The Land I Will Show You, sec. 6, chapter 2
The Land I Will Show You, sec. 6, chapter 2
What is the Halachah?
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2: What is the Halachah?
Practically, it seems that the halacha does not follow the words of Rabbeinu Chaim Cohen, and anyone who relies on his words for halacha – at this time – is merely perplexing. The novel ruling has been criticized by many great scholars, and regarding a ruling that disputes the Mishnah and Gemara, as Rabbi Yaakov Emden phrased it, there is no place to establish practice unless – at the very least! – it is clear beyond all doubt that the intention of the decisor was for the given situation. Otherwise, the determination that it is appropriate to act according to the decisor’s words is shaky and hangs in the air. When there is neither a clear claim nor clear authority, there simply is nothing to rely on.
The current situation is not necessarily included in the ruling of Rabbeinu Chaim Cohen. It is not known whether Rabbeinu Chaim Cohen intended for the entire period of exile, until the coming of the righteous redeemer. Perhaps he intended only for his time, a rationale that explains the novel ruling well. Even if the reason for his words is as per the second explanation – that one should consider the status of the entire nation, it is not clear that the ruling is valid at this time. This is because, in our times, there are other spiritual considerations that affect the entire nation, and in particular the danger of assimilation among the nations, which constitutes a more severe danger in the lands of exile; perhaps this consideration outweighs the issue of the mitzvahs dependent on Eretz Yisrael.
Furthermore, someone who is concerned with observing the mitzvahs dependent on the Land and fears that they cannot be careful in them, and therefore exempts themselves from the mitzvah of dwelling in the Land, if they were to act consistently, might be obligated to completely refrain from eating the fruits of Eretz Yisrael. This is not the practice, and therefore, one should not act according to the words of Rabbeinu Chaim Cohen halfway without basis and without source.
As a conclusion for halacha at this time, we need only quote the words of the author of 'Pischei Teshuva':
All times are equal for the fulfillment of this commandment. And so it is explained from all the early and later decisors… Certainly, they did not hold of what R' Chaim Cohen said.[1]
Nothing more need be said.
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[1] Even HaEzer, chapter 75, subparagraph 6. Rabbi Yaakov Ze'ev Kahan wrote likewise in "Responsa Toldot Yaakov," Vilna 1837, Choshen Mishpat, section 8: "All the decisors ruled not like his (Rabbeinu Chaim Cohen's) opinion"; see also Rabbi Tzvi Yecheskel Michelson in "Responsa Tirosh Vayitzhar," Bilgoraj 1937, section 114, letter 6, who provided a long list of "all the decisors" who ruled that the mitzvah is also applicable in our time, not like Rabbeinu Chaim Cohen.