Yom Ha-atzma’ut, Yom Yerushalayim, Yom Ha-zikaron, and Yom Ha-Sho’ah / The Mitzva of Settling Eretz Yisrael

When the State of Israel was established, on the fifth of Iyar in 5708 (1948), the Jewish people fulfilled the mitzva of settling Eretz Yisrael (the land of Israel). It is true that even prior to the establishment of the state, any Jew who lived in Eretz Yisrael fulfilled this mitzva, and the Sages even said: One should always dwell in Eretz Yisrael, even in a city inhabited mostly by idolaters, and he should not dwell outside the land, even in a city inhabited mostly by Jews, for anyone who dwells in Eretz Yisrael is like one who has a God, and anyone who dwells outside the land is like one who has no God. (Ketubot 110b) However, the primary mitzva is for the Jewish people collectively to have sovereignty over Eretz Yisrael. The mitzva for every Jew to dwell in Eretz Yisrael is an offshoot of the collective mitzva that is incumbent upon the Jewish people.

This is the meaning of the verse, “You shall take possession of the Land and settle in it, for I have assigned the land to you to possess” (Bamidbar 33:53). “You shall take possession” denotes conquest and sovereignty, while “and settle in it” implies inhabiting the land to prevent it from being desolate. Similarly, the Torah states, “you shall possess it and settle in it” (Devarim 11:31). Accordingly, Ramban defines the mitzva as follows: “We were commanded to take possession of the land that God, may He be exalted, gave to our fathers, Avraham, Yitzḥak, and Yaakov; and we must not leave it in the hands of any other nation or let it remain desolate” (Addendum to Rambam’s Sefer Ha-mitzvot, Positive Commandment 4).

This mitzva is incumbent upon the Jewish people in every generation. For a long time, however, we lacked power and were thus forced to neglect this mitzva. We did not have a military or weapons with which to conquer and settle our land. In recent generations, God showed kindness to His people and a national spirit began to stir. Jews went forth and assembled in Eretz Yisrael. They planted trees, developed the country’s economy, organized a defense force, and resisted foreign rule, so that when the British Mandate ended, our public representatives were able to declare the establishment of the State of Israel. On that day, the Jewish people began fulfilling the mitzva of settling Eretz Yisrael. While it is true that we are not yet in control of the entire Eretz Yisrael, and we are still somewhat dependent on the nations of the world, we are actually fulfilling the mitzva of settling Eretz Yisrael once again.

We likewise find that the halakhotof mourning over Eretz Yisrael’s destruction depend on Jewish sovereignty over the land. The Sages enacted that one who sees the cities of Judea in ruins should recite, “Your holy cities have become a desert” (Yeshayahu 64:9) and tear his garments. The poskim explain that the definition of “in ruins” depends on who is in control. If non-Jews rule the land, its cities are considered ruined, even if most of the inhabitants are Jews, and one must rend his garment upon seeing them. But if Jews control the cities, they are not considered ruined, even if non-Jews form the majority of their inhabitants, and one does not rend his garments upon seeing them (Beit Yosef and Baḥ OḤ 561; MA *ad loc.*1 and MB *ad loc.*2).

In addition, the Sages lavish praise upon the mitzva of settling Eretz Yisrael, going so far as to say that it is equal to all the mitzvot of the Torah (Sifrei, Be-ha’alotekha §80).¹, Positive Commandment 4, and my master and teacher, R. Zvi Yehuda Kook, expands upon these foundations in his work Li-netivot Yisrael (vol. 1, “Le-tokef Kedushato shel Yom Ha-atzma’ut,” pp. 246-250, see also pp. 160-162; vol. 2, “Mizmor Yud-tet shel Medinat Yisrael,” pp. 357-368). The following is a synopsis of his approach. The mitzva of settling Eretz Yisrael applies in every generation, as Ramban loc. cit. and Rivash (Responsa Rivash§387) write. Therefore, the halakha that one can compel his or her spouse to move to Eretz Yisrael (Ketubot 110b) applies at all times, as SA EH 75:3-5 determines. This is also the consensus of the Rishonim and Aḥaronim, as Pitḥei Teshuva *ad loc.*6 cites. While it is true that Tosafot in Ketubot 110b quote Rabbeinu Ḥayim’s opinion that the mitzva does not apply nowadays, the most prominent Rishonim and Aḥaronim do not even address this opinion; they believed that an errant student authored this statement (Maharit, YD 28; many of the greatest Aḥaronim agree; see also Gilyon Maharsha, Ketubot 110b; Responsa Ḥatam Sofer, YD 234). The fact that the main fulfillment of the mitzva revolves around Jewish sovereignty is elucidated in Yeshu’ot Malko, YD 66, Avnei Nezer, YD 455, and elsewhere. Even though the Sages comment that several other mitzvot are equal to all the mitzvot(regarding brit mila in Nedarim 32a; tzedaka in Bava Batra 9a; tzitzit in Shevu’ot 29a; tefilin in Menaḥot 43b; Shabbat in y. Nedarim 3:9; Torah study and acts of kindness in m. Pe’ah 1:1), nonetheless, from a halakhic standpoint, settling Eretz Yisrael takes precedence over them all, as it is the only one that overrides a shvut(rabbinic prohibition on Shabbat). If one needs to violate a shvut in order to perform a brit mila on Shabbat, we postpone the brit instead of violating the shvut. For the sake of settling Eretz Yisrael, however, the Sages rule that one may purchase a home in Eretz Yisrael on Shabbat, if necessary, even if this entails violating the shvut of telling a non-Jew to do melakha(prohibited work) on Shabbat, as the Talmud states in Gittin 8b and BK 80b (and Tosafot ad loc.). This ruling does not only apply to the redemption of all of Eretz Yisrael; rather, even the purchase of just one house still overrides a shvut! Furthermore, in order to erect a protective fence around Shabbat, the Sages abrogate the Torah commandments of shofar and lulav when Rosh Ha-shana and the first day of Sukkot coincide with Shabbat. When it comes to settling Eretz Yisrael, however, the Sages suspend their own enactments by permitting one to violate a shvut – a serious rabbinic prohibition – for its sake. (In fact, Smag apparently considers telling a non-Jew to do melakhaa Torah prohibition.) Moreover, we are commanded to sacrifice our lives for the sake of the mitzva of settling Eretz Yisrael. We know this because the Torah commands us to take possession of the land—that is, to conquer it—and soldiers inevitably endanger their lives in war. See Minḥat Ḥinukh §425. The reason Rambam does not include this mitzva in his count of the 613 mitzvotis that it transcends the normal value of mitzvot; it is not listed in the detailed enumeration because, as Rambam writes in his introduction to Sefer Ha-mitzvot and again with respect to Positive Commandment §153, mitzvotthat encompass the entire Torah are not listed individually. Besides which, it is implausible to say that the mitzva of settling Eretz Yisrael is only rabbinically mandated today, since the Sages stated, following the destruction of the Second Temple, that settling the land is equal to all the mitzvot of the Torah; it is highly unlikely that they would say such a thing about a rabbinic mitzva. Moreover, it is improbable that the Sages would dismantle a family or allow one to violate a shvut merely for the sake of a rabbinic mitzva (see R. Yaakov Zisberg’s Naḥalat Yaakov, vol. 1, pp. 201-249).

footnotes: ¹ Ramban outlines the foundations of the mitzva of settling Eretz Yisrael in his addendum to Rambam’s Sefer Ha-mitzvot

Yom Ha-atzma’ut, Yom Yerushalayim, Yom Ha-zikaron, and Yom Ha-Sho’ah / The Beginning of the Redemption and Sanctifying God’s Name

The establishment of the State of Israel removed the disgrace of exile from the Jewish people. Generation after generation, we wandered in exile, suffering dreadful humiliation, pillaging, and bloodshed. We were an object of scorn and derision among the nations; we were regarded as sheep led to the slaughter, to be killed, destroyed, beaten, and humiliated. Strangers said to us, “You have no hope or expectation.” That situation was a terrible ḥilul Hashem (desecration of God’s name), because God’s name is associated with us, and when we are degraded, His name becomes desecrated among the nations (see Yeḥezkel 36).

The prophets of Israel prophesied, in God’s name, that the exile will eventually end: “I will take you from among the nations and gather you from all the countries, and I will bring you back to your own land” (Yeḥezkel 36:24); “They shall build houses and dwell in them; they shall plant vineyards and enjoy their fruit” (Yeshayahu 65:21); “Again you shall plant vineyards on the hills of Samaria; Men shall plant and live to enjoy them” (Yirmiyahu 31:4); “And the desolate land, after lying waste in the sight of every passerby, shall again be tilled. And men shall say, ‘That land, once desolate, has become like the Garden of Eden; and the cities, once ruined, desolate, and ravaged, are now populated and fortified” (Yeḥezkel 36:34-35); “I will restore My people Israel. They shall rebuild ruined cities and inhabit them; they shall plant vineyards and drink their wine; they shall till gardens and eat their fruits. And I will plant them upon their soil, nevermore to be uprooted from the soil I have given them – said the Lord your God” (Amos 9:14-15).

