Aliyah: Ask Your Rabbi If It’s Right for You

Where is the Religious Aliyah from the West?

from “To Dwell in the Palace – Perspectives on Eretz Yisrael”

DRIVING HOME THROUGH the largely-uninhabited hills of Judea, or walking down the streets of an Israeli city still lacking the imprint of Torah, I hear the question echoing: “Where is the religious aliya from the Torah communities of the West?”

The question is not of recent vintage, nor was it posed by a representative of the Aliya Department of the Jewish Agency. It was Rav Yosef Chaim Sonnenfeld who addressed these words, some sixty years ago, to Rav Yitzchok Breuer. The rav of Yerushalayim further told the Agudah leader, “Now I understand the words of musaf for yom tov: `Because of our sins were we exiled from our country’ – by HaShem; `and we were distanced from our Land’ – this we have done voluntarily.” (Moriah, p. 191)

Another quote from Rav Sonnenfeld is perhaps even more pointed: “Many times have I directed that the religious Jews in the diaspora be instructed that anyone who has the ability to come to Eretz Yisroel and doesn’t, will have to account for his failure in the future world.” (Ha’ish Al Hachoma, vol. II, p. 149)

A generation or so later, a yeshiva student from the diaspora who had been learning in an Israeli yeshiva came to bid farewell to the Chazon Ish before returning to his home. “Is one permitted to leave Eretz Yisroel?” the gadol asked him. The student stammered and replied, “I understood that if one came to Eretz Yisroel with the intention of returning eventually, he is permitted to leave.” The Chazon Ish spoke in a tone of disappointment: “We are trying to devise methods to get bnei Torah to settle here and you are involved in finding ways to be able to leave?!” (Peer Hador, vol. II, p. 42)

Baruch HaShem, Torah is flourishing in Eretz Yisroel to an extent scarcely even dreamed of by these great sages. But their questions still loom. Indeed, the extent to which the Torah community, otherwise scrupulously careful with mitzvos, is “involved in finding ways” out of the mitzva of yishuv Eretz Yisroel needs to be examined.

Factors Cited

The economic situation in Israel is often mentioned. Indeed, the Pischei Teshuva (Even Haezer 75, no. 6) rules that since living under conditions of economic privation can endanger, or at least compromise, one’s spiritual life, one is exempt from settling in Israel if he will be forced to live under conditions of dachkus (hardship). Now what constitutes the “dachkus” to which the Pischei Teshuva refers? The inability to afford $25 per pound gourmet chocolates? Not being able to acquire an elegant, very large wardrobe of `from” designer clothing? Is the definition of dachkus being too destitute to afford a $500,000 home that one would not think of inhabiting until it was gutted and elegantly redone? Or is dachkus a dearth of elegant glatt restaurants of various nationalities, pizza shops with all the trimmings, and frozen glatt kosher convenience foods and snacks?

Not to belabor the point, in essence the ruling of the Pischei Teshuva refers specifically to one who will be forced to live from tzedaka in Israel as opposed to being able to earn a living in chutz laAretz. By comparing employment possibilities in Eretz Yisroel today with those available either in the time of Rav Sonnenfeld or that of the Chazon Ish, we are soon forced to eliminate the exemption of the Pischei Teshuva for most cases. B’ezras HaShem one can earn a livelihood in Israel that would have been considered luxurious by most of prewar European Jewry. Even more significant, however, is this point: the more modest lifestyle typical in Israel today not only does no harm to one’s spiritual life, but it is likely to do much good.

The Torah sages of all generations warned against extravagant lifestyles, flaunting our wealth in the eyes of the nations, and becoming too comfortable in golus. The Maharsha (Shabbos 119) makes the following observation: “Most of the sins of this generation… can be attributed to the fact that… everyone wishes to conduct himself in an extravagant fashion in regard to clothing, houses, and all other matters; and this leads to theft.”

More recently, the Chafetz Chaim, in the Biur Halachic (siman 529), rebukes openly: “Many people err in this area and do not take to heart how to conduct themselves properly concerning their household expenses, to distance themselves from luxuries. Many have been damaged by this kind of conduct which ultimately brings one to theft and dishonesty and to shame and disgrace….” In Sfas Tamim (chapter V) the Chafetz Chaim blames the suffering, trials and tribulations of his times on the dishonesty promoted by overspending on luxuries, especially costly clothing; by overextending oneself through buying on credit; and by lavish weddings with unreasonable demands made on parents for dowries.

Another facet of the economic argument, one cited as a reason to delay aliya indefinitely, is financial “security.” (“How can we face the future without a sizable sum put safely away?”) The gemara (Sota 48) says: “One who has bread in his basket and worries what he will eat tomorrow is one of little faith.” The Kotzker Rebbe explains that the “little faith” is not evidenced by the uncertainty of tomorrow, but rather by this man’s certainty of today. By worrying only about to morrow, he shows that he puts his trust in the presence of bread in his basket, and not in HaShem. A believing Jew, by definition, does not hang his security on large bank accounts; he certainly would not compromise his Torah life in their pursuit.

