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(ntroductor" )ote: This cha*ura is dea in' +ith the ceasin' of territor" to Pa estinian contro in the interest of peace, A these sources are +or%in' under the assumption that such a trade +ou d indeed "ie d a astin'- true peace- an eventua it" that has to this point remained firm " in the rea m of theor", &e are not dea in' +ith the possi*i it" that terrorism +ou d continue despite territoria concession, &e are dea in' +ith the assumption that terrorism +ou d cease- and the issue at hand is +hether such a peace is more va ua* e than and in .ret/ 0israe ,
$evarim =:192
(>[ AN @ AX GH @ RU G >T AZ ET R? GH @ RU G >N AS KB LH DU G >O AW P DN @ GW AH @ RU G >Q AY @ AH RC D >T IX DS @ A V>F AN @ R V> AU KW @ JO RT P DU GH @Q DO @ GN P AJ G HS DO @ D BF P D HQ DB @ R NO IB P E MN IB DH D JB I C D >H IJ KB L > D> GC DB E >F A> G >? A 7B @
DS @ C IS @ A V>S AU @]Z EU R V>F AN @ R V> AU KW HZ DF GO A >\ P AU @F> GH RU G >U AY @ AH RU G: 7VT ^Y @ DQ G BJ KG U Q>N AF G VH @ IJ D QN K? GQ A BJ K VQ DB K V>N AY EQ R VN @ ^Y EH R VQ D >? AH @ AU GC D >T IX DJ GC D >H IJ KB L > DG > VT DQ DT GU @ 7F: 1 &hen the L#4$ th" 2od sha *rin' thee into the and +hither thou 'oest to possess it- and sha cast out man" nations *efore thee- the Hittite- and the 2ir'ashite- and the Amorite- and the Canaanite- and the Peri//ite- and the Hivite- and the :e*usite- seven nations 'reater and mi'htier than thou_ 2 and +hen the L#4$ th" 2od sha de iver them up *efore thee- and thou sha t smite them_ then thou sha t utter " destro" them_ thou sha t ma%e no covenant +ith them- nor sho+ merc" unto them_ 1, #n the pshat eve - +hat is this referrin' to? 2, #n the pshat eve - +ho is this referrin' to?
techanem" g+hich ma" *e renderedh: do not a o+ them to sett e 7chanaya8 on the soi , 1, &hat +ou d this app " to? 2, &ho +ou d this app " to?
1, 2, k,
Accordin' to the 4am*am- +ho are +e not a o+ed to 'ive and to? Are there an" e<ceptions made? &hat passu% does the 4am*am use?
m, $oes this a'ree or disa'ree +ith the 4am*am? 5, &hat other issues mi'ht *e impacted *" this de*ate
Pi%uach )efesh
4av 0osef $ov So oveitchi%- Teshuva $rasha- 1ai=
(f pi%uach nefesh supercedes a other mit/vos- - it supercedes a prohi*itions of the Torah- especia " pi%uach nefesh of the "ishuv in .ret/ 0israe , And a the si " statements ( read in the ne+spapers- one oourna ist sa"s that +e must 'ive a he territor" *ac%- another sa"s that +e must 'ive on " some territor" *ac%- another re eases edicts- strictures and +arnin's not to 'ive an"thin' *ac%, These :e+s are p a"in' +ith 2 mi ion ives, ( +i sa" that as dear as the note Hamaarovi is- the 2 mi ion ives of :e+s is more important, 1, 3pon +hat does 4av So oveitchi% p ace more va ue- "ishuv eret/ "israe or :e+ish ives? 2, !ased upon +hat ha a%hic idea does he do this? k, &hat mi'ht *e pro* ematic a*out this idea?
its *oundaries, (f *ecause of po itica * unders *" 2enti es or 72od for*id8 *" :e+s +e +i *e compe ed 7to eave the and8- +e are a o* i'ated to *e %i ed and not to trans'ressp #n :udea and Samaria- and on the 2o an Hei'hts99it +i not happen +ithout +arf 1, &hat does 4av T/vi 0ehuda noo% va ue more hi'h "- .ret/ 0israe or :e+ish ives? 2, $oes 4av T/vi 0ehuda have ha a%hic oustification for his vie+? k, Ho+ does he concieve of the mit/vah of "ishuv ha1eret/? m, &hat mi'ht *e pro* ematic a*out this vie+?
