Halakhah zu Bereschit 33:26

Rabbi Ishmael the son of Rabbi Yosi asked those who lived in Babylonia, by what did they earn the right to call their living there “life.”²⁹²I.e., a successful life, since a life of sorrow cannot really be called “life.” They replied, “by right of the Torah.” And for those in the land of Israel, by right of the tithes. And those outside of the Land, by what right? Because they honor the Sabbaths and the holidays. Rabbi Yohanan in the name of Rabbi Yosi b. Halafta said, “Abraham our father, about whom is not written that he observed the Sabbath, inherited the world within measurable limits, as it is said, ‘Up, walk about the land through its length and breadth.’²⁹³Gen 13:17. But Jacob, about whom it iswritten that he observed Shabbat, as it is said, ‘and he encamped in the city,’ he entered at morning twilight, and fixed boundaries while it was still day,²⁹⁴Gen 33:18. In other words, according to the midrash, Jacob made an eruv that allowed him to carry things in the city on Shabbat. inherited the world without measurable limits, as it is said, ‘You shall spread out to the west and to the east, etc.’²⁹⁵Gen 28:14. Another interpretation: “God blessed the seventh day and declared it holy,”²⁹⁶Gen 2:3.He blessed it by exempting it from being postponed. R. Samuel b. Nahmani said, ‘A festival is postponed; Shabbat is not postponed.²⁹⁷That is, unlike other holidays, which occasionally may be postponed a day, such as the first day of Rosh Hashanah so that it won’t fall on a Sunday, Wednesday, or Friday, which would create problems later on in the calendar. Shabbat always falls on the seventh day of the week (Chavel). Another interpretation: He blessed it with a partner.

The claim of the community of Israel to the Land of Israel in its entirety as its historic homeland is predicated upon God's covenant with Abraham (Genesis 15:7-21). However, with regard to three specific geographic areas—the Cave of Machpelah, the Temple Mount and Shechem—title to the land is based upon more conventional grounds. These particular sites are described in Scripture as having become the property of our ancestors by right of purchase long before they acquired title to the rest of the Land of Canaan. The uniqueness of these areas is underscored by the sages of the Midrash.¹Bereshit Rabbah 79:7. Why, impliedly queries the Midrash, is the narrative concerning Abraham's purchase of the sepulchre in the field of Machpelah spelled out in such minute detail (Genesis 23:3-17)? Why does the Bible so carefully identify the individual from whom David purchased the Temple Mount (II Samuel 24:18-25)? Why does the Torah relate that Jacob pitched his tent in Shechem and that he purchased the plot of land upon which he pitched his tent for the sum of 100 kesita (Genesis 33:19)? Answers the Midrash: "So that the nations of the world will not be able to taunt Israel saying, 'These [lands] are in your possession by virtue of theft.' " These historical facts are recorded for a specific purpose, viz., so that for all of posterity the gentile nations will never be in the position of being able to taunt the community of Israel with the claim that Israel lacks clear title to those historic sites.