However, after so many years passed without God’s word coming to fruition, God’s name became increasingly desecrated in the world, and the enemies of Israel decided that there is no chance that the Jews would ever return to their land. Even the Sages spoke in hyperbole about the miracle of the ingathering of the exiles, to the point that they said, “The ingathering of the exiles is as great as the day upon which the heaven and earth were created” (Pesaḥim 88a). But a miracle occurred, and God fulfilled His promise, causing an enormous and awesome kiddush Hashem (sanctification of God’s name). This kiddush Hashembecame amplified even further during the Six-Day War, when Jerusalem was reunified and the holy cities within Judea and Samaria were recaptured.

This process – the ingathering of the exiles and the blooming of the wasteland – which gained tremendous momentum when the State was established, marks the beginning of the redemption. As R. Abba said, “There is no clearer sign of the end of the exile than this verse: ‘But you, O mountains of Israel, shall yield your produce and bear your fruit for My people Israel, for their return is near’ (Yeḥezkel 36:8) (San. 98a).” Rashi comments, “When Eretz Yisrael yields its fruit in abundance, the End will be near, and there is no clearer sign of the end of the exile.”

Nevertheless, many things still need to be fixed. Unfortunately, we have not yet fully repented, and many Jews have yet to immigrate to Eretz Yisrael. Despite this, the Sages taught that redemption can come in one of two ways. They interpreted the verse, “I the Lord will speed it in due time” (Yeshayahu 60:22) to means that if we achieve complete repentance, God “will speed it”; i.e., He will hasten the redemption. But if we do not repent fully, the redemption will still come “in due time,” through natural processes (San. 98a). That is, even if Israel fails to repent, when the predetermined time for redemption arrives, certain natural processes will begin to unfold. These processes will be full of complications and severe hardships, causing the Jewish people to return to their land and rebuild it. We will proceed from stage to stage in this manner, until the ultimate redemption materializes. These hardships, which stimulate the redemptive process, are called the birth-pangs of the Messiah. The more we strengthen ourselves in the mitzvotof settling Eretz Yisrael and penitence, the sweeter and more pleasant these birth-pangs will become (based on Vilna Gaon in Kol Ha-tor). Concerning this type of redemption, the Sages say, “Such is the redemption of Israel: at first little by little, but as it progresses it grows greater and greater” (y. Berakhot 1:1).

Explicit verses in the Torah and the Prophets indicate that the order of redemption is as follows. First, there will be a small degree of repentance and the Jewish people will gather in their land, which will begin to yield its fruit. Afterward, God will bestow upon us a spirit from on high, until we return to Him completely.²,” Li-netivot Yisrael, vol. 1, pp. 261-272) that the order of redemption is as follows: first there will be a small degree of repentance, with a return to Eretz Yisrael and a national revival. Then, a complete return to God will ensue. We will mention here a few of the many sources that confirm this idea. In the section dealing with repentance in Devarim 30, the Torah states that there will first be a return “to (ad) the Lord,” which refers to a minor repentance stemming from fear and harsh decrees. Afterward, the exiles will gather in Eretz Yisrael, and then a complete return “to (el) God” will take place. R. Zvi Yehuda explains, based on the teachings of his father, R. Avraham Yitzḥak Kook, that the minor repentance will manifest itself in a return to Eretz Yisrael. (This return began with a holy awakening of love, when the Ḥasidim and the students of the Vilna Gaon immigrated to Eretz Yisrael in the 1800s.) Yeḥezkel 36 also describes the redemption in this order, as does the Talmud (San. 97b). There, R. Yehoshua opines that redemption does not depend on repentance; rather, God will empower a king as cruel as Haman, and this will cause the Jews to repent, albeit only partially. R. Eliezer, who argues with R. Yehoshua on this matter, remains silent at the end of the debate, implying that he concedes the dispute. Other sources that indicate that redemption is independent of repentance include: Shemot Rabba 25; Tikunei Zohar Ḥadash; Ramban’s commentary on Devarim 32; Or Ha-ḥayimto Vayikra 25:28; R. Shlomo Eliasov’s Hakdamot U-she’arim 6:9, especially pp. 273-276, where R. Eliasov quotes some of the greatest Aḥaronim who viewed the modern-day ingathering of exiles as the beginning of the redemption. My teacher and master, Rav Zvi Yehuda Kook adds (op. cit.,**vol. 2, p. 365) that one who fails to recognize these divine acts of kindness lacks faith, and though this lack of faith sometimes wraps itself in the garb of piety and religiosity, it is actually a denial of the divine nature of the Written Torah, the words of our Prophets, and the Oral Torah. Sanhedrin 98b quotes several Amora’im who were so afraid of the terrible suffering that would occur during the era of the birth-pangs of the Messiah that they said, “Let him (the Messiah) come, but let me not see him.” See other sources in Em Ha-banim Semeiḥa by R. Y. S. Teichtal, Ha-tekufa Ha-gedola by R. M. M. Kasher, and Kol Ha-tor – reprinted at the end of R. Kasher’s book – which contains profound ideas that the Vilna Gaon revealed to his students on the topic of redemption. See also Ayelet Ha-shaḥar by R. Y. Filber, the section entitled “Shivat Tziyon Ha-shelishit.”

footnotes: ² My teacher and master, R. Zvi Yehuda Kook, explains in detail (in “Ha-medina Ke-hitkayemut Ḥazon Ha-ge’ula

Yom Ha-atzma’ut, Yom Yerushalayim, Yom Ha-zikaron, and Yom Ha-Sho’ah / Salvation of Israel

On Yom Ha-atzma’ut (Israel’s Independence Day), the Jewish people were delivered from bondage to freedom, from subjugation by foreign powers, with all it entails, to political independence. This also brought about an actual physical salvation from death: until then, we were unable to defend ourselves from the attacks of our enemies, but from that day on, thanks to God’s kindness, we have defended ourselves and triumphed over our enemies. Although the enemies who have risen up to destroy us have not yet been destroyed, ever since the establishment of the state we have had an army, thank God, so we have the power to fight back and triumph. And even though more than 20,000 holy souls have given their lives in wars and terror attacks since the establishment of the state, just a few years earlier, during the horrific Holocaust, more than six million holy Jews were killed in the span of five years – more than 300 times that amount. This is the difference between having the ability to fight back and not having that ability.

That day brought about a salvation for Diaspora Jews, as well. They now have a country that is always willing to take them in and that even acts on their behalf in the international arena. Before the state was established, almost no one paid attention when the Jews would complain about the murderous, anti-Semitic persecution that raged in many countries. After Israel gained independence, however, even the most evil regimes were forced to take into consideration Israel’s actions on behalf of the Jews living in their midst. Even Communist Russia had to relent and allow the Jews to leave from behind the Iron Curtain, something that was unfathomable before the state was established.

The establishment of the state also brought spiritual salvation to the Jews. The Jewish nation underwent a profound spiritual crisis in the modern era. The opportunity to integrate into the civil and national frameworks of developed nations, which Jews now enjoyed, generated a strong desire to assimilate. This is not the place to elaborate on the reasons for this crisis; R. Kook deals with the issue at length, discussing its various facets. Practically speaking, a dangerous process of assimilation and the abandonment of religion developed in all countries that embraced modernity. This process threatened the very existence of the Jewish communities in the Diaspora. Assimilation began approximately 200 years ago in Western Europe, spreading gradually to Eastern Europe and the capital cities of the more developed Arab countries. Today, most youths in the greater Jewish community in the United States marry outside the faith, and even those who marry Jews generally do not have many children. Under these circumstances, Diaspora Jewry is fading away. Only in Israel is the Jewish population growing, and intermarriage there is relatively rare. Moreover, the percentage of Jews connected to Torah and mitzvot in Israel is higher than that of any other Jewish community in the world. This spiritual salvation came about in the merit of the establishment of the state, which enabled the ingathering of the exiles and diminished the temptation of assimilation.

Thus, Yom Ha-atzma’ut is invested with three sanctities: the sanctity of the mitzva of settling Eretz Yisrael; the sanctity of the beginning of the redemption, which created a kiddush Hashem in the eyes of the nations; and the sanctity of the salvation that the establishment of the state brought for the Jewish people.

Yom Ha-atzma’ut, Yom Yerushalayim, Yom Ha-zikaron, and Yom Ha-Sho’ah / The Three Oaths

The verse states: “I adjure you, O maidens of Jerusalem, by gazelles or by hinds of the field: Do not wake or rouse love until it please!” (Shir Ha-shirim 2:7). The Sages explain that God administered three oaths: two to Israel – not to ascend to their land forcefully all together (lit. “on a wall”) and not to rebel against the nations – and one to the gentiles – not to subjugate the Jews excessively (Ketubot 111a). Afterward, the Gemara adds three other oaths that God administered to the Jews: “That they will not reveal the End of Days, that they will not delay the End, and that they will not reveal the secret to the idolaters.” Furthermore, “R. Elazar says: The Holy One, blessed be He, said to Israel, ‘If you fulfill the oath, well and good; but if not, I will allow your flesh [to be devoured] like [that of] the gazelles and the hinds of the field.’”

R. Yitzḥak de Leon, author of Megilat Esther, understands the oaths to mean that “we may not rebel against the nations and conquer Eretz Yisrael by force,” and this is what the Sages meant when they stated that we may not ascend “on a wall.” Based on this, he concludes that there is no mitzva to settle Eretz Yisrael until the Messiah arrives (gloss on Ramban’s addendum to Sefer Ha-mitzvot, Positive Commandment 4).

