Halakhah su Deuteronomio 17:16

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.

2. R. Eliezer of Metz, Sefer Yere'im, no. 309, opines that the ban against settlement in Egypt is not a restriction against residence in Egypt but a restriction against return to the land. As a prohibition against return, the commandment restricts only "return … this way" (Deuteronomy 17:16), i.e., by way of the route travelled by our ancestors in departing from Egypt. R. Joseph Saul Nathanson, in his commentary on the Pentateuch, Divrei Sha'ul, remarks that the detailed scriptural description of the route travelled by the generation of the Exodus is of more than historical significance. It serves to delineate the route by which Jews are forbidden to return to Egypt. Return by other routes is permitted. Ritva, Yoma 38a, also interprets Sefer Yere'im in this fashion. To'afot Re'em, a commentary on Sefer Yere'im, refutes this interpretation by citing Sukkah 51b which declares that the Jewish community of Alexandria was annihilated because its members had established a settlement in Egypt in violation of the biblical commandment. According to Divrei Sha'ul's analysis, the Alexandrian Jews, who presumably did not return via the route mapped out in the Bible, should not have been deemed transgressors. Since the Gemara reports that they were punished, it may be inferred that the prohibition is broader than asserted by Divrei sha'ul. Teshuvot Dei Hashev, Yoreh De'ah, no. 15, and Ma'aseh Bezalel, no. 573, interpret Sefer Yere'im as meaning that it is forbidden to return to Egypt from the Land of Israel but that return to Egypt from other countries is not forbidden.

3. Rabbenu Baḥya, in his commentary on the Bible, Deuteronomy 17:16, states that this prohibition is directed against living among Egyptians rather than against establishing residence in the land of Egypt and is designed to prevent Jews from imitating the immoral life-style of the Egyptians. According to Rabbenu Baḥya, the prohibition forbids only living among the degenerate Egyptians of the time of the Exodus and was not intended to apply to later generations. This is also the position of Rabbenu Meyuḥas ben Eliyahu, as found in his recently published commentary on the Bible (Jerusalem, 5728). The obvious problem with regard to this position is that it appears to be contradicted by the previously cited statement of Sukkah 51b to the effect that the Jews of Alexandria sinned in settling in Egypt.