All this considered, there do remain legitimate economic factors to weigh when planning aliya. The laws of tzedaka demand that we provide for one who falls on hard times not merely at subsistence level, but at the standard to which he was accustomed. This is because a drastic change in lifestyle can be very painful. In light of this insight gleaned from the halacha itself, an individual may and should consider very carefully his family’s present standard of living, the prospects for their situation in Eretz Yisroel, and the ability of the family to modify or adapt accordingly. Of course, a Jew who has been properly educated to the importance of aliya, and one who takes the admonition of the Chafetz Chaim cited above seriously, will be cautious from the start lest his family grow accustomed to exaggerated standards.

The second factor that could qualify as a reason for postponing aliya under the guidelines of the Pischei Teshuva concerns the individual’s predilection for a specific occupation. Chazal tell us that it is part of a man’s nature to find satisfaction in doing that for which he is best suited. We all know that there are many people who retrain in the middle of one career for an entirely new one, for any number of reasons. Nevertheless, one who finds satisfaction in his occupation should plan to pursue the same one in Eretz Yisroel. Where this would be impossible, one should weigh the available options for suitability and for the prospects of success and satisfaction inherent in each one. Failure to deliberate this issue could result in a potentially frustrating or unsuccessful aliya. Here too, however, if one teaches oneself to strive always towards aliya, then, at every crossroads in his training, he will have Eretz Yisroel in mind. Such a person will consider possible occupations in light of their transferability to Eretz Yisroel from the beginning.

And then there’s the matter of physical security. After all, the halacha does not permit us to put ourselves in danger.

Visiting New York, I have been asked: “Aren’t you afraid to live in the Shomron?” I find it amusing if not ironic when the question is asked while the host secures both his locks and activates his alarm system.

In the years I’ve lived on Moshav Mattityahu, there have been no incidents, no crime. My children can go out to play at any hour, and we do not bother to lock our doors even at night. How safe are the streets of any city in America that it should be recommended as a place of safety while Israel is rejected as dangerous?

On the streets of Eretz Yisroel, the only men carrying guns are the soldiers protecting us. At least here in Eretz Yisroel the security measures taken have an excellent record of effectiveness. And added to those security measures (which the halacha requires of us) the observable fact is that in Eretz Yisroel we merit an extra, supernatural, measure directly from the Ribbono shel olam. No, the safety factor does not really seem to be an issue.

Some claim to fear the problems that they would encounter trying to live a life of Torah under a secular Israeli government. Isn’t the negative attitude to Torah values and Torah observers exhibited by certain segments of Israeli society a significant detriment, they ask.

One wonders, however, if non-Jewish Western society, or for that matter the secular Jewish community elsewhere, is really a better environment for Torah ideals. Is the attitude there towards Torah values less hostile? Does kindly tolerance of observant Jews demonstrated by secularized brethren create a better atmosphere for growth?

Before the reader rushes to answer these complex questions, the following should be considered: When the Israeli government passed the law of conscription for women, an individual approached the Chazon Ish with a challenge: “Does the Rav still feel that Jews are obligated to come and settle here [i.e.., when there is a government that drafts laws such as this, subjecting our daughters to military service, which the gedolim forbid (they have even ruled that one must surrender her life if that is the only alternative to compliance)]?” After a brief, pained silence, the Chazon Ish answered in the affirmative with forceful resolve and clarity. (Peer Hador, vol. II, p. 43)

Today, although conscription of women has yet to be annulled completely, any woman claiming to be religious is exempt. It would therefore appear, by kal vachomer from the psak of the Chazon Ish, that the objection posed above does not affect our obligation.

Those in positions of communal responsibility cite additional grounds for remaining in chutz laAretz. Clearly, consideration must be given to the effect their aliya will have on those for whom they bear responsibility. There are indeed many community rabbanim, roshei yeshiva, klei kodesh, and community heads who are crucial to the growth and stability of their respective institutions both spiritually and physically. It would, however, be absurd and somewhat haughty for every rabbi or communal leader to assume that the fate of his community rests on his shoulders alone.

In many cases the aliya of the leader would be an incentive and inspiration for those he leads to follow, for the benefit of all concerned. And there are leaders who would be even more effective and successful in Eretz Yisroel.

Rav Sonnenfeld directed his impoverished grandson to decline the offer of a prestigious rabbinical position in chutz laAretz and to remain in Eretz Yisroel. “I maintain that it is better to be a plain working man in Israel than a rabbi in chutz laAretz,” Rav Sonnenfeld told him. (This is not to be taken as a blanket principle for all cases. The comment is important, however, in that it challenges our preconception that the reverse is the rule.)