It seems to this writer that Mor u-Kezi'ah regarded the establishment of halakhic time, and hence of the Sabbath, in the places under discussion to be a matter of unresolvable doubt. To be sure, as clearly enunciated by R. David ibn Zimra, Teshuvot ha-Radvaz, I, no. 76,⁸See also Parashat Derakhim, Drush 23, s.v. od nakdim; R. Israel Lipschutz, Tiferet Yisra’el, Berakhot, note appended to Bo‘az, end of chapter 1; R. Chaim Joseph David Azulai, Birkei Yosef, Oraḥ Ḥayyim 242:1; R. Joseph Saul Nathanson, Teshuvot Sho’el u-Meshiv, Mahadura Revi’a’ah, no. 154; and R. Benjamin Aryeh Weiss, Teshuvot Even Yekarah (Lemberg, 5654), no. 11. determination of the onset and conclusion of Shabbat is determined locally. Leviticus 23:3 mandates that the Sabbath be observed "in all your habitations." That phrase is understood by Radvaz⁹A similar interpretation of that verse was earlier advanced by Seforno in his commentary ad locum. See also the interpretation of Exodus 31:16 advanced by the Zohar, Genesis 56a. The verse “And the children of Israel observed the Sabbath to make the Sabbath for their generations (le-dorotam)” is rendered by the Zohar as “to make the Sabbath for their dwellings (le-dirotam).” as signifying that the onset and conclusion of Shabbat is to be determined in accordance with sunset at each particular "habitation."¹⁰R. Abraham ibn Ezra, in his commentary to Genesis 33:10, understands the verse “And the sun rose upon him” (Genesis 32:32) as reflecting this underlying solar phenomenon, i.e., the sun rose for Jacob in the locale in which he found himself but did not rise simultaneously in other areas.
R. Isaac di Trani, renowned as the author of Teshuvot Maharit, declares in his Ẓofnat Pa‘aneaḥ (Venice, 5413), Drush le-Parashat Bereshit, that the work of creation did not cease throughout the globe at a single instant. Rather, the process of creation came to a halt at each point when night fell at that spot. In effect, in observing Shabbat as determined by local sunset, man emulates the Creator who ceased from the process of creation at different times in different places. Ḥatam Sofer, cited by R. Israel David Jaffe, Ḥazon le-Mo‘ed, no. 8, sec. 7, also stated that this was the case during each of the six days of creation: the work of each day did not take place simultaneously throughout the world; rather, the entities created on each day of the week were created in every geographic area while it was day in that locale. This, Ḥatam Sofer asserts, applied even to the “ten things” which the Mishnah, Avot 5:6, declared to have been created on the sixth day between sunset and nightfall, i.e., those objects were created in different places at different times. Ḥatam Sofer interprets the verse “And God finished on the seventh day… and He rested on the seventh day” (Genesis 2:2) as referring, not to a single act of cessation of labor, but to a divine comportment at two different places, viz., God completed the work of creation at one locale while at the same time resting at another locale. See also R. Yechiel Michal Tucatzinsky, Bein ha-Shemashot (Jerusalem, 5729), p. 53; idem, Yomam (Jerusalem, 5703), p. 73; and R. Ben-Ẓion Uziel, Mishpetei Uzi’el, Oraḥ Ḥayyim, II, no. 29. Cf., R. Menachem Kasher, “Shabbat Bereshit u-Shabbat Sinai,” Talpiyot, vol. I, no. 1 (Tishri 5704), pp. 415-420.
Cf., however, Teshuvot Sho’el u-Meshiv, Mahadura Revi’a’ah, who candidly acknowledges that, in observing Shabbat according to local time “in all their habitations,” Jews do not observe Shabbat during the same time period in which the Creator ceased from the work of creation. Moreover, he regards that concept to be reflected in the otherwise problematic words of the musaf prayer: “a people who sanctify the seventh day (am mekaddeshei shevi‘i).” Jews sanctify the month and hence the festivals which are calendar dependent. Shabbat, however, is predetermined and does not require sanctification of the new moon by the Bet Din. Nevertheless, explains Sho’el u-Meshiv, since Jews must observe Shabbat “in all their habitations” at different times they are indeed a “people who sanctify the seventh day.” Shabbat is designed as a "sign between Me and between you" (Exodus 31:13) and accordingly, is to be observed during the period representing the culmination of six days of labor in each person's locale. The Sabbath day, which includes a period of darkness and a period of daylight, is roughly twenty-four hours in length in all places other than in the extreme northern and southern regions. As a result, the Sabbath is observed on the same day of the week in all parts of the globe. Accordingly, Mor u-Kezi'ah assumes that in locales in which that cannot be the case there is no discernible method for determining the days of the week. Hence, determination of the advent of Shabbat remains either a matter of irresolvable doubt or, alternatively, there is no concept of halakhic time in such places. Therefore, Mor u-Kezi'ah rules that a person finding himself in such a place faces a problem that is no different from that confronting a person lost in the desert or confused with regard to a sequence of days and must conduct himself in an identical manner. That is precisely the import of Mor u-Kezi'ah's concluding phrase "in the manner indicated earlier with regard to one who travels in the desert," i.e., he may perform no forbidden act on any day of the week and must recite kiddush and havdalah on the seventh day of every seven-day cycle subsequent to his arrival.