On Signing away lands which belong to the Jewish People!

 Recently I received a letter from a Jew in NY. A well-meaning Jew immersed in his studies. He toiled and gathered together statements of our Sages, foolishly trying to bring proof that since these territories were conquered and an agreement signed by Jews who must never lie, he came to the conclusion it is forbidden to retract!

What do you mean, they signed a contract? The property they signed for did not belong to them! This property is the inheritance of the entire Nation of the Jewish People. Even someone possessing all qualities and good intentions has no power of attorney or permission to sell property belonging to someone else, even of a single individual, certainly not of a great number of people. How much more so, property under the ownership of men of this generation and of all past generations beginning with the Divine Promise of the Covenant whereby G-d said to Abraham our forefather “To you I have already given [this Land]”, as brought down in many Rabbinic commentators; that already from that time there was actual physical ownership! 

First they signed an agreement, and then stubbornly insist that since it is forbidden to lie, they are bound to uphold this lie whereby they took away from tens of generations of the Jewish people their possession which they ceded to others! 

Are you master to dispose of property and estates belonging to tens of previous generations and generations after you to the end of all generations?! 

Eretz Israel from Space

G-d chose Israel from amongst the Nations and Eretz Israel from amongst all lands as an everlasting inheritance! Only “through our sins were we exiled from our land, and distanced from our soil”. [Quotation from the additional prayers of the three festivals.] The emphasis of the liturgy stresses the fact that even at the time that we have been exiled from our land, it remains our land! 

Even when we are in a situation [may G-d protect us] of “our sins”, nevertheless it remains “our land”! This is ghetto mentality far from the beginning of redemption! 

Never before have Jews stood in official judgment over Hebron. Jews asking at a public forum– may G-d protect us – whether Hebron is liberated land or conquered land?! Worse still, the world stands by in silence! Here we have Jewish people publicly showing that their view is that Hebron does not belong to the Jewish People, but was conquered by mistake! The government itself recommended surrender!

The proof of this is their use of the phrase ‘they conquered the territories’ [this is how they call it]. In truth however, they are liberated territories, returned Jewish lands and borders to their rightful owners, before the eyes of all nations. Even before the advent of any international pressure, at a time when not one of the gentile nations ever dreamt that there would be discussions with Israel about giving back territories, they, the government of Israel sent emissaries on a special mission. With full intent they have chosen an observant Jew in order to make known that this recommendation is forthcoming in the name of Torah – may G-d protect us! These emissaries recommended that Israel would return to the Arabs all conquered lands of the Six-Day War. 

At that time after the open miraculous victory, not only was there no pressure from Washington to do so, but not even from the Arabs. The Arabs were overjoyed that they were not harmed and would not receive treatment which they themselves would have meted out to the Jewish people had they been the victors. It did not even enter their minds to exert pressure. It was exclusively those Jews who stubbornly took this line. To our great pain, those very same people carry the influence now also. With one difference, now they lean on the broken walking stick; why are they taking this line [of retreat]? Now, because of outside pressure! “If [asks the Rebbe] you are doing so because of pressure, why were you prepared to return land in 1967 when there was no pressure? When there were elections you should have made known that they are electing one who would not change his mind! G-d gives man the chance to repent, regardless of the fact that for 119 years 364 days his conduct was unacceptable. Should he choose to return from his path, then, not only will there be no mention of his past conduct, in fact his deliberate sins will be regarded as merits. When is this true? Only when he regrets the past, or at least he accepts upon himself good intent for the future”.

But he does the contrary. He stated explicitly ‘I have eaten [non-kosher food] and I will continue to do so! Not only does he state so but turns this into a system of thinking [of retreat] pressurizing other Jews that they accept his view. Then when they meet up with gentiles and speak with them, the gentile says to him ‘I don’t even know what pressure you say you are subject to!’ He, the gentile never even dreamt that they would recommend this to him! He, [says the gentile] was only speaking [for political reasons] this way for public consumption, and for that matter, only these last few weeks. 

There arrived here [to the USA] a representative of Israel. When he was in the capital [Washington] and newspaper reporters were not nearby, he was asked: ‘what is going on? What are you talking about? We never dreamt that you would offer to retreat despite our requests which were spoken out of political correctness!

