by Rabbi Yair Hoffman for 5tjt.com Today, there was a historic flight from Eretz Yisroel to the United Arab Emirates, which portends a number of other flights to follow.  Fascinatingly enough, Saudi Arabia allowed the “historic” flight to cross its airspace, according to President Trump’s advisor and sil, Jared Kushner, said at Abu Dhabi shortly after the flight landed Monday.   “This is the first time this has ever happened, I would like to thank the Kingdom of Saudi Arabia for making that possible,” said Kushner, shortly after the flight landed at Abu Dhabi Airport. All of this excitement, of course, bring up the halachic issue of when it is permitted or not to leave Eretz Yisroel.  It is interesting to note that the reasons for the prohibition of leaving Eretz Yisroel cited by the authorities are actually quite varied. We will explore these reasons below. FOUR MAIN REASONS The Ramban (Bamidbar 33:53) explains the prohibition on account of the mitzvah to settle in Eretz Yisrael. The Ramban, if we recall, is of the opinion that the Torah mitzvah to settle the land of Israel is applicable nowadays, as well. The Rashbam (Bava Basra 91b) explains that the prohibition exists because by leaving the land, one is actively removing oneself from the mitzvos that are uniquely dependent upon being present in Israel. The Lechem Mishnah (Melachim 5:12) explains that because Israel is holy, it is forbidden to leave it. Finally, a fourth reason given is that prayer in Israel is much more effective, and the prohibition was made so that the nation of Israel not remain bereft of those praying on its behalf in the place where prayer is most efficacious. BIBLICAL OR RABBINIC? Is it a Torah or rabbinic prohibition? Rav Moshe Feinstein, zt”l (Igros Moshe, Y.D. Vol. I, No. 120), indicates that it is rabbinic.  That being the case, in a case of a doubt there is greater leniency.  The language of the Maharitatz (Siman 85), however, indicates that he learns the prohibition as Biblical – not like Rav Feinstein zt”l.  He writes that the source for the Rambam’s leniency regarding leaving for business comes from a fortiori argument from leaving Israel to go Egypt.  If it is permitted regarding Egypt it is certainly permitted regarding other lands where the prohibition is not explicit in the Torah.  His language in the latter half of the response is indicative that it is still a biblical prohibition, but not one that is explicit.  The Chochmas Adam in his Mishpetei Aretz 11:14, however, also learns that the prohibition is Rabbinic. LENIENCIES There are various heterim that are found in the poskim to permit leaving Eretz Yisroel. For the mitzvah of kibud av v’eim, honoring one’s parents, it is certainly permitted to leave Israel. There are two circumstances described in the poskim: One, where one’s parents are traveling to Israel; in such a case, one is permitted to leave Israel proper to greet and accompany them. The other case is where one leaves Israel to tend to another need involving kibud av v’eim. The former case is permitted by all authorities based upon a Gemara in Kiddushin (31a). The latter case is the subject of some debate. The consensus of poskim is that in that case it is permitted, as well.  If, […]

The post Leaving to the United Arab Emirates: A Halachic Analysis appeared first on The Yeshiva World.