However, the rest of the great Rishonim and Aḥaronim maintain that the mitzva of settling Eretz Yisrael is fixed and eternal, as Ramban states and as Shulḥan Arukh (EH 75:3-5), and Pitḥei Teshuva (EH 75:6) assert. Thus, one should not infer from this aggadic statement that the mitzva of settling Eretz Yisrael no longer applies.

Many interpretations have been given for the three oaths. Several of them imply that we must not precipitate the End of Days by ascending to the land by force, without first considering the matter realistically. Indeed, there is reason to fear that, because of the hardships of exile and the protracted period of longing for redemption, people will ascend to Eretz Yisrael impetuously, without any practical means by which to build the land and defend themselves against the nations of the world. This will lead to destruction and crisis instead of the beginning of the redemption. Therefore, God made us swear that we will not attempt to return before carefully calculating our actions. Rather, we should ascend and build the land gradually, in coordination with the nations of the world, or by way of manifest miracles, if we deserve the “I will speed it” form of redemption.

Indeed, the modern return to Zion occurred gradually. The Jewish community in Eretz Yisrael established itself through small steps, while the Zionist Organization simultaneously engaged in diplomatic efforts, until the world recognized the Jewish people’s right to return to their land and build a national home there. Accordingly, after the League of Nations agreed, at the San Remo conference, to return Eretz Yisrael to the Jewish people, R. Meir Simḥa of Dvinsk wrote that “the fear of the oaths has departed.”³, p. 175. We will mention a few of the sources. Rashi explains the Gemara’s statement “They shall not go up as a wall” to mean, “Together, with a strong hand.” Avnei Nezer, YD 453, states that if the Jews ascend to Eretz Yisrael with the permission of the nations, it is not considered “with a strong hand.” R. Yisakhar Shlomo Teichtal concurs in Em Ha-banim Semeiḥa, pp. 226-228 (English edition), adding that when the Jews in exile encounter great suffering, it is a heavenly sign that they must ascend to Eretz Yisrael (see the index there). R. Zvi Yehuda Kook explains this principle briefly in Li-netivot Yisrael, vol. 2, pp. 274-275. The entire comprehensive work of R. M. M. Kasher, Ha-tekufa Ha-gedola, is filled with sources for the mitzva of settling Eretz Yisrael and the beginning of the redemption, as well as explanations of the three oaths; see pp. 175-176, 273ff. Even if one wants to explain the oaths differently, the rule is that we do not derive halakha from aggadic statements (Avnei Nezer, YD 454). Hence, Rif, Rosh, and all the other early halakhic commentators on Ketubot do not mention the three oaths. On the contrary, they write that there is a mitzva to ascend to Eretz Yisrael. Likewise, Rambam and SA do not mention the oaths in their works. Pnei Yehoshua (on Ketubot 111a) points out that Yoma 9b implies the opposite – that the redemption did not come because the Jews did not ascend as a wall. And since these two aggadic sources contradict each other, we must understand them in some other, non-halakhic way. According to Sefer Hafla’ah (Ketubot, loc. cit.), the “wall” only relates to the immigration to Eretz Yisrael from Babylonia. The Vilna Gaon writes in his commentary to Shir Ha-shirim that the oaths relate to the construction of the Temple, warning us not to be overly eager and build it without divine authorization, given through a prophet. According to R. Tzadok Ha-Kohen of Lublin (Divrei Sofrim §14), even Megilat Esther would agree that there is a mitzva to settle Eretz Yisrael nowadays. For a comprehensive treatment of this issue, see Naḥalat Yaakov by R. Yaakov Zisberg, vol. 2, pp. 715-815

footnotes: ³ The full quote is cited in Ha-tekufa Ha-gedola

Yom Ha-atzma’ut, Yom Yerushalayim, Yom Ha-zikaron, and Yom Ha-Sho’ah / Establishing Yom Ha-atzma’ut as a Permanent Holiday

There is a mitzva to establish a holiday of rejoicing and praising God on a day when the Jewish people were saved. It was on this basis that the Sages established Purim and Ḥanuka as permanent holidays. Even though one may not add mitzvot to the Torah, this mitzva is derived from a kal va-ḥomer(a fortiori argument): When we left Egypt and were delivered from slavery, God commanded us to celebrate Pesaḥ and sing praise to Him every year; all the more so must we celebrate Purim, when we were saved from death (Megilla 14a). This principle served as the Sages’ basis for establishing Ḥanuka as well (Ritva ad loc.). Ḥatam Sofer explains (end of YD 233, OḤ 208) that since this mitzva is derived from a kal va-ḥomer, it is considered a Torah commandment. However, the Torah does not prescribe exactly how to establish a holiday; therefore, one who does anything to commemorate the salvation fulfills his Torah obligation. It was the Sages who determined that we read the megilla, conduct a festive meal, send mishlo’aḥ manot(gifts of food) to others, and give charity to the poor on Purim, and light candles on Ḥanuka.

Many Jewish communities throughout the ages kept this mitzva, instituting days of joy in commemoration of miracles that they experienced. Many of them included the word “Purim” when naming these days, like “Purim Frankfurt” and “Purim Tiberias.” Some communities had a custom to eat festive meals, send mishlo’aḥ manotto one another, and give charity to the poor on these days. Maharam Alashkar writes that the enactments that these communities made have binding force, obligating all of their descendants to keep them, even if they move to a new community (Responsa Maharam Alashkar§49). Other Aḥaronim concur (MA and Eliya Rabba 686:5).⁴ (OḤ 496, Kuntres Ha-minhagim 14) disagrees with Maharam Alashkar, stating that we may not establish new holidays after the destruction of the Temple, when the Sages canceled the holidays enumerated in Megilat Ta’anit. However, Ḥatam Sofer, OḤ 191, demonstrated that we should create new holidays; the fact that the Sages canceled the holidays mentioned in Megilat Ta’anit is no proof, since they canceled only the holidays that were connected to the Temple. Ḥatam Sofer adds that he himself celebrates “Purim Frankfurt” (or “Purim Winz”) on the twentieth of Adar, because he was born in Frankfurt, even though he had since moved elsewhere. It is also well known that Rambam established holidays for himself and his offspring in commemoration of salvations that he experienced – for example, surviving a storm at sea. A similar account is found in Ḥayei Adam 155:41. Yaskil Avdi OḤ 7:44:12 cites many examples of the institution of “Purim” days in various communities and consequently rules (vol. 8, omissions 4) that we may establish Yom Ha-atzma’ut as a holiday. Two more important sources on this issue from the Rishonim are: Ibn Ezra, Bamidbar 10:10; Rabbeinu Tam, cited in Tosafot Ri (Berakhot 8a in the Rif pages).

footnotes: ⁴ Pri Ḥadash

The great sage R. Meshulam Rath writes: “There is no doubt that we are commanded to rejoice, establish a holiday, and recite Hallel on the fifth of Iyar, the day that the government, the members of the Knesset [who were chosen by the majority of the people], and most of the greatest rabbis established as the day on which to celebrate, throughout the land, the miracle of our salvation and freedom” (Responsa Kol Mevaser 1:21).⁵ 1:21:2-3, R. Meshulam Rath (who R. Zvi Yehuda Kook said was the generation’s greatest sage after the passing of R. Avraham Yitzḥak Kook) explains – based on Ramban, Ritva, and other Rishonim and Aḥaronim – that the foundation of the mitzva to establish Yom Ha-atzma’ut as a holiday is the kal va-ḥomer mentioned above. Therefore, establishing it was not a violation of bal tosif(adding to the laws of the Torah), since the prohibition against inventing a holiday refers only to holidays that do not commemorate a salvation. Based on this kal va-ḥomer, however, we are obligated to institute holidays that commemorate salvations. R. Roth adds that a prophet may not establish a new holiday based on prophecy. In the case of Purim was it necessary to produce a special scriptural exposition (Megilla 7a), only in order to canonize the book of Esther as part of Scripture. It is worth noting R. Meshulam Rath’s reliable statement that Yom Ha-atzma’ut was instituted by the majority of the greatest rabbis. (Although they disputed whether one should recite Hallel with a berakha, most of the greatest rabbis agreed on the basic obligation to give thanks and rejoice.) And when Ḥatam Sofer, OḤ 191, s.v. “mihu,” writes that one might violate the prohibition of bal tosif by establishing a holiday for all of Israel, he merely means that one may not establish a national holiday to commemorate a miracle that happened to one Jewish community. However, when the entire Jewish people experienced a miracle, we are obligated to establish a holiday for all of Israel. See also R. Nahum Rackover’s Hilkhot Yom Ha-atzma’ut Ve-Yom Yerushalayim, which includes articles on the mitzva to establish a holiday on Yom Ha-atzma’ut written by the chief rabbis of Israel and other great Torah scholars. Some have asked why Yehoshua neglected to establish a holiday to celebrate the conquest of Eretz Yisrael. The answer is that the festival of Pesaḥ commemorates both the redemption from Egypt and Israel’s subsequent entry into Eretz Yisrael. This corresponds to the fifth expression of redemption. Alternatively, R. Tzadok Ha-Kohen of Lublin (Pri Tzadikon Tu Be-Av) posits that the holiday of Tu Be-Av (the fifteenth of Av) was established to commemorate this event. Also, see below, n. 7.

footnotes: ⁵ In his Responsa Kol Mevasser

Yom Ha-atzma’ut, Yom Yerushalayim, Yom Ha-zikaron, and Yom Ha-Sho’ah / Reciting Hallel

It is a mitzva to recite Hallel on special occasions, in order to thank and praise God for the miracles He performs on our behalf. First and foremost, we recite Hallelon the festivals that the Torah commands us to observe: Pesaḥ, Shavu’ot, and Sukkot, when we remember the miracles and acts of kindness that God performed for us when He took us out of Egypt, gave us the Torah, and brought us through the wilderness to Eretz Yisrael.

