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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