It must be emphasized that each situation is unique. When doubts exist, the advice of a Torah authority should be sought. I myself know of a number of cases where important rabbis and leaders were advised by a posek to go ahead and make aliya.

Another factor that sometimes discourages prospective olim is reports of problems encountered in chinuch of children, particularly those of high school age. This may seem surprising, since there is an abundance of excellent institutions of learning to be found in Eretz Yisroel on all levels. Nevertheless, the inadequacy of Hebrew language skills acquired in many US. yeshivos, coupled with cultural differences which are due to the infusion of foreign values, can create difficulties for the young oleh. Discrepancies of style between available options here and those one was accustomed to in the United States can cause considerable pain for children and parents alike. With proper planning and guidance, however, many of these problems can be reduced or avoided entirely. Furthermore, additional aliya from the US. will, inevitably, lead to the establishment of more schools tailored to these olim. (Indeed, recent years have witnessed the development of “American-style” yeshivishe education in Israel with a unique flavor all its own.)

There is also a great deal of discussion of halachic factors excusing today’s Jew from this mitzva. There are, after all, opinions that it is only a mitzva kiyumis (voluntary mitzva). This was the opinion of the late gaon Rav Moshe Feinstein, zt”l, and some others. Well, tzitzis is also “only” a mitzva kiyumis. It might be worth contemplating the way we regard one who neglects the mitzva of tzitzis, or even one who does not wear an arba kanfos that conforms to the strictest shiur with tzitzis the most mehudarim. In a time of Divine anger, one is held accountable for a mitzva kiyumis as well.

And there are some who maintain that the mitzva is not binding at all today. This was the opinion of the late Satmar Rebbe zt”l and some others. Even if we ascribe great weight to this minority opinion, however, we must ask ourselves how we conduct ourselves regarding other mitzvos that are binding only according to “some” opinions. Do we not go to great lengths to be yotsai all the shitos? In the case of yishuv Eretz Yisroel, the preponderance of opinion in favor of the binding nature of the commandment includes the Pischei Teshuva, the Avnei Nezer, the Chafetz Chaim, the Gerrer Rebbe, the Chazon Ish….

The purpose of this article is not to enter into a halachic debate, nor to be so presumptuous as to rush in where giants have trodden before me. Yes, there are reliable halachic opinions which would mitigate the obligatory nature of yishuv Eretz Yisroel in our times; but the list of opinions in support of the imperative of fulfilling this mitzva today – only fractionally mentioned in the above paragraph – is a formidable one.

There is one point on which all Torah authorities are in agreement. That is that living in Eretz Yisroel affords one a unique opportunity for spiritual development and growth. While it is true that this opportunity must be considered in conjunction with many other factors that affect the spirit, one cannot simply ignore or disregard the special qualities of Eretz Yisroel and of the mitzva of yishuv haAretz.

Strangely, consideration of settling in Eretz Yisroel is overlooked by many in the Torah community. This most certainly is not the Torah view. The move to Eretz Yisroel must at least be considered, discussed, and investigated. As a musmach of the Telshe Yeshiva in Cleveland, who learned in kollel there for many years, then went on to serve the community I grew up in as rav of the North Miami Beach kehilla for nine years, and then, with the advice and encouragement of gedolim, was oleh to Eretz Yisroel several years ago, assuming the position of rav of Moshav Mattityahu – I feel that my experience may be instructive to the Torah world. I believe I can provide some insights gained on both sides of the ocean which will clarify the case for settling in Eretz Yisroel, and bring the topic to the forefront for personal deliberation. Perhaps others like me, neither exceptionally brave nor wealthy, may benefit from my perspective.

If living in Eretz Yisroel is viewed as “just a mitzva” (as I once heard someone say with a shrug), then all the considerations discussed above could be deterrents. But this is a mitzva which is “equal to all the rest,” it is fulfilled every moment with every part of one’s body, and it carries with it a host of other mitzvos which one can fulfill only by residing in Eretz Yisroel. Clearly, there is something more encompassing at issue than any single mitzva. Let us therefore suspend our analysis of practical questions while we address the larger picture. What is this particular Land, and living in it, all about?

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From RabbiLeff.net, here.

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00:12 (22/06/17) מכון בריתי יצחק ● הרב יצחק ברנד

המשך לקרוא

מאתר בריתי יצחק – הרב יצחק ברנד, כאן.

 

Where Does the Torah Say You Can’t Drink and Drive?!

Legalize Drunk Driving

by Llewellyn H. Rockwell, Jr.

[Note: This column was written before the news came out last night that George W. Bush was arrested on a DUI charge 24 years ago. He was stopped in Maine for driving too slowly and briefly veering onto the shoulder of the road.]