I do not know if he will relay this upon his return to Israel, because then, he would not have fulfilled his mission, and was mistaken in his assessment.  As spoken previously, immediately after the miraculous victory performed by G-d of the Six Day War, [the government of Israel] dispatched the recommendation: ‘Take back all the territories, including Hebron and the Old City of Jerusalem.’ The Mazal was that G-d showed a another miracle in that the nations refused to take up on the offer! The reason for their refusal is because they have no choice in the matter; their conduct is commanded by the Will of G-d. A Jew has freedom of choice that is why he makes this [bad] choice. For the nations however G-d makes the choice for them. However, a Jew also is commanded to “choose life”. One who harms himself does not find punishment by the hand of man; but here he is harming a second Jew, harming all Jews, inclusive of all Jews of all generations! And nobody raises a voice of protest! 

This is the message we can learn from the day of celebration both the birthday and day of passing of the Mitteler Rebbe. Under the power of the Czarist government there were persecutions against the Jewish Faith, Torah and Jewish livelihood. Under persecution and abject poverty of the Jewish People the second Lubavitcher Rebbe raised money from Jewish people, from poor people and with this money he instructed to purchase land in the city of the Patriarchs Hebron, stating that this is his heritage. Should we find ourselves in a situation of material hardship as in the time of the Czar, regardless of his own personal inclinations, nature, education and those that stand about him in scorn, a Jew should have the strength to state openly that there is nothing to debate regarding the status of Hebron.

How to Negotiate with the Arabs

 In the portion of Torah read this week we recount the change of ownership of the Burial Cave of the Patriarchs in Hebron, passing from the Canaanite family of Heth to our forefather Abraham. From this narrative we are able to elicit clear guidelines for events taking place in our time here in Israel. 

Cave of the Patriarchs, Hebron, 1836

At this time the Arabs are intent to take control over the Burial Cave of our Patriarchs; we have an instruction, that in the first instance to attempt to negotiate in a peaceful manner that this location remain in our possession.

Should this approach not achieve its goal, then we must battle to retain ownership!

In this week’s Torah portion reading we have a parallel chain of events. Initially when Abraham arrived to bury his wife Sarah in the Patriarchal Cave, the family of Heth agreed that she be buried there. However they made it clear that the ownership of this location remains theirs. The Torah portion continues to tell the line taken by Abraham whereby he took over ownership both of the Cave and surrounding area, as the verse says: ‘he took possession both of the field, the burial Cave located there, and the trees of the field’.

The first line of action taken was that ‘Abraham bowed down before the citizens, the descendants of Heth’. The Midrash recounts that this was not the correct approach. The purpose of the Midrash is certainly not to recount the failings of our forefather Abraham; rather the purpose of the story is that we gain instruction, namely - that it is forbidden to conduct ourselves in this manner! It is forbidden to bow down and to fall down to the feet of a gentile in order to take possession of the Cave. To teach us - the descendants of Abraham - how we must conduct ourselves. The story continues that after bowing down Avraham said ‘I am both a stranger and permanent resident here with you’: if you are in agreement with my request then I will remain a stranger. However, should you refuse I will make use of my inherent rights and take possession by law, because it was G-d who spoke to me saying ‘to your progeny will I give this Land’. After this Ephron, the head of the family, sold the Cave to Avraham. The message for our time is as follows: when the Arabs hear from us this powerful approach, immediately will they fall in line. Why, one may ask, should we speak in such a harsh manner? Would it not be better to enter negotiations with gentle words? Rather, one is obligated to tell him, that since this Cave belonged to the first man Adam and his wife Chava [Eve], then passed on to Abraham and Sarah, then to Isaac and Rivka, then on to Yaakov and Leah, - therefore does the ownership belongs to their progeny, and not to the descendants of Chet! The Torah come to teach us that such negotiations will not bear the anticipated results! Avraham did not take this soft line of approach, knowing full well that however sweet his words - they will not have their desired effect. The only way to negotiate is to state with strength and clarity: ‘should you refuse to accept our demands - we will take our lawful possession’. When he hears this, that we are preparing to take affirmative action, placing our reliance on G-d that it was He Who gave this Land to the Jewish people - only then will he buckle under and accept 400 silver shekels by way of payment and give over the Burial Cave of the Patriarchs to the Jewish people.  

Public talk Shabbat Parshat Chaye Sarah 1969

THEY MUST NOT BE LABELED AS SPILLERS OF BLOOD

QUOTE: THE LUBAVITCHER REBBE:

"THOSE THAT ACT IN THIS WAY - THEY MUST NOT BE LABELED AS SPILLERS OF BLOOD; BUT THIS IS THE LEGAL IMPERATIVE OF TORAH - "ONE WHO APPROACHES TO KILL YOU - PRE-EMPT - ELIMINATE HIM!"

Government rulings which clash with Jewish Law

There are those who cover themselves in a cloak making themselves appear to be G-d-fearing,  arguing that since we live in the United States, we are obliged to heed the demands of the country’s ruler and ask him how to conduct ourselves, especially bearing in mind the Torah ruling ‘the law of the land is binding’.

