
the Gemara (Gittin 8b) that permits asking a non-Jew to do work on
Shabbat in order to secure the purchase of land in Eretz Yisrael from a
non-Jew. The Ramban explains that the Mitzvah of Yishuv Eretz
Yisrael differs from all other Mitzvot because it serves the entire
Jewish community by ensuring that our holy land does not remain
desolate (i.e., under non-Jewish control).
Third, Pitchei Teshuva (ad.
locum.) cites the Teshuvat
Mabit (2:116) that travel to
Eretz Yisrael is not considered dangerous if people regularly travel to
Israel for business purposes. Travel at any time involves
some risk and therefore there was a need for the Mabit to establish a
standard for tolerable risk. The risk level that is tolerable
for business purposes is certainly tolerable for the sake of fulfilling
a Mitzvah. Accordingly, living in Yesha is permissible as
business people regularly travel there for business purposes.
Interestingly, Poskim use this criterion for other areas of Halacha as
well. Rav Lichtenstein was asked if one might interrupt his
Torah study and leaves the Bait Midrash in order to attend a
rally. He responded that if one would leave work to attend
the rally, then one might leave the Bait Midrash to attend the
rally. Rav Yitzchak Cohen of Yeshiva University told me that
he thought that it is appropriate to cancel Yeshiva because of
inclement weather if employers would give their employees the day off
under such circumstances. This approach seems to be rooted in
the approach of Shammai (Berachot 53b) to one who has forgotten to
recite Birchat Hamazon. He argues that since one must return
to the place where he ate to recite Birchat Hamazon, even if he has
traveled a considerable distance. He argues that since, if
one forgot a fortune of money, he would return a great distance, so too
one should return a great distance to recite Birchat Hamazon.
We should treat the Torah with no less seriousness than we treat our
money. In addition, the Gemara writes in a number of places
(Shabbat 129b, Yevamot 12b, and Nidda 31b) that when an activity is
regarded by a society as an acceptable risk, then one is permitted to
engage in such an activity despite the risk. Rav Aharon
Soloveitchik stated (in a Shiur at Yeshiva University in 1986) that
airplane travel is an example of such an activity.
Risking
One's Life to Save Another From Certain Death
We have justified those who live in
areas of Yesha where merchants commonly visit for business
purposes. What about those who live in more remote and/or
dangerous areas where most merchants do not venture due to safety
concerns? This issue might hinge upon an important Halachic
debate, that is, whether one is permitted to risk his life in order to
save another from certain death. The Bait Yosef (Choshen
Mishpat 426) cites the Jerusalem Talmud that appears to teach that one
must risk his life in order to save another from certain
death. Nonetheless, the Sma (426:2) notes that the Shulchan
Aruch does not cite this passage from the Jerusalem Talmud.
The Sma explains that the fact that most Rishonim (including the
Rambam, Rif, Rosh, and the Tur) do not cite this passage demonstrates
that it does not constitute normative Halacha. The Pitchei
Teshuva (C.M. 426:2) cites the Agudat
Eizov who explains that the
omission of this Jerusalem Talmud passage by the major Rishonim and the
Shulchan Aruch is because the Babylonian Talmud (which is more
authoritative than the Jerusalem Talmud) rejects this assertion of the
Jerusalem Talmud. We should note that subsequent Acharonim
seek to discover which specific passages in the Talmud Bavli (such as
Nidda 61a, Sanhedrin 38a, and Bava Metzia 62a) indicate a rejection of
the assertion of the Jerusalem Talmud. For a summary of this
literature, see Teshuvot Tzitz Eliezer (9:45).
Accordingly, normative Halacha does not require one to risk his life to
save another. It is not clear, however, if one is permitted
to risk his life on behalf of another. There appears to be a
contradiction in a celebrated responsum of the Radbaz (Teshuvot Radbaz
627) regarding risking one’s life in order to save another
from certain death. The Radbaz rules that one is not required
to assume such a risk. However, regarding whether it is
permissible to assume such risk, on one hand, he refers to one who does
so as a “Chassid Shote,” a pious fool. On
the other hand, the Radbaz writes that it is Midat Chassidut (a pious
and meritorious act) to risk one’s life in order to save
another from certain death. Rav Eliezer Waldenburg (Teshuvot
Tzitz Eliezer 9:45:11) and Rav Ovadia Yosef (cited in Nishmat Avraham
1:121) explain that the pious fool is one who assumes an
extraordinarily great risk in order to save another.