Clinton has signed a bill passed by Congress that orders the states to adopt new, more onerous drunk-driving standards or face a loss of highway funds. That’s right: the old highway extortion trick. Sure enough, states are already working to pass new, tighter laws against Driving Under the Influence, responding as expected to the feds’ ransom note.

Now the feds declare that a blood-alcohol level of 0.08 percent and above is criminal and must be severely punished. The National Restaurant Association is exactly right that this is absurdly low. The overwhelming majority of accidents related to drunk driving involve repeat offenders with blood-alcohol levels twice that high. If a standard of 0.1 doesn’t deter them, then a lower one won’t either.

But there’s a more fundamental point. What precisely is being criminalized? Not bad driving. Not destruction of property. Not the taking of human life or reckless endangerment. The crime is having the wrong substance in your blood. Yet it is possible, in fact, to have this substance in your blood, even while driving, and not commit anything like what has been traditionally called a crime.

What have we done by permitting government to criminalize the content of our blood instead of actions themselves? We have given it power to make the application of the law arbitrary, capricious, and contingent on the judgment of cops and cop technicians. Indeed, without the government’s “Breathalyzer,” there is no way to tell for sure if we are breaking the law.

Sure, we can do informal calculations in our head, based on our weight and the amount of alcohol we have had over some period of time. But at best these will be estimates. We have to wait for the government to administer a test to tell us whether or not we are criminals. That’s not the way law is supposed to work. Indeed, this is a form of tyranny.

Now, the immediate response goes this way: drunk driving has to be illegal because the probability of causing an accident rises dramatically when you drink. The answer is just as simple: government in a free society should not deal in probabilities. The law should deal in actions and actions alone, and only insofar as they damage person or property. Probabilities are something for insurance companies to assess on a competitive and voluntary basis.

This is why the campaign against “racial profiling” has intuitive plausibility to many people: surely a person shouldn’t be hounded solely because some demographic groups have higher crime rates than others. Government should be preventing and punishing crimes themselves, not probabilities and propensities. Neither, then, should we have driver profiling, which assumes that just because a person has quaffed a few he is automatically a danger.

In fact, driver profiling is worse than racial profiling, because the latter only implies that the police are more watchful, not that they criminalize race itself. Despite the propaganda, what’s being criminalized in the case of drunk driving is not the probability that a person driving will get into an accident but the fact of the blood-alcohol content itself. A drunk driver is humiliated and destroyed even when he hasn’t done any harm.

Of course, enforcement is a serious problem. A sizeable number of people leaving a bar or a restaurant would probably qualify as DUI. But there is no way for the police to know unless they are tipped off by a swerving car or reckless driving in general. But the question becomes: why not ticket the swerving or recklessness and leave the alcohol out of it? Why indeed.

To underscore the fact that it is some level of drinking that is being criminalized, government sets up these outrageous, civil-liberties-violating barricades that stop people to check their blood — even when they have done nothing at all. This is a gross attack on liberty that implies that the government has and should have total control over us, extending even to the testing of intimate biological facts. But somehow we put up with it because we have conceded the first assumption that government ought to punish us for the content of our blood and not just our actions.

There are many factors that cause a person to drive poorly. You may have sore muscles after a weight-lifting session and have slow reactions. You could be sleepy. You could be in a bad mood, or angry after a fight with your spouse. Should the government be allowed to administer anger tests, tiredness tests, or soreness tests? That is the very next step, and don’t be surprised when Congress starts to examine this question.

Already, there’s a move on to prohibit cell phone use while driving. Such an absurdity follows from the idea that government should make judgments about what we are allegedly likely to do.

What’s more, some people drive more safely after a few drinks, precisely because they know their reaction time has been slowed and they must pay more attention to safety. We all know drunks who have an amazing ability to drive perfectly after being liquored up. They should be liberated from the force of the law, and only punished if they actually do something wrong.

We need to put a stop to this whole trend now. Drunk driving should be legalized. And please don’t write me to say: “I am offended by your insensitivity because my mother was killed by a drunk driver.” Any person responsible for killing someone else is guilty of manslaughter or murder and should be punished accordingly. But it is perverse to punish a murderer not because of his crime but because of some biological consideration, e.g. he has red hair.

Bank robbers may tend to wear masks, but the crime they commit has nothing to do with the mask. In the same way, drunk drivers cause accidents but so do sober drivers, and many drunk drivers cause no accidents at all. The law should focus on violations of person and property, not scientific oddities like blood content.

There’s a final point against Clinton’s drunk-driving bill. It is a violation of states rights. Not only is there is no warrant in the Constitution for the federal government to legislate blood-alcohol content — the 10th amendment should prevent it from doing so. The question of drunk driving should first be returned to the states, and then each state should liberate drunk drivers from the force of the law.

November 3, 2000

From Lew Rockwell, here.