&e +ere commanded to ta%e possession of the and that 2od- * essed and e<a ted *e He- 'ave our forefathers- Avraham- 0it/cha%- and 0aa%ov- and not to eave it in the hands of other nations or in deso ation, This is +hat He said to them: fAnd "ou sha dispossess the inha*itants of the and and d+e in it_ for ( have 'iven "ou the and to possess it, And "ou sha divide the and for an inheritancef 7Bamidbarkk:5k95m8, And this mitzva +as repeated in other p aces- as He- * essed *e He- said: f2o in and possess the and +hich the Lord s+ore to "our fathersf 7Devarim 1:l8, And He spe ed out the detai s of this mitzva to them re'ardin' the *orders and *oundaries- as He said: fAnd 'o to the mountain of the .mori- and to a the p aces near it- in the p ain- in the hi s- and in the o+ and- and in the )e'ev- and *" the sea side- etc,f 7Devarim 1:=8- so that the" not eave out an" of it, And the proof that this is a mitzva is from +hat the * essed #ne said re'ardin' the spies: f2o up and possess it- as the Lord 2od of "our fathers has said to "ou- Fear not- nor *e discoura'edf 7Devarim 1:218, And He a so said: fLi%e+ise +hen the Lord sent "ou from nadesh9!arne1a- sa"in'- 2o up and possess the and +hich ( have 'iven "ouf 7Devarim a:2k8, And +hen the" did not +ant to 'o up after this statement- it is +ritten: fThen "ou re*e ed a'ainst the commandment of the Lord "our 2od- and "ou *e ieved Him not- nor hear%ened to His voicef 7i*id,8, This sho+s that it +as a mitzva- and not a mission or a promise, This is +hat the Sa'es ca ed o* i'ator" +ar, And thus the" said in the 2emara in Sota 7mm*8: f4av 0ehuda said: 0ehoshua1s +ar of conruest s a a'ree is o* i'ator"_ $avid1s +ar for g'reaterh comfort 9 a a'ree is optiona ,f And the formu ation of the Sifrei is: f1And "ou sha possess it and d+e therein1 7Devarim 2i:18 s *" virtue of "our possessin' it- "ou sha d+e therein,f And do not 'o +ron' and sa" that this mitzva re ates to the +ar a'ainst the seven nations that +e are commanded to destro"- as it sa"s: fAnd "ou sha utter " destro" themf 7Devarim =:28 s this is not so, For +e are commanded to %i those nations +hen the" fi'ht a'ainst us- *ut if the" +ish to ma%e peace- +e ma%e peace +ith them and eave them under certain conditions, !ut +e are not to eave the and in their hands or in the hands of an" of the nations in an" 'enerationt, And from +hat the" said f0ehoshua1s +ar of conruest-f "ou understand that this mitzva is fu fi ed throu'h conruestt 1, Ho+ does the 4am*am understand the mit/vah of "ishuv eret/ "israe ? 2, Ho+ +ou d he vie+ +ars to capture or retain territor" of .ret/ 0israe ? k, Ho+ +ou d the Minchat Chinuch app " to the 4am*an1s conception of the mit/vah? m, 3nder that understandin'- +ou d there *e room to 'ive up and for peace *ecause of pi%uach nefesh? 5, &ho is this comin' to support?
+ou d do in the case of vio atin' Shabbat or eatin' non%osher food, #n the other hand- it is unreasona* e to assume that in the case of fu fi in' a mizvah that is e<pected to demand some sacrifice of human ives- there shou d *e no imit to the num*er of ives +e are permitted or o* i'ated to sacrifice in order to achieve this no* e purpose,
#n the eve of the individua - our ra**is set a fi<ed financia imit 9 and a fair " o+ one- up to a fifth of one1s assets 9 *e"ond +hich one is re ieved of the o* i'ation of fu fi in' a particu ar mizvah# Presuma* "- as the aharik posited- c ear " if there is a monetar" imit there shou d a so *e an e<istentia imit- a sort of ph"sica painf imit that is *e"ond t+ent" percent of one1s monetar" assets- ou'ht this not *e re evant to the present case as +e ? (s it p ausi* e that in the case of a mizvah that is a pu* ic o* i'ation- a nationa mizvah $ no matter ho+ important it is and ho+ carefu +e are not to *e itt e it even for a moment 9 the price in human ives shou d not have an" si'nificance? #f course- no one can determine +hat +ou d *e the eruiva ent of a fifth here- for can an"one ruantif" the va ue of a human ife? Sti - it seems to me that a of us reco'ni/e that *e"ond a certain imit +e cannot possi* " i'nore the price, And if this is the case +hen the ver" e<istence of our home is invo ved- ho+ much more so must +e ta%e this price into consideration +hen the issue is on a different eve entire ", For it is not the e<istence of our home that is at issue here- *ut rather the num*er of rooms it has, 1, &hat points does 4av Lichtenstein *rin' up a'ainst the Minchat Chinuch? $oes he inva idate the Minchat Chinuch entire "? Are his points va id? 2, &hat is 4av Lichtenstein proposin' here? Ho+ does it re ate to the ha a%hic ar'ument?
4av #vadia 0osef- fCedin' Territor" of the Land of (srae in #rder to Save Livesf- %ehumim uo , 10- 1ala
f(f the heads of the arm" +ith the mem*ers of the 'overnment dec are that ives +i *e endan'ered un ess territories in the Land of (srae are re inruished- and there is the dan'er of an immediate
dec aration of +ar *" the nei'h*orin' Ara* gstatesh-,,,and if territories are re inruished the dan'er of +ar +i *e removed- and that there are rea istic chances of astin' peace- then it appears- accordin' to a the opinions- that it is permissi* e to re inruish territories of the Land of (srae ,,,gaccordin' to the princip e ofh "ikuach nefesh;
4av Chaim $avid Ha evi- Torah She1!aa Peh- 21 fThis is +hat +e said a*ove s this is the po+er of Ha a%ha- that it did not intervene in the detai s of the
a+s 'overnin' the state- and a it teaches are fundamenta princip es, (n m" hum* e opinion- it seems as e<ceedin' " o*vious that the 'uidin' princip e in a this is 'uaranteein' the securit" of the nation in ever" conte<t of ne'otiations on the *asis of a ver" *road understandin' of the Torah1s mitzva- fthat "ou sha ive +ith them,f Therefore- the discussion re'ardin' the return or retention of the territories must *e *ased on a c ear and simp e princip e s +hat is the *est +a" to 'uarantee the securit" of the state+hich is the preservation of the nation, This is a ha a%ha that is not +ritten- and it certain " does not stem from the a+ of "iku&ach nefesh- *ut rather from simp e o'ict &e are eft then +ith one c ear and simp e assumption: The decisive factor in this case is the preservation and securit" of the nation, And therefore an" 'overnment of (srae that +i come to the conc usion that the surrender of territories +i prevent +ars and * oodshed- and in its +a%e it +i *rin' true peace 9 is permitted- and even o* i'ated to do so, And in contrast- a +ithdra+a that is ia* e to cause an" %ind of securit" ris% is a*so ute " for*idden,