Комментарий о цитате к Хавакук 3:6

You have taken by force the lands of the Seven Nations. This implies that originally it belonged to the Seven Nations (who are descendants of Cham). But you might object: It is written in Parshas Lech Lecha (12:6): “And the Canaanites were then in the Land,” and Rashi there explains that the Canaanites were then conquering the Land of Israel from the descendants of Shem — as it was given to Shem when Noach divided the earth among his sons. If so, why is it robbery (when Bnei Yisrael [who are Shem’s descendants] reclaim their inheritance)? It seems the answer is: Although land cannot be acquired by theft and always remains the property of the previous owner, nonetheless, Bnei Yisrael are like robbers. For the Canaanites were considered like someone who unrightfully seizes a field and makes improvements on it — in which case when the true owners return they must pay the one who seizes the land for his expenses, assuming the improvements are of greater value than the expenses. But Bnei Yisrael took the Land of Israel with all the improvements [that were made by the Canaanites], and did not pay even for the expenses. Therefore the Torah began with “In the beginning...” to say that all the earth and its fullness belong to Hashem, Who may do with it as He wishes. For it says (Chavakuk 3:6): “He saw and allowed the nations,” which is interpreted to mean that [in specific cases,] Hashem allowed their property to [be taken by] Israel (Bava Kama 38a). An alternative answer: “You are robbers” because Shem had other sons as well, and they too have a portion in the Land. However, there is a difficulty [with the first answer, that the descendants of Cham should be paid their expenses. And] even if we say that R. Yitzchok held the [other] view [mentioned in the Gemara,] that the entire Land [originally] belonged [not to Shem but] to Cham, who gave it to his son Canaan, [still their claim is invalid]. For it is written (9:25), “Cursed is Canaan. He shall surely be a slave to his brethren.” Thus, [the offspring of] Cham is enslaved to Shem, and all of a slave’s acquired property belongs to his master. [So whatever Canaan says is his, automatically belongs to Bnei Yisrael who are the offspring of Shem. Why, then, are Bnei Yisrael “robbers”?] An answer is: It is written that Canaan is a slave “to his brethren,” which includes Yefes. Thus, Yefes also has a share in what Canaan acquired, [not just Shem]. (Re’m) Alternatively: [R. Yitzchok held that the Land originally belonged to Cham. And] a slave’s acquisitions belong to his master only when the slave acquires them from others, or seizes ownerless property — but not when the slave inherits them. And since it is by Torah law that a non-Jew inherits his father, Canaan rightfully inherited the Land from his father Cham. (Nachalas Yaakov) Another answer: When someone gives a gift to a slave and stipulates that the master should have no rights to it, the gift does not belong to the master. And here, Hashem apportioned specific territories to Canaan, and different territories to Shem, as the Torah recounts. Therefore, it is as if there is a stipulation that each one may not have any claim to the other one’s portion. (Divrei Dovid)

אל בני ישראל לאמור. to the children of Israel saying. The word לאמור here indicates that the legislation following conferred a distinction upon the Israelites who were to keep their distance from matters considered impure. Vayikra Rabbah 13,2 quotes Rabbi Shimon bar Yochai commenting on Chabakuk 3,6: "When He stands He measures the earth;" Rabbi Shimon interprets that G'd measured all the nations and found not one of them deserving to receive the Torah except the generation travelling through the desert. G'd measured all the mountains and the only one fit to hand down the Torah from was Mount Sinai. The word לאמור in this context must be understood along the lines of Isaiah 3,10: אמרו צדיק כי טוב כי פרי מעלליהם יאכלו. "Hail the just man, for he shall fare well; he shall eat the fruit of his works." The sequence of לאמור זאת means that Moses and Aaron are to take every kind of creature into their hands and display them saying: "this you may eat and this you may not eat." It was not enough to instruct the Israelites only orally.

A Midrashic approach (based on Tanchuma Shemini 6 or Vayikra Rabbah 13,2). The words זאת החיה אשר תאכלו, “this is the category of creature that you may eat,” reflect Chabakuk 3,6: ”when He stands He makes the earth shake, when He glances, He makes nations tremble.” At the time when G’d was about to give the Torah to the Jewish people, He stood and contended with the earth and gave the Torah to Israel in public, in full view of everyone. At that time He lifted the restrictions against spilling the blood of the seven Canaanite nations inhabiting the land of Israel. We have several verses to that effect, one in Isaiah 60,12 “for the nation that does not serve you shall perish;” a reference to the lives of those seven nations. We have another verse in Deuteronomy 20,16: “you shall not let live anyone;” the repetition of such permission in Isaiah means that also the money, physical possessions of those nations, was permitted to be kept as loot. This is supported also by the words “you shall consume all the (7) (seven) nations” (Deut. 7,16).
Rabbi Shimon bar Yochai says that the meaning of the verse in Chabakuk 3,6 is that G’d spied out amongst all those nations, searching for a country which would be suitable as a homeland for the Jewish people, a mountain suitable to give them the Torah, etc., and that He found none other than the land of these seven nations. Rabbi Hunna from Tzippori understood the word וימודד in that verse to mean that G’d (allegorically speaking) loosened their girdles, i.e. much as in Job 12,8 which is the reverse of חגור מתניכם, “tighten your belt ready for war or marching.” Rabbi Tanchum, son Chanilai said that the meaning of those words is that He let loose against them all the forbidden creepers. According to Vayikra Rabbah 13,2 this is a simile comparing the situation to a farmer who came to a threshing ground with a donkey on one side and a dog on the other. He loaded the donkey with five measures of grain and the dog with two. The donkey trotted along contentedly whereas the dog was clearly resentful. So the farmer took one of the measures of grain from the dog and added it to the load the donkey was carrying. Whereas the donkey did not protest the dog was still resentful. The farmer told the dog that it was not much good to him seeing it was unwilling to accept any responsibility (the seven Noachide laws) at all. Similarly the Gentile nations and the Jewish people. Seeing that the former do not even observe the basic seven Noachide laws G’d does not have much use for them and has permitted the Israelites to dispossess them completely. [In the version in the Midrash the restrictive word “seven” is absent. It appears that our author was careful not to offend the Christians in his host country. Ed.]
Another parable illustrating the relationship between G’d and the Jewish people. A physician went to see two of his patients. To the family of the one who was in a life-and death-situation he did not prescribe a specific diet for the patient, permitting him to eat whatever he wanted. To the second patient he gave very precise instructions what not to eat as this was apt to save his life. After a while the patient to whom the doctor had not prescribed a specific diet died whereas the other patient recovered. The families of both patients became aware that the doctor had prescribed only for the one patient and they wanted to know why. The doctor explained that the patient who died had been doomed already. There was therefore no point in denying him what he could enjoy on a short-term basis. The same applies to the Israelites and the seven Gentile nations who are doomed. Seeing that the latter are headed for death anyway, there is not much point in prescribing a restrictive diet. The Israelites, however, may be saved from their sickness if they keep a strict diet. Hence the Torah issued the instructions in this chapter, while allowing the Gentiles to eat whatever they want. This is the mystical dimension of introducing this chapter with the words זאת החיה, this is the life-giving legislation regarding food which may be consumed, etc.” Seeing that the Israelites are attached to eternal life, it is important hat they not consume food which could endanger their hereafter.