Halakhah for Exodus 23:33

When the Jews are in control (Yad Yisrael Tekifah), it is forbidden for us to permit Nochrim to reside amongst us. Even if he is only a temporary resident or an iterant merchant, he cannot pass through our land unless he accepts the seven Noahide laws as the Torah (Shemot 23:33) states, “They shall not dwell in your land.” If he accepts the seven Noahide laws, he is classified as a Ger Toshav (a Nochri who is permitted to reside in our land). However, we do not accept a Ger Toshav at a time (such as nowadays) when the Yoveil (Jubilee) laws do not apply. When the laws of Yoveil do not apply, we accept only a Ger Tzedek (a full-fledged convert).

However, return of liberated territories for considerations other than preservation of life raises an entirely different set of halakhic considerations. On the basis of Avodah Zarah 20b, Rambam, Hilkhot Avodat Kokhavim 10:3-4, rules that it is forbidden for a Jew to sell houses or fields in Erez Yisra'el to a non-Jew.³⁶It is generally accepted that the prohibitions flowing from lo teḥanem apply to all non-Jews and not only to the Seven Nations. This is stated explicitly by Tosafot, Avodah Zarah 20a; Sefer ha-Eshkol, III, 123; Maharam Schick al Taryag Miẓvot, no. 426; and Ḥazon Ish, Shevi‘it 24:1 and Hilkhot Avodat Kokhavim 65:1. In this instance, Rambam departs from his usual practice of not supplying the underlying rationale upon which the halakhah is predicated. Rambam poses the question, "And why may one not sell [houses and fields] to them? For it is written, 'lo teḥanem'—Do not give them permanent encampment in real property, for if they will not possess real property, their residence is transient." If non-Jews are not given an opportunity to acquire real estate their presence in the Holy Land will be temporary and transient in nature. A person who does not own land, who does not own a home and who possesses neither fields nor orchards, is a person who has no roots. Such a person's domicile is inherently transitory. An individual acquires permanence and stability within a given geographic locale only when he requires property. Hence, the Torah forbids the sale of real estate in Erez Yisra'el to non-Jews lest through acquisition of land their domicile become permanent in nature.³⁷Ḥazon Ish, Shevi‘it 24:1 and Hilkhot Avodat Kokhavim 65:1, opines that the ultimate rationale underlying the prohibition against sale of real property in Ereẓ Yisra’el to a non-Jew is identical with the reason for the prohibition against permitting idolaters to dwell in Ereẓ Yisra’el. In the latter case, the reason is explicitly stated in Scripture: “They shall not dwell in your land lest they cause you to sin against me” (Exodus 23:33). Both commandments, according to Ḥazon Ish, are akin to the commandment concerning eradication of paganism in the Land of Israel recorded in Deut. 7:5 and Deut. 12:2-3. This analysis was earlier advanced by Sefer Miẓvot Gadol, no. 48. Although Ḥazon Ish’s inference is from the terminology employed by Rambam in Hilkhot Avodat Kokhavim 10:3, it would seem that this thesis is more readily substantiated by Rambam’s comments in 10:4 in which he describes sale of real estate as leading to permanent residence and then, in the very same halakhah, proceeds to state, “Similarly it is forbidden to praise them … for this causes [Jews] to cleave to them and to learn from [their] evil deeds” (italics mine). Rambam appears to predicate both proscriptions upon the identical rationale. It is the divine plan that ultimately Erez Yisra'el in its entirety become the exclusive inheritance of the community of Israel.

He prohibited us from settling idol worshippers in our land, so that we not learn their heresy, with His saying, "They shall not dwell in your land lest they cause [you] to sin, etc." (Exodus 23:33). And if an idolator wants to remain in our land, it is only allowed when he accepts upon himself not to worship idols. However idol worshippers may not dwell with us [in the Land of Israel], nor may we sell them a holding nor may we rent them a house. And in the explanation (Avodah Zarah 20a), they told us, "Do not give them an encampment in the land." (See Parashat Mishpatim; Mishneh Torah, Foreign Worship and Customs of the Nations 10.)