Rabbi Avi Gisser, the rav of Yishuv Ofrah in Shomron, has given a p’sak halacha permitting non-Jewish construction workers to continue building in the community on Shabbos. Construction on nine new homes is ongoing, but left-wing organizations are petitioning the court to halt the work, stating the land on which the homes are being built belongs to Arabs, not Jews. The petitions have been filed by Yesh Din and B’tselem organizations on behalf of a number of residents of the nearby Arab village of Ein Yabroud.
This is the first time that a petition to Supreme Court regarding construction refers to building inside the community, with the Arabs and left-wing claiming the community, the first in Shomron, was built illegally and as a result, it is nothing more than an illegal outpost.
The rav explained that since the left-wing is working in earnest to compel the Supreme Court to halt construction in the community, the current realities permitting construction may soon come to and end, compelling him to issue the ruling.
The rav’s p’sak is based on the mitzvah of building Eretz Yisroel, citing in this case, it overrides the Shabbos, with the stipulation that the workers are non-Jews. He is relying on a gemora in Talmud Gittin. The rav explains that just as halacha permits overriding the Shabbos to save a life, we also find a similar situation regarding the settling of Eretz Yisroel, using non-Jewish labor.
At present, the rabbi’s position is a minority one and no leading Torah authorities have openly supported his decision. One prominent personality who has already commented is UTJ MK Rabbi Avraham Ravitz, who called the decision “misguided at best”.
MK Ravitz told the electronic media on Wednesday that G-d gave the Jewish People the Land to keep the Shabbos and not the other way around. He pointed out that even the construction of the Beis HaMikdosh (Temple) was halted on Shabbos.
Pinchas Wallerstein, a founder of the community longtime resident as well as the past head of the Benjamin Regional Council and current chairman of the Yesha Council of Settlements responded by supporting the rabbi’s decision.
(Yechiel Spira – YWN Israel)
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21 Responses
Anyone know which Gemara he is relying on? Curious to see the source inside.
Now that’s taking settling Israel to a whole new level. If Shabbat observance overode building of the Mishkan, who are we to disagree with God? This is gonna open a whole new can of…
a kablan can work on shabbos but nt in the techum – due to maris ayin. Maybe there isn’t maris ayin…….
I am not a Posek but I just got off the phone with a prominent Posek. The Posek said, “The Rav is halachacially incorrect.”
I could bet there will be a storm over this.
I wonder if there is any difference between building the Beis HaMikdash and building l’sheim mitzvas yishuv ha’asretz? Also, I wonder if there is at least a reliable “yesh mi lismoich” to allow this as well?
IDEOLOGY TRUMPS HALACHA!
Gittin 8b
there are numerous cases of homes bought in yerushalayim on shabat (famous story of batei wittenberg bought (by accident), on shabat (the accident was not shabat, the accident was that the seller offered to sell by accident; since they were afraid the arab would back out, the deal was made on shabat)
shulchan aruch specifically says one buys property in israel ON SHABAT!!!
Deepthinker in #10:
You wrote IDEOLOGY TRUMPS HALACHA!
If you are a Baal Teshuva I would say nebach the guy doesn’t know his hip from his elbow. If you consider yourself an Orthodox Jew then just know that you are spitting in the face of the Torah and you are a heretic in the eyes of Hashem. Think about what I am saying and perhaps do Teshuva. Be well, I wish you only well.
#12 did you read #4
Here is the Gemara in Gittin:
In Gittin 8b it says:
[Our authority further says that] “a field bought in Syria is like one bought on the outskirts of Jerusalem”. What rule of conduct can be based on this? — R. Shesheth Says: It means that a contract for selling it [to a Jew] can be drawn up even on Sabbath. What? On Sabbath? — You know the dictum of Raba, “He tells a non-Jew to do it.” So here, he tells a non-Jew to draw up the contract. And although there is a Rabbinical prohibition against telling a non-Jew to do things on Sabbath [which we may not do ourselves], where it was a question of furthering the [Jewish] settlement of Eretz Israel the Rabbis did not apply the prohibition.
Re-read the last sentence:
And although there is a Rabbinical prohibition against telling a non-Jew to do things on Sabbath [which we may not do ourselves], where it was a question of furthering the [Jewish] settlement of Eretz Israel the Rabbis did not apply the prohibition.
(Hat Tip – Muqata)
I am not a posek, but I presume that the Rav of Ofrah is a Posek, and we see from the Gemara that he has a clear Halachik basis for this psak.
