הלכה על במדבר 34:1
Contemporary Halakhic Problems, Vol II
On the basis of Tosafot, Avodah Zarah 21a, Rabbi Soloveichik argues that, in defining what constitutes a "private " rather than a "communal" conquest, Tosafot, in actuality, distinguishes between two geographic areas. There is an apparent discrepancy with regard to the boundaries of the Land of Israel as they are described in the Bible. Numbers 34:1-12 gives the borders in great detail, and includes the names of cities along the borders. Deuteronomy 11:24, employing much broader language, states that the boundaries shall extend "from the wilderness, and the Lebanon, from the river, the river Euphrates, even unto the hinder sea." The latter description quite obviously encompasses much more territory than is included in the boundaries described in Numbers. Rabbi Soloveichik indicates that the enhanced territories referred to in Deuteronomy were merely promised to Abraham, whereas the more limited area described in Numbers was actually "given as a gift" to Abraham. It was only the latter territory which was actually conquered by "those who ascended from Egypt." Nevertheless, Ramban, in his commentary on Deuteronomy 11:24, writes that the people of Israel were commanded to conquer even the additional territory lying outside the borders described in Numbers but encompassed within the boundaries indicated in Deuteronomy. Syria—the area captured by King David—clearly lies within those boundaries. However, since Tosafot considers Syria to be a "private" conquest, because it was conquered before the conquest of the Land of Israel in its entirety, a new conclusion emerges. According to this reasoning it would appear that the mizvah of conquering Erez Yisra'el requires that the territory described in Numbers be conquered before any attempt is made to take areas within the larger boundaries described in Deuteronomy.
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