The Sages also instituted the recitation of Hallel on all eight days of Ḥanuka, as the beraita states: Why did they see fit to require us to recite the complete Hallel on these days? To teach us that for every salvation God performs for Israel, they (the Jews) come before Him in song and praise. Accordingly, it says in the book of Ezra, “They responded with praise (hallel)**and thanks to the Lord: ‘For He is good….’” (Megilat Ta’anit, ch. 9)

Similarly, the Talmud states that after the miracle of the splitting of the Red Sea: The prophets among them instituted that the Jews should recite Hallel at every episode and for every trouble that does not befall them, and when they are redeemed they should recite it over their redemption. (Pesaḥim 117a) Rashi explains that the Sages of the Second Temple era relied on this principle to institute the recitation of Hallel on Ḥanuka.

It follows that we must recite Hallel over the miracle that God performed for us on Yom Ha-atzma’ut. On that day we were saved from the worst hardship of all, that of exile and subjugation to foreigners, which caused all of the terrible suffering and massacres that we experienced for nearly 2,000 years.⁶ 10:6, we read that Hallel should be recited on such occasions: “When the Holy One, blessed be He, performs miracles for you, you should sing songs of praise” – meaning, you should recite Hallel. Shemot Rabba 23:12, commenting on the Song of the Sea, concurs: “‘They said (lit. “they said, saying”)’ (Shemot 15:1) – We will say to our children, and our children to their children, that when You perform miracles for them, they should sing a song like this one before You.” The Talmud (Megilla 14a) asks why we do not recite Hallel on Purim and offers three answers: 1) From the moment the Jews first entered Eretz Yisrael, we do not recite Hallel on miracles that occur outside Eretz Yisrael; 2) R. Naḥman maintains that we read Megilat Esther in place of Hallel; 3) Rava states that we do not recite Hallel on Purim because we remained subjugated to Aḥashverosh. The miracle of Yom Ha-atzma’ut occurred in Eretz Yisrael and freed us from our subjugation to other nations. Therefore, according to all opinions, we must recite Hallel. The poskim dispute whether the obligation to recite Hallel on days the Jews were saved from distress is mandated by Torah law or rabbinically. Behag and other Rishonim maintain that it is a Torah obligation. (Until King David’s time, no specific formula for praising God had yet been instituted; everyone would compose his own, private thanksgiving prayer. After David composed the book of Tehilim, however, the prophets ordained that we recite specific chapters of Tehilim in order to fulfill the mitzva of praising and thanking God.) According to Rambam, the whole concept of reciting Hallel – whether on the festivals recorded in the Torah or in commemoration of the salvations that God performed for the Jews – is a rabbinic mitzva. Netziv posits (She’iltot 26:1) that reciting Hallel at the time a miracle occurs, as the people of Israel did when they sang the Song of the Sea, is a Torah commandment, while reciting it every year thereafter is a rabbinic mitzva. Ḥatam Sofer, OḤ 208, s.v. “u-mikol makom,” implies that the Torah commandment exists every year (also see end of YD 233).

footnotes: ⁶ In y. Pesaḥim

We must be very careful not to deny God’s benevolence, as the Sages say, “Whoever acknowledges a miracle done on his behalf will be privileged to have another miracle done for him.” Conversely, if we neglect to thank God, we will delay the redemption, God forbid. The Talmud relates that King Ḥizkiyahu was a very righteous man who spread Torah extensively throughout Israel, but difficult times eventually beset him. King Sennacherib of Assyria besieged Jerusalem with a mighty army, intending to destroy it, and Ḥizkiyahu fell deathly ill. Nevertheless, he did not lose faith; instead, he cried out to God, who performed a great miracle on his behalf, curing his illness and destroying Sennacherib’s entire army in one night. At that moment, God wanted to declare Ḥizkiyahu the Messiah, consider the war against Sennacherib the apocalyptic war of Gog and Magog, and bring redemption to the world. But Ḥizkiyahu did not sing songs of praise, i.e., Hallel, over his redemption. The heavenly attribute of justice said to God, “Master of the Universe, if You did not make King David of Israel, the Messiah, even though he uttered so many songs and praises before You, will You make Ḥizkiyahu the Messiah, seeing that he failed to sing songs of praise after You performed all of these miracles for him?” Therefore, the matter was sealed, and great sorrow spread throughout all the worlds. The earth wanted to sing songs of praise in Ḥizkiyahu’s stead, and the “minister of the world” wanted to defend him, but their pleas were rejected; the opportunity was lost. The prophet said, “Woe to me! Woe to me! Until when?” (San. 94a).

The same is true of us. For many generations we prayed, “Raise high the banner to gather our exiles” and “Swiftly, lead us upright to our land.” Now that our prayers have been answered, shall we not thank God? Similarly, it says, “Save us, Lord our God, and gather us from among the nations, that we may give thanks to Your holy name and glory in Your praise” (Tehilim 106:47). Now that He has gathered us, shall we not thank His holy name and sing His praise?

*Yom Ha-atzma’ut, Yom Yerushalayim, Yom Ha-zikaron, and Yom Ha-Sho’ah / Reciting a Berakhaon Hallel*

Some say that even though we thank God on Yom Ha-atzma’ut, we should not recite Hallel with a berakha. They mention five main reasons: 1) Based on several Rishonim, Ḥida maintains that Hallel is recited with a berakha only when all of Israel experiences a miracle, and when Israel declared its independence only a minority of world Jewry was living in Eretz Yisrael; 2) We should give thanks only for a complete salvation, and our enemies still threaten us on all sides; 3) The spiritual state of the country’s leaders and many of its citizens 4) It is proper to show deference to the opinion that maintains that Hallel should be said only when a revealed miracle occurs, like the miracle of the oil on Ḥanuka, not on a natural miracle like the establishment of the state; 5) It is uncertain whether the day of thanksgiving should be set for the day Israel declared independence (the fifth of Iyar), the day the War of Independence ended, or the day the United Nations decided to establish a Jewish State (the sixteenth of Kislev, or November 29).

Because of all or some of these concerns, the Chief Rabbinate Council originally prescribed that one recite Hallel without a berakha during Shaḥarit on Yom Ha-atzma’ut. Over the course of the next 26 years, however, Israel’s situation improved dramatically. We were privileged to liberate Judea and Samaria in the Six-Day War, and we even came out of the Yom Kippur War with a great victory, despite the adverse turn of events at the start of the war. More than three million Jews already resided in the land, five times the number that lived there at the State’s inception in 1948. Therefore, on the 25th of Nisan, 5734 (1974), the Chief Rabbinate Council assembled once again – at the initiative of the Ashkenazic Chief Rabbi, R. Shlomo Goren – to discuss the issue of Hallel on Yom Ha-atzma’ut. They decided, by majority vote, that a strong case can be made in favor of reciting the full Hallel with a berakha on Yom Ha-atzma’ut morning. On this basis, it was the practice of my teacher and master, R. Zvi Yehuda Kook, to recite Hallel with a berakha at Yeshivat Mercaz HaRav, and all of his students follow this practice as well.