Jewish Law rules that the Land of Israel belongs to the Jewish People with Torah designated borders.

There is a further major ruling inscribed in the laws of Shabbos: even an area of land outside of the borders of Israel as for example land in Sinai; should there arises a threat that ‘should the land of Israel be vulnerable before them [the enemy]’ even if they present no more than minimal danger in preparation only, announcing that their wish to enter is temporary for no more than stubble and straw [animal fodder] and then they will turn back - Jewish law demands we go out armed in desecration of the Sabbath and take a stand with military force.

This Jewish law applies anywhere, even outside of Israel, at all times and in all situations wherever a Jew finds himself. Even one who is already observant he has the merit [must desecrate the Shabbos] to take a powerful military stand for this major principle of Torah and mitzvos - endangered Jewish lives since the issue is of ‘the land lies open - vulnerable -  before them’. Furthermore, it is imperative to stand with all military force to hold control over the Sinai since from there Israel lies open to attack. This certainly stands true should the life threatening danger present itself from within the Land of Israel.

Here arises an apparent contradiction: we are obliged to follow the rule of government - ‘the law of the land is binding’.   

To this there are two responses:

1. This ruling ‘the law of the land is binding’ applies only when the law is not in contradiction with Jewish Law. Should the ruling contradict Jewish Law, it carries no validity.

2. Furthermore, the obligation to ‘observe the rule of government’ does not stem from the power of a government enacted law,  but has its root in Jewish law. Therefore should a government instruction undermine Jewish law - it is null and void.  

For example, when a medical specialist instructs one to violate the Shabbat or Yom Kippur in order to be healed of an illness, Jewish law demands that one  perform those activities. By this performance one is infact enhancing the observance of the Shabbat; this is the law of Shabbat observance. The patient does not perform the activity because of the doctor’s instruction, rather it is Jewish Law which demands that the patient perform the doctor’s instruction.

The same ruling pertains to life-threatening situations.  When one asks the advice of a military expert and he gives his reply [regardless of his personal religiosity] - since we apply to him the ruling that an expert will not give instructions contra to his expertise] [the matter will anyways become obvious soon thereafter]; should he state that such activities will lead to ‘the land lying vulnerably open to the enemy’ we are obliged to follow his advice not because he is a general in the army and this expert stated so, but because it is our obligation to listen to his guidance because Jewish law states that one is obliged to follow the advice of a military expert.  

However the Israeli politician who meets with the gentile [US Pres.] is fearful that in the future the gentile will impose pressure and thinks that Israel needs their favors, tell him as follows: stand strong as demanded by Torah! Do not claim our success is the result of ‘our strength and power of our hands’ - rather Israel’s representatives need to state shamelessly [with all respect as Torah commands] that we must act differently to his demands. This alone will lead to the real strength of your country [USA] and the strength of the Land and Nation of Israel.   

Public talk by the Lubavitcher Rebbe spoken 19th Kislev 1980.

Who is able to bring back these Jewish soldiers who were murdered?!

...Why did these [the slaughter of Jews] take place one after the other the first time, the second time, the third time and specifically during these last few weeks and months? These, specifically when they proclaim that they will be giving away the West Bank, giving away Judea, giving away the Shomron! And their justification for this is that in exchange for giving these away we will receive a piece of paper! 

What ‘peace’ was achieved more than was achieved by a similar piece of paper at Camp David? This brought about - heaven forbid - the killings of hundreds of Jewish soldiers - literally killed! And we know the names of those who were killed! They [the government of Israel] give the same lame excuse - it just ‘happened’ [-unconnected to their offer of giving Land away to terrorists]. A terrorist just happened to be passing a certain place, and a Jew had to travel in a certain direction so he hitched a ride in a random car in which the terrorist was sitting so the terrorist killed him! 

Now when this happened the first time it was also inexplicable. Why were these [murders] not taking place prior to Camp David? Because then they trembled in fear from an Israeli soldier! But now the situation has become the exact opposite! 

One walks in Jerusalem, in Hebron, in Shechem or in Tel Aviv and one cannot be certain if an Arab is standing behind him will not [kill him] do to him - G-d forbid - same as he did previously!

Who is able to bring back those tens of soldiers who were murdered?! Who left behind widows, who left behind orphaned children walking around live in the streets and Israel government officials have no shame in being seen by them!

The past is behind us; but the [government] continues walking the same path with the very same political policy pleading that the Arabs agree to sign a piece of paper!! 

The Lubavitcher Rebbe, Public talk. 3rd Teves 1986