One need not search beyond the very first verse of the Torah, accompanied by Rashi’s elucidation, to discover the foundation of the Jewish nation’s claim to the Land of Israel. Nevertheless, as this essay will demonstrate, this Torah teaching doesn’t merely underscore the basis of the Jewish claim; it actively engenders it. The legitimacy of this claim hinges upon the nation’s ability to grasp and internalize the profound significance of this teaching.
“In the beginning, God created heaven and earth.” (Genesis 1:1)
Rabbi Isaac said: The Torah should have commenced with the verse “This month shall be unto you the first of the months” (Exodus 12:2), which is the first commandment given to Israel. What is the reason, then, that it commences with the account of the Creation? Because “He declared to His people the strength of His works, in order that He might give them the heritage of the nations” (Psalms 111:6). For should the peoples of the world say to the Nation of Israel, “You are robbers, because you captured the lands of the seven nations of Canaan,” Israel may reply to them, “All the earth belongs to the Holy, blessed be He; He created it and gave it to whom is right in His eyes. When He willed, He gave it to them, and when He willed, He took it from them and gave it to us.” (Rashi)
The Torah, primarily a book of laws, should have gotten straight to the point, skipping all prelude and commencing with the very first commandment. Why does it commence with the account of Creation? In order to safeguard the Jewish claim to the Land of Israel from potential legal challenges. Since God created the world, He can give it to whomsoever He pleases, and He gave the Land, as He saw fit to do, to the Jewish nation as their eternal inheritance.
This is the straightforward, surface interpretation of the statement. However, as is often the case with Torah teachings, the surface meaning serves as a gateway to a deeper, more abstract lesson. The evidence for this lies in the fact that as a simple, legal defense for the Jewish nation’s ownership of the Land of Israel, the account of Creation falls short.
The defense exhibits several glaring weaknesses. Firstly, it accepts that God willed to give the land to the seven nations of Canaan before bequeathing it to the nation of Israel. But how was this original gift executed? It wasn’t through revelation or divine fiat but through the practicality of possession and conquest – de facto, not de jure.
If these human endeavors are regarded as God’s bestowal, reflecting His providential actions throughout history, then one should also regard the dispossession of the Jewish nation from its land through exile at the hands of the Babylonians, first, and the Romans, second, as if God Himself had dispossessed the Jews of the Land. This would undermine any God-given title and eternal claim to ownership.
Another issue with the logic of the argument is its assumption that people worldwide accept that God gave the Land of Israel to the Jewish people. However, if this acceptance were taken for granted, there would be no contestation over ownership. Those who believe in God’s grant of the Land to the Jewish nation would not require knowledge of His creation of the universe to acknowledge His sovereignty. Conversely, those who question whether God bestowed the Land to the Jewish nation would not be swayed by knowledge of His creation of the universe.
Moreover, there are individuals who question the veracity of the Genesis narrative, rendering it seemingly ineffectual as a legal title.
And, most significantly, numerous individuals and nations have contested the Jewish people’s rights to the Land, citing historical, political, and legal reasons to dispute this claim. It is evident that the argument based on Creation has not universally proven to be a compelling defense against these challenges.
To truly grasp the legitimacy of Rabbi Isaac’s defense, we must embark on a journey through the gateway to uncover its deeper meaning. This entails a thoughtful examination of concepts related to land rights, the nature and role of the Jewish nation and their intrinsic connection to land, and the lessons imparted by the account of Creation.
It is crucial to grasp that God is not in the real estate business.
When we speak of God granting a land to a people, we are, as the Torah often does, speaking in code or shorthand. The real significance of the statement “God gave us the Land” lies in the idea that the very concept of “God” bestows upon us inherent, natural rights to the Land.
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