In response to the claim that Hallel may be recited only on a miracle that affects all of Israel, the council explained that the establishment of the state constituted a salvation for all of Israel (as explained above, section 3). In addition, the residents of Eretz Yisrael are considered the entirety of Israel. The day when independence was declared was specifically chosen as the day of thanksgiving because it was the foundation for the deliverance and salvation that took place.⁷ with a berakha on Yom Ha-atzma’ut immediately after the State was established. He writes: “The leaders who chose this day in particular were correct, for that was when the main miracle occurred, when we went from bondage to freedom by declaring independence. Had we postponed this declaration for a different day, we would have missed the opportunity and we would not have attained the recognition and consent of the world’s major powers, as is well known. This miracle also brought in its wake the second miracle: being saved from death, both in terms of our war against the Arabs in Eretz Yisrael and the salvation of the Diaspora Jews who immigrated to the land. This led to the third miracle: the ingathering of the exiles” (Kol Mevaser1:21). My teacher and master, R. Zvi Yehuda Kook, explains further (Li-netivot Yisrael, vol. 1, pp. 248-249) that the courage displayed in declaring the state was miraculous in its own right; see BM 106a and Tosafot ad loc. However, R. Ovadia Hadaya (Yaskil Avdi OḤ 6:10) – although agreeing fully that the establishment of the State was the beginning of the redemption – cites Ḥida in Ḥayim Sha’al 2:11 as saying that Hallel should be recited only over a miracle that happened to all of Israel, adding that the salvation of 1948 was not complete. Furthermore, he asserts that no miracle happened on Yom Ha-atzma’ut itself; on the contrary, the war intensified. R. Hedaya was also uncertain of the appropriate date on which to establish the holiday: perhaps the day of the cease-fire is most appropriate, or the sixteenth of Kislev (November 29), when the United Nations confirmed the Jewish people’s right to a state. To avoid disrupting the order of our prayers, which contains deep meaning and significance, R. Hedaya concludes that one should recite Hallel without a berakha after the conclusion of Shaḥarit. R. Ovadia Yosef (Yabi’a Omer OḤ 6:41) agrees that we should omit the berakha, because the miracle did not happen to all of Israel**and because we still have a long way to go before reaching a state of peace and security, from both a political-military and spiritual standpoint. R. Yosef Messas (Otzar Ha-mikhtavim 3:1769) maintains that one should recite the full Hallel (with a berakha). R. Shalom Messas felt that one should recite the berakha, but when he heard R. Ovadia Yosef’s opinion he ruled that one who already has a custom to recite the berakha should continue to do so, while one who does not have such a custom should refrain from reciting the berakha (Shemesh U-magen 3:63, 66). My teacher and master, R. Shaul Yisraeli, maintains that one should recite the Hallel without a berakha. Former Chief Rabbis R. Avraham Shapiro and R. Mordechai Eliyahu, concur, but R. Shapiro agrees that one who wants to recite the berakha, in accordance with his custom, may do so (cited in Ha-Rabbanut Ha-Rashit, vol. 2, pp. 901-903). Those who maintain that one should recite Hallel with a berakha explain that the miracle actually did happen to all of Israel, as R. Rath writes (above). According to them, even Ḥida would agree that one should recite the berakha. Furthermore, the residents of Eretz Yisrael are considered the entirety of Israel. This is how R. Shlomo Goren and R. Yehuda Gershuni explain the matter (their position is cited in Hilkhot Yom Ha-atzma’ut Ve-Yom Yerushalayim). Yabi’a Omer loc. cit. 3 states that the Jews of Eretz Yisrael are considered the entirety of Israel only for specific issues. R. Uri Sherki rebuts this claim in his Siddur Beit Melukha (Ba Orekh, sec. 2). Regarding the claim that we should not recite the berakhabecause the salvation was incomplete, we can learn from Ḥanuka that this is irrelevant. After all, the Jews at the time observed the holiday after their first victory, even though they needed to fight many more difficult battles over the next few decades (see below 11:3). They would establish a holiday after every subsequent victory (see below 11:1). Moreover, when the wars finally ended, Hellenism had already spread throughout the Hasmonean Empire (see below 11:4). It is implausible to say that the Sages instituted Ḥanuka only in commemoration of the miracle of the oil, as the first day of Ḥanuka is observed in celebration of the military victory. Furthermore, the kal va-ḥomer that is cited to support the very foundation of our observance of Yom Ha-atzma’ut relates to the salvation, not the miracle. The fact that many holy soldiers have been killed does not preclude the recitation of Hallel; after all, more fighters were killed in the Hasmonean wars, and they nevertheless established a holiday. In addition, we have at least as much geo-political independence as the Hasmoneans did. R. Goren substantiates his position that it is a mitzva to recite Hallel with a berakha in his work Torat Ha-mo’adim, as does R. Natan Zvi Friedman in Responsa Netzer Mata’ai §36. This is also the opinion of R. Ḥayim David Halevi in Dat U-medina, p. 82. Quoting testimony by R. Yehuda Ushpizai, R. Shmuel Katz writes in his work Ha-Rabbanut Ha-Rashit (vol. 2, p. 841, n. 33) that Chief Rabbis Yitzḥak Herzog and Ben-Zion Uziel believed that it was appropriate to recite Hallel with a berakha from the moment the state was established, but since they were told that Ḥazon Ish and other rabbis strongly opposed this, they refrained from issuing such a ruling, so as not to increase strife. R. Katz cites R. Shlomo Yosef Zevin as saying that this is cause for eternal weeping: that due to external intervention by rabbis who were not members of the Chief Rabbinate Council, the chief rabbis did not rule immediately when the state was established in favor of reciting Hallel with a berakha (loc. cit. p. 890 n. 6). Similarly, R. She’ar Yashuv Cohen relates that his father, R. David Cohen (known as “the Nazir”), maintained that one should recite Hallel with a berakha, but since his opinion was not accepted, he did not recite the berakha, explaining: “I am missing the ve-tzivanu (‘and commanded us’) of the Chief Rabbinate.” It is worth citing here part of a sermon that my teacher and master, R. Zvi Yehuda Kook, delivered on Israel’s nineteenth Yom Ha-atzma’ut, when the Chief Rabbinate had not yet instructed the public to recite a berakha on Hallel: An important man approached me and asked why our rabbis do not permit us to recite Hallel with a berakha on Yom Ha-atzma’ut. I answered that the Rabbinate’s decision is balanced and correct. The Chief Rabbinate’s edicts are made for the entire population, and – unfortunately and disgracefully – many of our people do not acknowledge God’s great deeds as revealed in the reestablishment of Jewish sovereignty in Eretz Yisrael. And since they lack this belief, they lack the joy that goes along with it and we cannot obligate them to recite a berakha. This can be compared to the berakha a person recites upon seeing a long-lost friend: If he is happy to see his friend, he recites the berakha, but if he feels no joy, he does not recite it. R. [Yehuda Leib] Maimon, who was totally dedicated to the rebuilding of God’s nation and territorial inheritance, was filled with the joy of faith when the state was born. He therefore instituted the recitation of Hallel with a berakha in his synagogue. The same is true of other, similar places, like the army and the religious kibbutzim. However, the all-inclusive Chief Rabbinate cannot issue a comprehensive ruling for the entire population, instructing them to recite a berakha, when many people are not ready for this. In our central yeshiva (Yeshivat Mercaz HaRav), we follow the Rabbinate’s ruling, because we are not some kloyz (private house of study) of a specific group. We belong to the concept of the entirety of Israel, which is centered in Jerusalem, and since – painfully and shamefully – there are currently obstacles preventing the public as a whole from attaining full faith and joy…it is appropriate that we, too, act in accordance with the Rabbinate’s ruling for the general public. (Li-netivot Yisrael, vol. 2, pp. 359-360) After the Six-Day War, R. Zvi Yehuda bemoaned the fact that the Rabbinate did not immediately institute the recitation of Hallel with a berakha on Yom Ha-atzma’ut. When R. Goren did so after Israel was victorious in the Yom Kippur War, R. Zvi Yehuda was elated, and this became the custom of Yeshivat Mercaz HaRav. Even though various events have occurred since then – ups and downs – and the Chief Rabbinate does not have the same status as it once had, nonetheless, the recitation of Hallel with a berakha was already established, and this is the practice of R. Zvi Yehuda’s students.

footnotes: ⁷ According to R. Meshulam Rath, it would have been appropriate to institute the recitation of Hallel

Yom Ha-atzma’ut, Yom Yerushalayim, Yom Ha-zikaron, and Yom Ha-Sho’ah / She-heḥeyanu and Hallel at Night

According to R. Meshulam Rath, since Yom Ha-atzma’ut is a holiday on which Israel was saved, it is appropriate to recite the berakhaof She-heḥeyanu on the day, as we do on all our holidays, including Purim and Ḥanuka. He believes, however, that the obligation to recite She-heḥeyanu depends on one’s level of joy. Therefore, one who is not particularly happy may recite the berakha but is not obligated to do so, while one who enjoys and is happy about the establishment of the State is obligated to recite She-heḥeyanu on Yom Ha-atzma’ut.

Many others maintain that one should not recite She-heḥeyanu on Yom Ha-atzma’ut, because the Sages instituted the recitation of this berakha only for holidays on which one may not do work, like the three festivals, Rosh Ha-shana, and Yom Kippur. The reason we recite She-heḥeyanu on Ḥanuka and Purim, on which work is not prohibited, is that we perform special mitzvot on these days: we read the megilla on Purim and light candles on Ḥanuka. The berakha does not pertain to the very essence of the day, as one only recites She-heḥeyanu over the essence of a holiday if work is prohibited on that day.

