Halakhah zu Schemot 14:13

That He prohibited us from dwelling in the Land of Egypt forever, so that we not learn from their practices and not follow their disgraceful ways. And that is His saying, "You must not return that way again" (Deuteronomy 17:16). And this prohibition was already repeated three times: They said in the Gemara (Yerushalmi Sukkah 4:1), "In three places did the Holy One, blessed be He, warn Israel not to return to Egypt; and at three times did they return and get punished from them." Indeed one of the three places is that which we mentioned. The second is, "by a route which I told you, you should not see again" (Deuteronomy 28:68). And the third is, "for Egypt which you have seen this day - you will never again see them" (Exodus 14:13). Even though it appears from the words that it is narrative, the tradition comes [to teach that] it is a prohibition. And it has already been explained in the Gemara, Sukkah (Sukkah 51b), that Alexandria is from the cities in which it is forbidden to dwell. And [from the Sea of] Alexandria, the measurement of the perimeter of Egypt is four hundred parasangs by four hundred parasangs - and that is the total of the Land of Egypt in which it is forbidden to dwell. But it is permissible to travel [there] for business, or to pass through it to a different land. And in explanation, they said in the Yerushalmi (Yerushalmi Sanhedrin 10:8 at the end), "You may not return for living, but you may return for business and to conquer the land." (See Parashat Shoftim; Mishneh Torah, Kings and Wars 5.)

1. Rambam records the prohibition against residence in Egypt both in Sefer ha-mizvot, negative commandment no. 46, and in Mishneh Torah, Hilkhot Melakhim 5:7-8. In Sefer ha-mizvot Rambam cites three separate verses as sources for this prohibition: "You shall henceforth return no more this way" (Deuteronomy 17:16); "… by the way whereof I said unto you, 'You shall see it no more again' " (Deuteronomy 28:68); and "For whereas you have seen Egypt today, you shall see them again no more forever" (Exodus 14:13). In citing all three verses as negative commandments Rambam follows the Palestinian Talmud, Sukkah 5:1. The Babylonian Talmud, Sukkah 51b, however, cites only Deuteronomy 17:16. Maharsha explains that, for the Babylonian Talmud, Exodus 14:13 is a promise rather than a prohibition. Deuteronomy 28:68 is presumably viewed as a threatened punishment rather than as a prohibition. Basing himself upon the Palestinian Talmud, Rambam declares that the prohibition is limited to permanent residence. Accordingly, it is permissible to return to Egypt for business purposes or for other reasons which involve only temporary domicile. Rambam further rules that it is permissible to reside in Egypt if the land is conquered by "a king of Israel" with the approval of the Sanhedrin "since [the Torah] forbids [us] only return to [Egypt] as individuals or to dwell therein while it is in the hands of idolaters." The reason, as explained by Rambam, is that settlement in Egypt is forbidden because of the degenerate moral character of the ancient Egyptians. Reference to the immorality of ancient Egypt is made in Leviticus 18:13. Hence, when Egypt is under the dominion of Israel, Jews are permitted to reside in that land.

6. While at least some of the other authorities cited maintain that the essence of the prohibition is residence among Egyptians, Sefer Yere'im clearly maintains that the essence of the prohibition is return to the land of Egypt. Mahari Perle, in his commentary on the Sefer ha-mizvot of R. Sa'adia Ga'on, and Minḥat Eliyahu, no. 37, maintain that there are two distinct prohibitions, one against residence in Egypt and a second against settlement among the people of Egypt. Exodus 14:13, "You shall see them again no more," implies a prohibition against settlement among the people, while the other two verses refer to return to the land of Egypt. Rabbi Gershuni and Rabbi Raphael both endeavor to show that this is also the position of Rashi in his commentary to both Sanhedrin 21a and Exodus 14:13, as well as that of Sefer Yere'im.

To not ever dwell in the Land of Egypt: That we not further go back on the way to Egypt ever; meaning to say that we do not establish our residence in Egypt. And about this is it stated (Deuteronomy 17:16), "and the Lord said to you, 'You shall not further go back on this way again.'" And the prevention of this is repeated three times: They, may their memory be blessed, said (Mekhilta d'Rabbi Yishmael 14:13:2), "In three places did the Torah warn not to return to the Land of Egypt [...] In the three they returned, and in the three they were punished." And these three places [are] the one we mentioned; the second is "by the way that I said to you, 'You shall not further again, etc.'" (Deuteronomy 28:68); and the third is "as that which you see Egypt today, you shall not further, etc." (Exodus 14:13) - and even though it appears to be [only] a story from its revealed meaning, the tradition comes about it that it is a prevention (a negative commandment).