Leaving Eretz Yisrael for a Trip
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Living The Halachic Process
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part 6
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Rabbi Daniel Mann
May one leave Israel for a short trip – for example, to enjoy HaShem’s creations that can be seen abroad?
The issue of leaving Eretz Yisrael has been discussed in many contemporary works written since we have been blessed with the ability to live in our own state in Eretz Yisrael. In the present response, we will not address the possible impact of the differences between the borders of Biblical/historical Eretz Yisrael and of the State of Israel, which are quite similar, although the matter is worthy of discussion. We will present here an introduction to the discussion, classical sources, and halachic indications.
There are three possible halachic problems with leaving Eretz Yisrael, which themselves can be explained in different ways: 1) uprooting oneself from fulfillment of the mitzva to live in Eretz Yisrael[1]; 2) violating an (apparently) lower-level prohibition of leaving[2]; 3) for a kohen, the imperative to avoid being contaminated by the Rabbinic-level impurity of chutz la’aretz.
There are a number of Talmudic sources that discuss this issue. The gemara in Ketubot[3] states that it is forbidden to “leave Eretz Yisrael for [even] Bavel” and also tells of Rabbi Chanina directing someone not to leave to perform the mitzva of yibbum. However, these sources are likely referring to leaving permanently or for an extended period of time,[4] whereas a short trip is far less of a problem. Not only is the possible problem of such an absence more short-term, but it is also likely that one does not uproot the mitzva of living in Eretz Yisrael even during the time he is abroad; where one lives is not determined by where he is at a given moment.
Another gemara[5] tells of how Rabbi Yochanan was reluctant to let Rav Assi leave Eretz Yisrael in order to greet his approaching mother. He eventually agreed, stressing that Rav Assi should return thereafter. It is possible, however, that the issue there was that Rav Assi was a kohen.[6]
The gemara in Avoda Zara,[7] which explicitly addresses a kohen, states that he may not leave Eretz Yisrael without special justification. The examples given are to learn Torah in a qualitatively better way than in Eretz Yisrael, to get married, and to adjudicate with a non-Jew. Tosafot[8] states that only these mitzvot are important enough to justify leaving (whereas the She’iltot[9] maintains that all mitzvot are). Even so, Tosafot emphasizes the permission was only to leave temporarily.
A final gemara[10] we will cite is about permission to shave on Chol Hamo’ed after returning from a trip to chutz la’aretz.[11] Shaving is not permitted if the trip was improper. The guidelines in this regard are that it is permitted to travel abroad for livelihood and forbidden to go “lashut,” which we will translate as going for the sake of travel. There is a machloket regarding a case in which the purpose of the trip was to make money that one did not need, and we rule leniently.[12] Apparently, a temporary trip (how long is unclear) can be inappropriate, but it is not very difficult to justify one.
The most prominent post-Talmudic source is the Rambam,[13] who seems to take guidelines from several gemarot. He writes that it is permitted to leave Eretz Yisrael to marry, to learn Torah, and to adjudicate, but one must return. He then adds that one may also go temporarily to engage in commerce.
The consensus among poskim of the contemporary era,[14] with slight variations, is that it is permissible to travel abroad for any significant reason (that is no less important than commerce). What this entails seems subjective and may depend on a posek’s philosophy. The Magen Avraham[15] mentions seeing a friend; presumably, taking part in a friend’s significant simcha is at least as important. The Shevet HaLevi[16] says there is room to be lenient in order to see the wonders of HaShem’s work in nature, especially if one approaches that properly. Rav Lichtenstein[17] is of the opinion that cultural enrichment is no less important than business opportunities. In BeMareh HaBazak,[18] after emphasizing the feeling one should have for being in Israel, we gave as examples of legitimate reasons educational trips and family vacations that do not have a viable alternative in Israel.
While there are too many sources and scenarios to analyze exhaustively, we hope our survey is useful.
[1]
See Ramban on Rambam’s Sefer HaMitzvot, Omitted Positive Mitzvot 4.
[2]
In some sources, it is not clear which issue is under discussion.
[3]
111a.
[4]
See Tosafot, Avoda Zara 13a.
[5]
Kiddushin 31b.
[6]
See Mishpat Kohen 147.
[7]
13a.
[8]
Ad loc.
[9]
Cited by Tosafot ibid.
[10]
Mo’ed Katan 14a.
[11]
See Shulchan Aruch, Orach Chayim 531:4.
[12]
Ibid.
[13]
Melachim 5:9.
[14]
Rav Yisraeli, Eretz Hemdah I:10; Yechaveh Da’at V:57; Shevet HaLevi 5:173.
[15]
531:7.
[16]
Op. cit.
[17]
Cited on the Yeshivat Har Etzion website.
[18]
IV:140, based on Rav Yisraeli’s view.