One who wants to go above and beyond and satisfy all opinions should wear a new garment and recite She-heḥeyanu on it, having in mind that the berakha applies to the holiday as well. If he is the ḥazan, it is best to recite the berakha on the garment right before Hallel. This way, the listeners can also fulfill their obligation.⁸ 1:21. MB concurs in his BHL (692, s.v. “She-heḥeyanu”), writing that one recites She-heḥeyanu over the essence of a holiday, even if work is not prohibited. R. Rath adds that it is preferable to recite the berakha before the recitation of Hallel, as then it might be considered a berakha over the mitzva, like the She-heḥeyanu we recite before lighting the candles on Ḥanuka. He also relies on the opinion of Baḥ and others, who maintain that the principle that we rule leniently in a case of uncertainty regarding berakhot (i.e., one omits the berakha) does not apply to She-heḥeyanu. Ḥatam Sofer, OḤ 55, adds that in any case of uncertainty involving She-heḥeyanu, one must recite the berakha if he knows that he is happy. R. Goren concurs in Torat Ha-mo’adim, as does Mishpetei Uziel, OḤ 3:23. On the other hand, Yaskil Avdi 6:10 writes that one should not recite She-heḥeyanu on Yom Ha-atzma’ut, for the reasons stated above. He is also uncertain whether the miracle took place specifically on Yom Ha-atzma’ut. R. Ovadia Yosef writes the same in Yabi’a Omer 6:42, quoting many poskim who maintain that the principle that we rule leniently in a case of uncertainty regarding berakhot applies to She-heḥeyanu as well. This is also Beit Yosef’s opinion, and, according to Rambam, reciting a berakha le-vatala is prohibited by Torah law. R. Moshe Zvi Neriya agrees that one should not recite She-heḥeyanu on Yom Ha-atzma’ut.

footnotes: ⁸ R. Meshulam Rath’s position is found in Responsa Kol Mevaser

Some maintain that the salvation of Yom Ha-atzma’ut is similar to that of the Exodus from Egypt, and thus we must recite Hallel at night. This was R. Shlomo Goren’s custom, and some communities follow this practice. However, many authorities maintain that the practice**of reciting Hallel on the night of Pesaḥ is a unique law, and we cannot invoke this law to support following this practice on other holidays. The proof for this is that we recite Hallel on the other holidays during the day alone. Therefore, one should not recite Hallel on the night of Yom Ha-atzma’ut. This is the practice of most of R. Zvi Yehuda Kook’s students.⁹. See R. Shmuel Katz’s article “Ha-Rabbanut Ha-Rashit Ve-Yom Ha-atzma’ut” (sec. 4, nn. 7, 8, 17, 18). A book titled Ke-lavi Shakhen, in memory of Gad Ezra, Hy”d, contains articles on this issue: one by R. Sherki, who supports reciting Hallel at night; and one by R. Yaakov Ariel, who opposes it. R. Moshe Zvi Neriya expressed this view before R. Ariel did (see Kovetz Hilkhot Yom Ha-atzma’ut Ve-Yom Yerushalayim), quoting several reasons why Hallel is recited specifically on Pesaḥ night, none of which are relevant to Yom Ha-atzma’ut. R. Ariel Edri concurs in a booklet called Shaḥar Ahaleleka. According to R. Hai Gaon, it seems that we recite Hallel on the first night of Pesaḥ because one must view himself as if he is actually leaving Egypt that night. Consequently, he must sing praise as the miracle occurs, an element that does not apply to any other holiday. Most rabbis accept this viewpoint, especially since prior to R. Goren’s tenure as Chief Rabbi, everyone agreed that Hallel pertains to the day alone. And when R. Goren publicized his ruling that Hallel should be recited at night, it stirred a dispute, and it is unclear whether the Chief Rabbinate Council agreed with his ruling. In practice, R. Zvi Yehuda Kook instructed his students at Yeshivat Mercaz HaRav to recite Hallel at night, in accordance with R. Goren’s ruling. However, it seems that he personally disagreed. Later on, when R. Avraham Shapiro became Chief Rabbi, the yeshiva stopped reciting Hallel at night. Most of R. Zvi Yehuda’s students follow this practice.

footnotes: ⁹ R. Goren’s position is found in Torat Ha-Shabbat Ve-hamo’ed

Yom Ha-atzma’ut, Yom Yerushalayim, Yom Ha-zikaron, and Yom Ha-Sho’ah / Celebrating Yom Ha-atzma’ut on a Different Date

The fifth of Iyar can fall out on a Monday, Wednesday, Friday, or Shabbat. When it falls out on a Friday or Shabbat, there is good reason for concern that the celebrations and ceremonies will cause public desecration of Shabbat. Therefore, it was decided – at the request of the Chief Rabbinate – that whenever the fifth of Iyar falls out on a Friday or Shabbat, Yom Ha-atzma’ut is celebrated on the preceding Thursday (the third or fourth of Iyar). Eventually, it became apparent that even when Yom Ha-atzma’ut falls out on a Monday, this still causes Shabbat desecration. Since Yom Ha-zikaron (Memorial Day), which takes place the day before Yom Ha-atzma’ut, begins on Saturday night in this case, this causes many Jews to desecrate Shabbat in preparing for Yom Ha-zikaron. Therefore, it was decided – again at the request of the Chief Rabbinate – that both of these holidays would be postponed by a day, such that Yom Ha-zikaron would be observed on the fifth of Iyar and Yom Ha-atzma’ut on the sixth of Iyar. In practice, then, on three of the four days on which Yom Ha-atzma’ut can potentially fall, we celebrate it either before or after its genuine date.

We find a similar concept in the laws of other holidays. Out of concern that one might carry a shofar or lulav through reshut ha-rabim(the public domain) on Shabbat, the Sages canceled these mitzvot on Shabbat. Therefore, when Rosh Ha-shana falls out on Shabbat, we do not blow the shofar that day, and when the first day of Sukkot falls out on Shabbat, we do not take the lulavthat day. Thus, the Sages canceled Torah commandments in order to avoid Shabbat desecration. Despite this, we may not change the actual date of a holiday since it is written explicitly in the Torah. The date of a rabbinically ordained holiday, however, may be moved. For example, when Purim falls out on Shabbat, we read the megilla and give gifts to the poor on Friday, read the special Torah reading and recite Al Ha-nisim on Shabbat, and eat a festive meal and send mishlo’aḥ manot to others on Sunday (SA**688:6, MB *ad loc.*18; below 17:5). And when Tisha Be-Av falls out on Shabbat, we postpone the fast until Sunday (see SA**551:4, 554:19).

The same is true of Yom Ha-atzma’ut; it all depends on how the holiday was instituted. Whichever day the representatives of the people and the Chief Rabbinate decide is the day to celebrate the establishment of the State is the day when we must thank God for His salvation.¹⁰ on the fifth of Iyar when it falls out on**Shabbat, reasoning that whatever festive practices do not entail Shabbat desecration should be observed in their proper time, as is the case on Purim (Torat Ha-Shabbat Ve-hamo’ed). Nevertheless, all the other rabbis maintained that no distinction should be made, as R. Yaakov Ariel explains in Be-ohalah shel Torah §73. R. Ariel states that it seems we should omit Taḥanun on the fifth of Iyar (if it falls on a Friday), just as Tisha Be-Av retains its status with regard to certain laws even when it falls out on Shabbat (ibid.). He concludes that if the fifth of Iyar falls out on Shabbat, we still recite Av Ha-raḥamim, because of the misfortunes that occurred in Iyar. It seems to me that we should, nevertheless, omit Tzidkatekha from the Minḥa service. It also seems – and so decided the Chief Rabbinate in 2004 – that when the fifth of Iyar falls on a Monday, meaning that Yom Ha-atzma’ut is pushed off to Tuesday, we do not recite Taḥanun on Monday. In his work Ha-Rabbanut Ha-Rashit (pp. 898-899), R. Shmuel Katz explains that even R. Goren originally maintained that Hallel should be recited on the day that was chosen for the general celebrations, as opposed to Shabbat. He changed his mind only later, in 1981. In n. 33, R. Katz relates, in the name of R. Yitzḥak Alfasi, that in 2001 the members of R. Goren’s synagogue, Komemiyut Avraham, followed the prevalent custom not to recite Hallel on Shabbat, because some heard from R. Goren that the general public did not accept his ruling on this matter. Rav Kook writes in Mitzvat Re’iyah, OḤ 688:1 that the Sages instituted two days of Purim in order to distinguish between a Torah commandment, which has one fixed time for everyone, and a rabbinic commandment, which is observed at different times in different locations. Perhaps this explains why the Sages instituted two levels of mehadrin observance with regard to lighting Ḥanuka candles, a feature that is not found in relation to Torah commandments, whose laws are fixed. Based on this, we can state that it is fitting for Yom Ha-atzma’ut not to have a fixed date, seeing that it is a rabbinic enactment.

footnotes: ¹⁰ This has been the Chief Rabbinate’s position throughout its history. It is true that, in 1981, R. Shlomo Goren believed that one should recite Hallel

It is interesting to note that the actual declaration of Israel’s independence took place earlier than originally planned, in order to prevent Shabbat desecration. The British Mandate ended on Friday night at midnight, but the heads of the People’s Council did not want to declare statehood through Shabbat desecration, so they moved the declaration up to Friday afternoon, the fifth of Iyar.

Yom Ha-atzma’ut, Yom Yerushalayim, Yom Ha-zikaron, and Yom Ha-Sho’ah / Yom Yerushalayim

With God’s help, the Jewish nation achieved an extraordinary victory over its enemies in the Six-Day War. The war began on three fronts, and in the span of just six days, Israel utterly shattered its enemies’ military strength and dealt them a total defeat. At the same time, all the holy places in Judea and Samaria – most significantly the Old City of Jerusalem and the Temple Mount – were liberated, along with the Sinai Peninsula and the Golan. Anyone who viewed these events honestly and had even the slightest spark of faith in his heart saw clearly the words of our holy Torah, “Since the Lord your God moves about in your camp to protect you and to deliver your enemies to you” (Devarim 23:15). This great victory was truly a manifest miracle.

