There are many halachic issues that are closely associated with the land of Israel. The Rishonim debate the extent of one’s obligation to live in Eretz Yisrael,[1] and there are a multitude of mitzvot hateluyot ba’aretz, mitzvot that apply only to those who live in the land of Israel, such as terumah, ma’aser and shemittah. However, it is interesting to note that the significance of Eretz Yisrael, both regarding the value of dwelling there as well as its elevated degree of kedusha, has halachic implications in seemingly unrelated areas.

The Gemara, Menachot 44a, writes that one who rents a house in the Diaspora is not obligated to affix a mezuzah upon his doorpost during the first 30 days of his residence. However, if one rents a home in Eretz Yisrael, the obligation begins immediately.[2] The Gemara continues to explain that the reason for this distinction is due to yishuv Eretz Yisrael, the value of settling the land of Israel. Rashi explains this distinction in the following manner: The halacha[3] states that if a Jew will be taking over the residence of another Jew, the first renter is not permitted to remove his mezuzot when he leaves. Rather, he must leave them for the incoming tenant. Therefore, requiring the renter to put up the mezuzot immediately creates a deterrent for him to vacate his residence, since he will have to acquire other mezuzot for his new home. The rabbis of the Talmud considered the importance of living in Eretz Yisrael, and shaped the halacha regarding mezuzah in a manner that would encourage people to do so.

A further manifestation of this notion is found in the Gemara, Gittin 8b. The Gemara concludes that if one is purchasing land in Israel from a non-Jew, he may commission a non-Jew to write the bill of sale even on Shabbat. Despite the fact that generally one is not permitted to request a non-Jew to perform what would be considered a Torah prohibition for a Jew to perform, even in a situation when attempting to fulfill a mitzvah, due to the vital nature of the mitzvah of acquiring land in Israel, an exception is made and one may ask a non-Jew to perform an activity that is considered a Torah prohibition (writing on Shabbat).[4]

In addition to encouraging the settling of Eretz Yisrael, there are halachot that reflect its unique status as well. In Makkot 7a, the Gemara discusses a case where a person is sentenced in one court, flees before the sentence is carried out, and is subsequently brought before a different court. An apparent contradiction is raised as to whether the second court should simply implement the initial decision or re-try the case. The resolution reached by the Gemara is that if the defendant fled from Eretz Yisrael to the Diaspora, the original verdict is automatically implemented. But if he fled from the Diaspora to Eretz Yisrael, the case is re-tried. The reason given is that the zechut, merit, of Eretz Yisrael creates a possibility that a new angle will be discovered that could lead to the innocence of the defendant. The elevated level of kedusha in Eretz Yisrael can even cause a trial to have a different result.

The Gemara, Megillah 28b, reflects an additional application of this idea. In a discussion regarding the appropriate usage of a beit haknesset, synagogue, the Gemara suggests that בתי כנסיות שבבבל על תנאי הן עשויין, the synagogues in Bavel were built with a stipulation, and therefore certain activities, such as eating and drinking, that would generally be prohibited in a synagogue, are permitted in the synagogues of Bavel. Tosafot, s.v. Batei Knesiyot, explain that this stipulation only works in Bavel (and other lands in the Diaspora) because at the time of the Redemption, the kedusha of those synagogues will dissipate. However, in Eretz Yisrael, where the synagogues will maintain their sanctity, such a stipulation would not be effective.[5] Eretz Yisrael’s status as the ultimate destination of the Jewish people affects the halacha even before that time arrives.

The significance of Eretz Yisrael can be traced throughout Tanach as well as throughout the thoughts and writings of great Jewish leaders over the course of history. The fact that Chazal went as far as to incorporate its value into shaping halacha as well, is a clear indication of the central role it plays in the mindset of the Jewish people.

[1] See Ramban, Shich’chat Haesin no. 4.

[2] This is codified in Shulchan Aruch, Yoreh De’ah 286:22.

[3] See Shulchan Aruch, Yoreh De’ah 291:2.

[4] Tosafot, s.v. Af Al Gav, quote the Bahag who seems to apply this to the mitzvah of brit milah as well.

[5] See Shulchan Aruch, Orach Chaim 151:11 and the comment of Mishna Berurah 151:37.