I don’t understand; it’s a clear din in Shulchan Aruch (OC 306:11), black on white, that one may buy land in Eretz Yisroel from a goy on Shabbos, and tell him to sign the contract and register it with the government, if it will be unavailable after Shabbos, because the issur of amira lenochri is overridden by yishuv Eretz Yisroel. How is this case different? If the houses are not built as quickly as possible, the court may stop the building altogether, so it’s a clear necessity, just like buying the land
Ahhh, the intricacies of a non-Jewish government of Jews.
rebshalom in #15
Let me be very, very clear.
For one to declare: IDEOLOGY TRUMPS HALACHA!
indicates that the individual does not comprehend what the Torah Hakidosha is all about. At best it highlights that the individual is a genuine ignaramous. If the person was raised with a true unadulterated Torah education then such an expression is sadly an indicator that the person is a heretic.
Good Shabbos to you both and may you both be merited to find the path of our timeless eternal Torah.
#21
You are right and there is much wisdom in the words you quoted.
Either way here we are talking about building houses not the mikdash.
I looked up the Gemara Giitin 8b and some relevant sources it seems like Mishna Berurah in Biur Halacha Orach Chaim 306:11 is matir even d’oraisa for yishuv eretz yisroel and Teshuvos Rivash 387 would be against it. In our case it would only involve an issur of maris Ayin since there is not even Amari leNochri on Shabbos here because you can tell them to build during on a weekday. The Rivash was asked if you could make aliya on a non-jewish ship on Shabbos and he ruled that only yishuv is doche Shabbos. The case here may not be yishuv since 1. They already own the land and 2.Even if they finish building the govt may chas veshalom still demolish it and take it away
#18: the distinction is meaningless. If you can tell a goy to write, which is a melacha de’oraisa, then you can tell him to build, cook, plant, or anything else that is necessary for yishuv EY. The rule is that the Chachamim did not forbid amira lenochri when it’s necessary for yishuv Eretz Yisroel.
Now building a house or planting a field can usually be done tomorrow just as well as today, so there’s no need to have a goy do it today. But buying a house can only be done when the seller is available, so if he’s leaving after Shabbos then one may buy it on Shabbos and have the goy do the work. But in our case the construction work also can’t be done later, because any delay may mean it won’t be finished before the court acts, so it’s clear that it is permitted. This isn’t even something one must ask a shayla about, it’s a clear and undisputed din.
(The Ramo quotes the Or Zorua that it’s only permitted because the writing in question is only an issur derabonon; but the Mishna Brura points out that the OZ is a complete daas yochid on this, and every single other rishon holds that the writing we’re talking about is ossur de’oraisa, and yet telling a goy to do it is permitted.)
Milhouse thanks that the biur halcha I was quoting your words are 100% correct
“At present, the rabbi’s position is a minority one and no leading Torah authorities have openly supported his decision”
Obviously Rav Shesheth, Rava, Rav Yosef Karo and the Chafetz Chaim are not considered leading Torah authorities because they openly support his decision what twisted logic!
The sad state is that today people are afraid to posken halacha when its a kula only chumras are in. When the truth is the Gemara states Kocha de’heitera adif.
#23: Clarification. The simple (and accepted by Mishna Berura) reading of the Gemara in Gittin allows telling a non-Jew to write a document on Shabbat even though if a Jew did it, it would be a Torah prohibition. (Against the Or Zarua mentioned in #24) The Gemara explains this ruling because of “Yishuv Ha’aretz”. Tashbeitz allows telling non-Jews to do m’lacha for an individual’s aliya to Israel = “y’shivat ha’aretz” – dwelling in the land. Rivash argues and states that leniency only applies to “yishuv ha’aretz” — building up/settling the land. Buying homes and increasing the Jewish presence fulfills Yishuv. Just living in a rented apartment, for example, only fulfills yeshiva not yishuv. The case at hand entailed increasing Jewish presence by building new homes and therefore I believe would be included in Yishuv and permitted even according to Rivash. (However, there might be other issues involved as well in this particular case such as the policy issues mentioned by MK Ravitz.) Because of the enormous ramifications of this issue, in my opinion, this should be decided by recognized G’dolei HaPoskim such as Rav Mordechai Eliyahu, Rav Ovadya Yosef, or Rav Y. S. Eliashiv shlita, not regular Rabbonim. Thank you all for enhancing the halachic discussion.