Halakhah su Levitico 26:33

2. An examination of Ramban's comments regarding the commandment "and you shall dwell therein" inescapably yields the conclusion that the obligation is double-faceted in nature. The obligation encompasses (1) a personal obligation to establish domicile in the Land of Israel and (2) a similar obligation that is communal, rather than individual or personal, in nature. According to Ramban, the latter aspect of the mizvah includes an obligation to conquer the land, to inhabit and cultivate the land in its entirety, and to assure that no part of that territory remains in the hands of gentile nations.¹³See Ramban, Commentary on the Bible, Numbers 33:53, and idem, addenda to Rambam’s Sefer ha-Miẓvot, miẓvot aseh, no. 4. According to Ramban's formulation, the oath "she-lo ya'alu be-ḥomah" may well be reflective, not simply of the suspension of the obligation with regard to conquest, but indicative of the abrogation of all communal obligations with regard to the Land of Israel. Banishment from the Land of Israel is the fulfillment of the prognosticated punishment reflected in the verses "And you I will scatter among the nations" (Leviticus 26:33) and "… and you shall be plucked from off the land which you go there to possess. And the Lord will scatter you among all peoples from the end of the earth to the end of the earth" (Deuteronomy 28:63-64). But how can such a situation be reconciled with an ongoing obligation to dwell within the confines of the Land of Israel? The answer may well be that "you shall inherit the land" refers to the people of Israel as a communal entity, whereas "and you shall dwell therein" constitutes an admonition addressed to the individual. The community is in exile; hence there can be no communal obligation regarding the Land of Israel. The individual, however, remains fully bound by the personal obligation to "dwell therein." Accordingly, even after the dispersion of the community, the individual, if he is but capable of doing so, is duty-bound to establish residence in the Land of Israel. But since that obligation is incumbent upon a Jew only qua individual it does not extend to duties and responsibilities which, by their very nature, are not within the purview of the individual but which can be fulfilled only through the cooperative efforts of the community.

There is no question that the State of Israel is surrounded by enemies intent upon the annihilation of its inhabitants. The present situation is reflected in Ramban's poignant interpretation of a phrase found in the concluding section of Leviticus. "And they shall confess their iniquity, and the iniquity of their fathers, in their treachery which they committed against Me and also that they have walked contrary unto Me. I also will walk contrary unto them and bring them into the land of their enemies; if then their uncircumcised hearts be humbled then the punishment of their iniquity will be accepted" (Leviticus 26:40-41). The juxtaposition of these verses is puzzling. Scripture speaks of confession of iniquity. Confession of sin is indicative of repentance. If the people of Israel are indeed repentant, such repentance should signal the close of the period of punishment and affliction foretold in the earlier versions of the tokhaḥah (rebuke). And yet, the very next verse proceeds to state that, instead of responding to their confession of sin in a positive manner, God declares, "I also will walk contrary unto them and bring them into the land of their enemies." Yet a further punishment is predicted: the people of Israel are to be led into the land of their enemies. Even the nature of this further punishment is difficult to comprehend since among the earlier misfortunes which constitute the punishment for Israel's iniquity is recorded "And you will I scatter among the nations …" (Leviticus 26:33).