Tuesday, 5 September 2017

JVO: Israel

Jewish Values Online (jewishvaluesonline.org) is a website that asks the Jewish view on a variety of issues, some specifically Jewish and some from the world around us -- and then presents answers from each of the dominations of Judaism. Nishmablog's Blogmaster Rabbi Wolpoe and Nishma's Founding Director, Rabbi Hecht, both serve as Orthodox members of their Panel of Scholars.

This post continues this series on the Nishmablog that features responses on JVO by one of our two Nishma Scholars who are on this panel. This week's presentation is to one of the questions to which Rabbi Hecht responded. 

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Question: If someone has a good job in America and making Aliya means that he will earn significantly less money, what should be done in view of the obligation to live in the land (haaretz). So too, what should be done if a spouse does not want to make Aliyah and objects? 

While there is clearly a value in living in the land of Israel, the issue of whether there is an obligation to do so is actually a most complex one. The divergence of opinion ranges from whether there is ever any such obligation to live in the land or whether it is solely a meritorious good deed, for which one is rewarded, but still not obligated. Historical setting would also seem to be a factor in this regard with opinions arguing that it is obligatory in certain historical situations, such as when the Temples were existent, but not in other circumstances, such as when the nation is in a diaspora. (There are even some minority views which do not recognize any value in living in Israel in such circumstances but they are truly limited.)
A similar factor within this discussion is whether an obligation to live in Israel may solely apply to one already dwelling in the land. The halachic manifestation of such a view would thus be that one who is already living in Israel would not, except under certain specific circumstances, be allowed to leave Israel to dwell elsewhere (or, according to some, even to leave temporarily) but that one who is not living in Israel has no obligation to move there. The bottom line is, though, that, in terms of your question, how one should decide between a good job in America and an obligation to live in Israel is a non-starter; according to most views, there is no such obligation. The question should thus be: how does one balance the value of living in Israel with a reality that this will negatively impact on one’s financial standard of living?
This question is actually a subset of the broader question: how does one assess the observance of any Torah value which has a negative impact on one’s standard of living? In regard to obligations, the answer is much more straightforward; one, for example, cannot take a job that includes the violation of Shabbat even if it has higher wages. In general, though, how is one to balance such concerns when the observance of the Torah value is not as obligatory. For example, should one spend less hours at work – and thus earn less – in order to spend more time learning Torah? The answer, ultimately, is very personal and must take into consideration the effect upon others, such as family, and the effect on the overall nature of the person. Standard of living affects one’s psychological and physical well-being and, in this regard, is very personal. What is a luxury for one person is a necessity for another and, as such, it is important that one knows his/her individual needs as they are factors in decisions of this nature that must consider a person’s well-being. Of course, the observance of the Torah value itself – in this case, living in Israel -- must also be a factor in this balancing consideration. As such, in answer to the question of how one should balance the value of living in Israel with a higher paying job in America, it is a personal decision. One must consider the negative consequences of the lower standard of living on one’s family and oneself – including psychological impact – with the personal effect born of the value of living in Israel, and then make the decision that is wisest for the self in all regards. This is not a justification of luxury – and we hope that a consideration of Torah values would inherently challenge overt hedonism – but a consideration of our honest personal needs as a person. One must also consider how this may impact other Torah values such as Torah study or caring for parents.
Similar concerns as noted above also apply in the case of a spouse not willing to move to Israel. While the gemara in T.B. Ketubot 110a seems to simply state that a spouse can force another spouse to make Aliyah, it is obvious that the gemara does not mean that one can physically force another in this regard. The context is the marital relationship and what we are discussing here are the issues that must be considered when there is a disagreement between husband and wife in this regard. It again is personal and demands that a decision should emerge from the functioning state and desired status of the relationship.
What the gemara is thus informing us is that the value of living in Israel should simply be given great weight in such a discussion. The message is that two people, wishing to be together and facing such an issue should lean towards moving to Israel (although other value issues must also be considered) The question then ensues, though, regarding what should happen if one is willing to give up the relationship rather than move to Israel. The spouse wishing to live in Israel can, of course, still decide to not go in order to maintain the relationship and there is no problem with that. The bottom line is that it is personal. If, however, the spouse wishing to live in Israel still wants to go, in facilitating this desire, he/she may be granted greater rights in the divorce proceedings.
The bottom line is that in all these matters we must be sharply aware of the full spectrum of values lit by said situation and decide accordingly within the framework of Torah.

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