The Mitzvah to Acquire Property in Israel |
In Parshat Masei (Bamidbar
33:52-53), we learn about the Mitzvah of settling the Land of Israel which includes
purchasing property: You shall drive out all the inhabitants
of the Land before you; and you shall destroy all their prostration stones; all
their molten images shall you destroy; and all their high places shall you
demolish. You shall possess the Land and you shall settle in it, for to you
have I given the Land to possess it. According to Rashi, we must drive
out the inhabitants and then we will be able to dwell in it and endure there.
If we don’t drive out the inhabitants then we won’t be able to dwell there. We learn about how buying a home in
Israel is connected to the mitzvah of settling the Land of Israel in the
Talmud, Bava Kama 80b: In the case of one who is purchasing
a house in the Land of Israel (from a non-Jew), we may write a sales contract
for it even on Shabbat. The Gemara asks: Can it enter your
mind that the contract is actually written on Shabbat? Rather, it is like what
Rava stated: One may ask a non-Jew and he will write it. Here too in our case
of purchasing a house in Eretz Yisrael: One may ask a non-Jew to write the
contract and he will do it. The Gemara explains: Even though
asking a non-Jew to perform forbidden labor on Shabbat is a Shabbat prohibition,
the rabbis did not prohibit it in this case because of the importance of
settling the Land of Israel. Rashi comments (Gitin 8b) that this
leniency of writing the document on Shabbat is when one is buying land from an
idolater and one can’t wait until after Shabbat to write the document of sale
because the idolater wants to leave while it is still Shabbat. Tosafot clarify that asking a
non-Jew to perform a Biblically forbidden labor (such as writing) on Shabbat is
permitted only for the mitzvah of settling the Land of Israel, but not for
other mitzvot. The Shulchan Aruch, Orach Chayim
306:11 states: It is permitted to buy a house from a non-Jew on Shabbat, and
seal and go to the non-Jewish courts. The Rama quotes the Or Zarua: In their
script (not in Hebrew) since writing in their script is only forbidden
Rabbinically, and in the case of settling the Land of Israel, they did not
decree. The Mishna Brura points out that the
Jewish person who is buying the property would show the non-Jewish seller where
the money is so that he could take it, but the Jew would not handle the money
on Shabbat. We see from here that normally one
would not be allowed to ask a non-Jew to write a document for them on Shabbat.
However, since the mitzvah of settling the Land of Israel is so important, if a
Jewish person’s only opportunity to buy a piece of land or a home in Israel
would be on Shabbat since the non-Jewish seller would no longer be available
later, then one would be permitted to do so. |