In order to thank God and publicize the miracle, the Chief Rabbinate – headed by R. Isser Yehuda Unterman and R. Yitzḥak Nissim – ordained the 28th of Iyar, the day on which the Old City and the Temple Mount were liberated, as a day of thanksgiving and joy for all of Israel, on which Hallel is recited, with a berakha, after Shaḥarit. R. Shlomo Yosef Zevin and R. Shaul Yisraeli also participated in and supported this decision.¹¹, vol. 2, especially pp. 974-5. For the exact wording of the Chief Rabbinate’s decision, see Hilkhot Yom Ha-atzma’ut Ve-Yom Yerushalayim, p. 387. A responsum from R. Unterman is cited on p. 125, which discusses the great importance of the mitzva to publicize a miracle. This mitzva is possibly even more important than that of reciting the Shema; we even interrupt Torah study on Purim to participate in reading the megilla, in order to publicize the miracle. There, R. Unterman also expands upon the mitzva of establishing a holiday on a day when the Jews were delivered from distress. R. Meir Kaplan writes likewise (loc. *cit.*p. 204). R. Seraya Deblitzky also writes of the need to establish a day of thanksgiving for the Six-Day War (*loc. cit.*p. 61). According to R. Ovadia Yosef, however, one should not recite a berakha on the Hallel that one recites on Yom Yerushalayim, as he maintains, based on Ḥida’s opinion, that we cannot institute the recitation of Hallel with a berakha unless a miracle happens to all of Israel, and R. Ovadia does not view the Jews of Jerusalem as the entirety of Israel. The Chief Rabbinate decided that even when the 28th of Iyar falls out on a Friday, the date when Hallel is recited should not change.

footnotes: ¹¹ See R. Shmuel Katz’s article on the topic in Ha-Rabbanut Ha-Rashit

Yom Ha-atzma’ut, Yom Yerushalayim, Yom Ha-zikaron, and Yom Ha-Sho’ah / Shaving, Haircuts, Weddings, and Taḥanun

After Yom Ha-atzma’ut was established as a day of joy and thanksgiving, the question arose: do the customs of mourning that we observe during the omerperiod apply to Yom Ha-atzma’ut? Responses to this question have varied greatly. The accepted practice is not to observe customs of mourning that subvert the joy of Yom Ha-atzma’ut, and therefore, one may dance and play music. However, one should not schedule a wedding on that day, because avoiding weddings is not considered an expression of mourning that clashes with the joy of Yom Ha-atzma’ut.

Those who shave regularly should shave in advance of Yom Ha-atzma’ut, just as one would put on special clothing before the holiday begins. Regarding haircuts, it seems that only one who looks disgraceful because of his long hair may cut his hair prior to Yom Ha-atzma’ut. One who looks decent, however, may cut his hair only on Yom Ha-atzma’ut itself, because then the joy of the day overrides this custom of mourning.¹², pp. 334-340) that all customs of mourning are canceled on Yom Ha-atzma’ut. He bases his ruling on the poskim who maintain that one who has not yet fulfilled the mitzva of procreation may get married during the omerperiod (Radbaz, Pri Ḥadash). Similarly, some people cut their hair during the omerperiod in honor of Shabbat and Rosh Ḥodesh (Radbaz, R. Yaakov Emden). Furthermore, R. Ḥayim Palachi writes (Mo’ed Le-khol Ḥai §6) that since a miracle happened to some of the people of his city on the eighth of Iyar, and to others on the eleventh, it is their custom to cut their hair on these days. In addition to R. Nissim’s proofs, there is even more room for leniency when it comes to shaving, because shaving is not festive in nature; it simply eliminates one’s mournful appearance, as we explained above (3:7). Responsa Yaskil Avdi 6:10, on the other hand, does not permit haircuts or weddings on Yom Ha-atzma’ut. My teacher and master, R. Zvi Yehuda Kook, used to rebuke students who usually shave but look like mourners on Yom Ha-atzma’ut, saying, “Their countenance accuses them” (Yeshayahu 3:9) – that they are not happy and that they do not truly thank God for the miracle. See R. Shmuel Katz’s essay in Ha-Rabbanut Ha-Rashit, vol. 2, pp. 877-882. Regarding mourners: According to a responsum written by R. Goren (*op. cit.*p. 900, n. 37), Yom Ha-atzma’ut and Yom Yerushalayim, like Ḥanuka, do not cancel shiva. Therefore, a mourner does not recite Hallel, nor do others recite Hallel in a house of mourning; they must recite it elsewhere. If the mourner has completed shiva, he should join the festive prayers and celebrations, as long as there is no live music. A mourner may not cut his hair during shloshim in honor of these holidays.

footnotes: ¹² Sephardic Chief Rabbi R. Yitzḥak Nissim writes (Hilkhot Yom Ha-atzma’ut Ve-Yom Yerushalayim

The Chief Rabbinate, under the leadership of R. Isser Yehuda Unterman and R. Yitzḥak Nissim, determined that even Ashkenazim who observe the customs of mourning during the latter part of the omerperiod should not curtail their joy on the 28th of Iyar, Yom Yerushalayim. Indeed, they should even be permitted to schedule weddings then. This is because, first of all, many communities terminate all the restrictions after Lag Ba-omer (see above 3:2-4), and moreover, now that the 28th of Iyar has been instituted as a day of thanksgiving and joy over the miracle that God performed for the nation of Israel, one should certainly refrain from mourning.

We do not recite Taḥanun on Yom Ha-atzma’ut or Yom Yerushalayim, or at Minḥa preceding these days (Peninei Halakha: Prayer 21:7; see also ch. 21 n. 1).

Yom Ha-atzma’ut, Yom Yerushalayim, Yom Ha-zikaron, and Yom Ha-Sho’ah / Yom Ha-zikaron: A Day of Remembrance for Israel’s Fallen Soldiers

From a halakhic standpoint, there is no need to institute a general memorial day for the holy soldiers who were killed in battle. Rather, one should do what the Jewish people have always done for any Jew who dies: on the yahrzeit(anniversary of death), a memorial prayer is recited and the deceased’s son or relatives recite Kaddish, study Torah, and give charity to elevate their loved one’s soul. Those who go beyond this hold a full memorial service with Torah lectures to elevate the deceased’s soul.

We have fought many wars throughout our long history, often losing more soldiers in one war than the IDF has lost in all of its battles combined. Nevertheless, the Sages never instituted a memorial day for those killed in battle. When we were victorious, we celebrated, and when we lost, we mourned individually. The only tragedy for which the Sages instituted public mourning, in the form of fast days, is the destruction of the Temple, which was a spiritual and national destruction. Indeed, the destruction of the Temple is the source of all the troubles, evil decrees, and bloodshed that our nation has suffered throughout the long exile. Even the Fast of Gedalia was instituted in commemoration of the Temple’s destruction, not because Gedalia’s righteousness warranted that all of Israel mourn his death each year. Rather, his assassination extinguished the last flicker of hope for the Jews who remained in Eretz Yisrael after the destruction of the First Temple.

Moreover, just a few years before the State of Israel was established, six million Jews were horrifically and cruelly murdered. They were our brothers no less than the soldiers who fell in battle, and they were far greater in number, more than 300 times the number of soldiers who have died in all of Israel’s wars. How, then, can we establish a day of mourning for Israel’s soldiers on the same scale as for the six million?

Rather, if a memorial day is warranted, it is on condition that we dedicate the day to educating the public about the essence and purpose of the nation of Israel and about the value of self-sacrifice on behalf of the Jewish people. Many people mistakenly believe that the more we bow our heads in grief and express our pain over the fallen soldiers through somber hues, the more we honor their memories. However, the opposite is true. Our attitude toward the fallen should be that they are holy; their entire lives were refined and sanctified through their self-sacrifice for the people and land of Israel. The Sages say about such people, “No one can dwell in the section of the Garden of Eden where those who were killed by the kingdom dwell” (Pesaḥim 50a). A nonbeliever thinks that the fallen are deader than the living, but a believing Jew knows that they are more alive than all the rest. They died young in this world, but they are truly alive in the everlasting world, the World to Come. They are much more alive than we are. They are holy, and, as the Sages say, “What is holy exists forever” (San. 92a).

By dying in sanctification of God’s name, they rose above the personal existence of each individual Jew to the all-encompassing level of the entire Jewish people. By sacrificing their lives for the Jewish people, they were elevated to the status of the Jewish people as a whole, and as a result they are more connected to God, the source of life. Therefore, in dying they added much life in both the World of Truth and this world. Moreover, it is to their credit that we can live in Israel today; everything we accomplish is thanks to them.

Sadly, people who lack faith, who do not understand the Jewish people’s past or its mission, have seized control of the Israel’s media and cultural life. In the beginning, the secularists still possessed an inkling of Judaism, based on what they heard in their parents’ home, but over time, alienation from Torah values took its toll and they turned Yom Ha-zikaron into a day of weakness and defeatism. Instead of honoring the memories of the fallen, trying to understand the essence of the nation of Israel, and investing meaning into the soldiers’ self-sacrifice, they emphasize the pain, despair, and destruction, portraying the deaths of these soldiers as meaningless. They appear to be honoring the fallen, but in reality, there is no greater affront to the honor of these martyrs than the inappropriate character that these people have attached to Yom Ha-zikaron. The fundamental flaw in their approach is their disregard for the Jewish national destiny for whose sake the soldiers sacrificed their lives.

If we nonetheless observe Yom Ha-zikaron, we must underscore the soldiers’ self-sacrifice in sanctification of God’s name. We must emphasize how they demonstrated to us that the vision of the ingathering of the exiles and the rebirth of the nation of Israel in its ancient homeland is so great that it is worth giving up one’s life in this world for its sake. This will strengthen us and inspire us to follow their lead. The children we bear and raise exist in their merit; the settlements we establish flourish because of them; the Torah we learn is theirs; the ethical Jewish society we want to build here, as the prophets foretold, is theirs. If we remember this, and exert a great deal of effort, we will be able to continue in their path, the path of self-sacrifice for the Jewish people. Then we will truly honor them, as holy and pure souls, illuminating the world and shining like the glow of the heavens.