One’s actions are deemed praiseworthy, as Midat Chassidut
when the risk that one assumes is not extraordinary.
Rav Lior asserts (and many, and perhaps a majority, of Jewish Israelis
agree) that the Jewish presence in Yesha serves as a wall of protection
against Arab terror. Many wonder if the State of Israel would
survive if not for the historic and brave stand of the Jewish residents
of Yesha in the face of incredible pressure. Accordingly, the
Jews in Yesha are risking their lives in order to save the lives of
millions of Jews who reside within the pre-1967 borders. Rav
Lior argues that these Jews are not assuming an extraordinary risk that
would be defined as “Chassidut Shel Shtut” (foolish
piety).
Moreover, Rav Lior cites Teshuvot Tzitz Eliezer 13:100 who rules that
one may assume an extraordinary risk in order to ave others in time of
war. Rav Waldenburg proves his point by citing the Gemara
(Shavuot 35b) that condones a Jewish king risking the lives of up to a
sixth of the entire population in order to save the nation.
We see that in war we focus on the needs of the community over the
needs of an individual. Similarly, in times of war, he
argues, one is permitted to assume a very great risk to save
another. Thus, Rav Waldenburg permits an army medic to enter
an area that is under enemy fire in an attempt to save the life of a
wounded soldier lying in the field unshielded from the enemy
fire. Rav Lior, in turn, asserts that it is permissible and
meritorious to live in very dangerous areas of Yesha as we are
essentially at war with Palestinian terror groups.
American Jewish
Tourists
Many ask if it is permissible to assume
risk and visit Israel in difficult times. We are familiar
with the great economic and psychological need Israelis have for
American Jews to visit Israel. The practice of so many
Rabbanim and Orthodox organizations encouraging trips to Israel is most
certainly halachically sound and meritorious. First, the risk
involved in visiting Israel is relatively minimal as many merchants
routinely visit Israel even during times of Arab violence.
Second, Rav Moshe Lichtenstein notes that the Arabs are waging a war
whose focus is to defeat Israel by disrupting Israeli life.
He argues that the essential battle in Israel is to continue to live a
“normal” life despite the Arab violence.
Thus, even driving to work on a daily basis is part of this
struggle. Rav Moshe argues that American Jews must take their
part in the battle for Israel’s continued existence not only
by political lobbying and battling media bias against Israel, but also
by visiting Israel to the same extent as they would if the Arabs were
not engaged in violence. Accordingly, one is permitted to
assume even a very great risk in this unconventional war that is being
fought on the roads, schools, workplaces, and homes of Israel.
Conclusion
Rav Lior concludes by citing the Rambam
(Hilchot Melachim 7:15) that one who is in battle is forbidden to be
afraid. Rav Lior notes that the emotion of fear is sinful and
that we are obligated to overcome this emotion. He notes that
one who has faith in Hashem can overcome fear. This is
reminiscent of the story Rav Yosef Dov Soloveitchik relates (as cited
in Al Hateshuva)
that a psychologist once asked him why we pray on the Yamim Noraim
(High Holidays) “Uvichein Tein Pachdecha Al Kol
Maasecha,” that Hashem should place His fear on all
beings. The psychologist noted that anxiety is the root of
psychological illness, so why do we ask for fear and anxiety?
The Rav responded that the fear of Hashem eliminates all other fear.
Accordingly, the Jews of Yesha appear to be fulfilling a heroic and
historic role in insuring the viability of Medinat Yisrael, which
represents the future of the Jewish People. Their heroic
stand will most likely be greatly admired by future generations its the
courage and determination. Similarly, those Jews who reside
in Chutz Laaretz will most likely be judged by future generations as
well to see if they displayed courage and determination and continued
to visit Israel in its time of need.
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