This is also what we must say to the bereaved families, which produced these holy and courageous warriors: do not surrender to death; continue to live by their strength. Do not bow your heads; rather, stand up straight and tall in their honor. Lift your eyes beyond the ordinary horizon and look toward the vision of the redemption and the End of Days. And even if there are tears in your eyes, those are tears of grandeur.

Yom Ha-atzma’ut, Yom Yerushalayim, Yom Ha-zikaron, and Yom Ha-Sho’ah / The Siren and Moments of Silence on Yom Ha-zikaron

In its “Yom Ha-zikaron Law,” the Knesset determined that the day before Yom Ha-atzma’ut shall be: The Memorial Day for the soldiers of the Israel Defense Forces who gave their lives to ensure the continued existence of the State of Israel, and for those who fought and fell in the campaigns to create the State of Israel – to meditate upon their memory and extol their acts of courage.… Commemorations, public gatherings, and ceremonies will be held in army bases and in educational institutions. Flags will be lowered to half-mast in all public buildings. In addition, the Knesset decided that “Two minutes of silence will be observed throughout the entire country, during which all work and travel will cease.” To facilitate the two minutes of silence, a siren wails throughout the country, and people stand still in honor of the fallen. At 8:00 p.m. on Yom Ha-zikaron evening, the siren sounds for one minute, and at 11:00 a.m. the next morning it sounds for two minutes, during which time people dedicate their thoughts to the memory of the fallen. The siren is sounded in the middle of the official ceremonies to begin the commemoration.

Some claim that one may not stand at attention when the siren sounds, because this custom has no basis in rabbinic literature. Rather, we copied it from the gentiles, and one may not follow the ways of the nations, as it says, “Nor shall you follow their laws” (Vayikra 18:3). In practice, however, the vast majority of poskim maintain that the prohibition against following the ways of the gentiles applies only when one of two conditions is met: 1) the custom entails a breach of modesty or humility; 2) it has no apparent reason or benefit, making it clear that it is based on non-Jewish superstition (Maharik, §88; Rivash §158). R. Yosef Karo and Rema concur (Beit Yosef and Rema, YD 178:1). Thus, since the custom in question has a purpose – the siren and the minutes of silence unite everyone together in remembrance of the fallen – it is not considered a forbidden gentile practice.¹³ 131:13; see Bi’ur Ha-Gra, YD 178:7). Practically speaking, though, most poskim disagree with him and uphold the custom of decorating the synagogue on Shavu’ot, as Rema 494:3 and MA 494:5 state: Since there are reasons for this custom, it is not considered following the laws of the gentiles. Furthermore, if that is their ruling with regard to the custom of placing branches in a synagogue, which is actually done in houses of idol worship, there should certainly be no concern regarding the custom of standing during the siren, which has no hint of idolatry whatsoever. In addition, this custom is almost unheard of among non-Jews today.

footnotes: ¹³ Despite this, the Vilna Gaon opines that we may not imitate the gentiles even with regard to a custom that has a rationale behind it. Therefore, he prohibits placing branches in a synagogue on Shavu’ot, because the gentiles put trees in their houses of worship on their holidays (Ḥayei Adam

Others claim that one should not interrupt Torah study on account of the siren. However, my teacher and master, R. Zvi Yehuda Kook, writes, “Standing during the siren for the fallen soldiers of the IDF contains within it the holy mitzva of remembering the glory of the holy martyrs.” Moreover, we may add that meditating on the memory of the martyrs and on the mitzva to sacrifice one’s life to save the nation and conquer Eretz Yisrael is tantamount to thinking Torah thoughts. And even those who do not understand this must be mindful of Hillel the Elder’s teaching: “Do not separate from the community” (Avot 2:4).¹⁴ (Lekaḥ Tov) on Shemot 2:11 states: “Some time after that, when Moshe had grown up, he went out…” – He went out to see the suffering of Israel. This is what Hillel taught, “Do not separate from the community.” If one sees the community in pain, he should not say, “I will go to my house, eat and drink, and all will be well with me.” Rather, one should bear the burden with his fellow Jews. Midrash Sekhel Tov, commenting on the same verse, adds: This is what Hillel taught, “Do not separate yourself from the community.” Our Sages taught, “If the community is in pain and someone separates from them and eats and drinks, two ministering angels accompany him, place food (some versions read “coals”) on his head, and say, ‘So-and-so separated himself from the community in their time of trouble; he shall not see the community’s consolation.”’ We learn from a different beraita: When the community is in pain, one should not say, “I will go to my house, eat and drink, and all will be well with me.” And if he did so, the verse says about him, “Instead, there was rejoicing and merriment, killing of cattle and slaughtering of sheep, eating of meat and drinking of wine: Eat and drink, for tomorrow we die!” (Yeshayahu 22:13). What is written afterward? “Then the Lord of Hosts revealed Himself to my ears: “This iniquity shall never be forgiven you until you die.” R. Zvi Yehuda Kook’s position is quoted in Teḥumin, vol. 3, p. 388. See also R. Yaakov Ariel’s Responsa Be-ohalah shel Torah, YD 23. R. Ḥayim David Halevi writes in Aseh Lekha Rav 4:4 that one who is involved in Torah study at home should continue learning, for standing silently is an illusory form of honor, which one must practice only when others are watching. R. Halevi adds that in public, one may stand and continue thinking about the topic he was studying. R. Yehuda Henkin concurs in Teḥumin, vol. 4, p. 125. However, I believe that what I wrote in the main text is correct, as contemplating the mitzva of kiddush Hashem is itself considered meditating on Torah, and it is preferable to include oneself in the community with such holy thoughts.

footnotes: ¹⁴ Pesikta Zutreta

Yom Ha-atzma’ut, Yom Yerushalayim, Yom Ha-zikaron, and Yom Ha-Sho’ah / Yom Ha-Sho’ah: Holocaust Remembrance Day

In 1959, the Knesset legislated that the 27th of Nisan shall be Martyrs’ and Heroes’ Remembrance Day: to meditate on the memory of the Holocaust, which the Nazis and their collaborators perpetrated against the Jewish people and of the acts of heroism and revolt performed in those days.… Throughout the state shall be a two-minute silence, during which all work and all road traffic shall be suspended; there shall be memorial gatherings, popular rallies, and commemorative functions in army camps and educational institutions; flags on public buildings shall be flown at half-mast; broadcasts shall express the special character of the day. The two minutes of silence take place at 11:00 a.m., after which the official ceremonies begin.

However, unlike Yom Ha-zikaron, to which the Chief Rabbinate consented, the Torah sages at the time objected to the establishment of this Remembrance Day (commonly known as Yom Ha-Sho’ah) on the 27th of Nisan. After all, the month of Nisan is a time of joy, as evidenced by the halakha that one does not recite Taḥanun or establish a public fast day during the entire month of Nisan (SA**429:2). In addition, we refrain from delivering eulogies and saying memorial prayers throughout the month (MB 429:8). Many even have a custom not to visit cemeteries in Nisan, and one whose relative’s yahrzeit is in Nisan is instructed to visit the grave the day before the month begins. Therefore, it is clearly inappropriate to institute, in the month of Nisan, a memorial day for the souls of the martyrs who were murdered in the Holocaust. Rather, the proper time to remember the Holocaust is on the fast days that have already been established in commemoration of the destruction of the Holy Temple, especially Tisha Be-Av. Indeed, the Chief Rabbinate established the fast of Asara Be-Tevet as a day of general mourning (Yom Ha-Kaddish Ha-klali) over the souls of the holy martyrs who were killed in the Holocaust, whose date of death is unknown.

It seems to me that the way to endow the 27th of Nisan with some sort of appropriate character nonetheless is to establish it as a day on which to focus on cultivating the concept of the Jewish family. Undoubtedly, the last request of the six million who were tortured and killed in cruel and unusual ways was that the Jewish people should continue to live, multiply, and grow. They surely hoped that the terrible suffering that our nation underwent for thousands of years, especially during the Holocaust, should not be for naught, and that every surviving Jew should do everything in his or her power to marry, bear children, and continue the legacy, in order to fulfill the verse “The more they were oppressed, the more they increased and spread out” (Shemot 1:12). Therefore, it is appropriate for public figures to get together on this day and come up with ways to encourage marriage and procreation, while teachers should speak about the great responsibility that we – those who escaped from the sword – have to ensure the continued existence and growth of the Jewish nation.

The same goes for the siren. When the siren wails on Yom Ha-Sho’ah, we should think about how to promote the development of the Jewish nation, in memory of the victims of the Holocaust. Then, our participation in this practice will not be an expression of mourning or memorializing the deceased, but an expression of rebirth and revival, which is appropriate for the month of Nisan. Furthermore, such thoughts would not be considered wasting time that could be used for Torah study. In any event, even one who does not have these things in mind should not separate himself from the community.

With God’s help, our judges will soon be restored as of old. When this occurs, we will pose this question to them, and they will instruct us how and when it is appropriate to memorialize the holy martyrs.