Laws and customs of the Land of Israel in Judaism
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Laws and customs of the Land of Israel in Judaism ' onMouseout='HidePop("70320")' href="/topics/Transliteration">translit.
Mitzvot Ha'teluyot Be'aretz) are special Jewish laws that apply only to the Land of Israel
. According to a standard view, 26 of the 613 mitzvot
apply only in the Land of Israel. Overall, the laws and customs may be classified as follows:
Those of the laws of the Land of Israel that were extended after the Exile were originally enacted for the purpose of protecting the judicial administration and economic interests of the Land, and with a view to encourage settlement there. Hence the semikah was still left in the hands of the judiciary, with power to inflict the penalties of stripes and fines, and to announce the day of the new moon on the evidence of witnesses. (See Hebrew calendar
.) But the power of the Sanhedrin
was of short duration in consequence of incessant persecution, which drove the Talmudists to Babylon. The fixed calendar was then accepted everywhere, yet there still remained the difference between the Land of Israel and the rest of the world as to the observance of the second day of holy days (see Conflict of Laws
).
If a gentile
living in Israel claimed to have been converted to Judaism his claim was valid; but the same claim made by a gentile living abroad was accepted only when corroborated by witnesses (Gerim iv.; Yeb. 46b).
Similarly, a divorce signed by witnesses in Israel was valid on prima facie
evidence; but such a writ abroad was not valid unless verified by the oral testimony of the signing witnesses before the rabbinate, that "it was written and signed in our presence".
To secure an adequate supply of servants, the Mosaic law providing for the freedom of a servant who had fled from his master (Deut. xxiii. 15) was made applicable to a servant escaping from other lands, but not to a servant escaping from the land (Git. 43a; 'Ar. 49b).
Residence in the Land of Israel is regarded as becoming immediately permanent. For example, a rented dwelling outside Israel need not have a mezuzah
during the first thirty days, as the tenancy is considered temporary for the first month; but in Israel the posting of the mezuzah is immediately obligatory.
The regulation of migration to and from Israel had in view the object of maintaining the settlement of the Land. One must not emigrate unless the necessaries of life reach the price of a "sela" (two common shekels) for a double se'ah-measure of wheat, and unless they are difficult to obtain even then (B. B.
91a). A person may compel his or her spouse, under pain of divorce, to go with them and settle in Israel, which is not true for any other travel.
in Israel and Babylon (sometimes called "the East"). The differences are fifty in number according to one authority, and fifty-five according to another. The most important ones are as follows:
Another difference between the Jerusalem and the Babylonian schools was in the degrees of confidence shown in supernatural remedies and charms; these occur much less frequently in the Jerusalem Talmud
than in the Babylonian. In particular, those in the Land of Israel did not believe in the apprehension of danger from the occurrence of even numbers, known as "zugot".
article was written by its Editorial Board Executive Committee & Judah David Eisenstein.
Transliteration
Transliteration is a subset of the science of hermeneutics. It is a form of translation, and is the practice of converting a text from one script into another...
Mitzvot Ha'teluyot Be'aretz) are special Jewish laws that apply only to the Land of Israel
Land of Israel
The Land of Israel is the Biblical name for the territory roughly corresponding to the area encompassed by the Southern Levant, also known as Canaan and Palestine, Promised Land and Holy Land. The belief that the area is a God-given homeland of the Jewish people is based on the narrative of the...
. According to a standard view, 26 of the 613 mitzvot
613 mitzvot
The 613 commandments is a numbering of the statements and principles of law, ethics, and spiritual practice contained in the Torah or Five Books of Moses...
apply only in the Land of Israel. Overall, the laws and customs may be classified as follows:
- Laws that were in force at the time of the Temple in JerusalemTemple in JerusalemThe Temple in Jerusalem or Holy Temple , refers to one of a series of structures which were historically located on the Temple Mount in the Old City of Jerusalem, the current site of the Dome of the Rock. Historically, these successive temples stood at this location and functioned as the centre of...
and in connection with the Temple service. These relate to the Paschal lambPaschal LambPaschal Lamb can refer to:* Korban Pesach, in Judaism* Lamb of God, in Christianity* Sacrificial lamb...
during the PassoverPassoverPassover is a Jewish holiday and festival. It commemorates the story of the Exodus, in which the ancient Israelites were freed from slavery in Egypt...
festival, the bringing of the First fruitsFirst FruitsFirst Fruits are a religious offering of the first agricultural produce of the harvest. In classical Greek, Roman, Hebrew and Christian religions, the first fruits were offered to the temple or church. First Fruits were often a primary source of income to maintain the religious leaders and the...
to Jerusalem, the tri-annual pilgrimage to Jerusalem; the test applied to the wife suspected of faithlessness ("sotahSotahSotah deals with the ritual of the Sotah - the woman suspected of adultery as described and prescribed in the Book of Numbers in...
"); all the sacrifices, and the priestly Levitical services.
- Laws in connection with Jewish civil and military government, as those relating to the king, to covenants with foreign countries, to taking the census, and to military affairs.
- Laws concerning the products of the land: the heave-offering for the priests; the titheTitheA tithe is a one-tenth part of something, paid as a contribution to a religious organization or compulsory tax to government. Today, tithes are normally voluntary and paid in cash, cheques, or stocks, whereas historically tithes were required and paid in kind, such as agricultural products...
s to the Levites; the poor man's right to the gleanings, the forgotten sheaf, and the unreaped grain in the corners of the field; the use of young trees (prohibited during the first three years); the mixing of different kinds of vegetables (kil'ayimKil'ayimKil'ayim is the fourth tractate of Seder Zeraim of the Mishnah and of the Talmud. It deals with the laws of various forbidden production and uses of mixtures, as provided in Leviticus 19:19 and Deuteronomy 22:9-11...
); the Sabbatical yearSabbatical yearSabbatical or a sabbatical is a rest from work, or a hiatus, often lasting from two months to a year. The concept of sabbatical has a source in shmita, described several places in the Bible...
.
- Health laws: the quarantine regulations; the defilement and purification of persons, dwellings, and garments, and their examination by a qualified priest.
- Laws connected with the functions of the SanhedrinSanhedrinThe Sanhedrin was an assembly of twenty-three judges appointed in every city in the Biblical Land of Israel.The Great Sanhedrin was the supreme court of ancient Israel made of 71 members...
in the Jewish stateJewish stateA homeland for the Jewish people was an idea that rose to the fore in the 19th century in the wake of growing anti-Semitism and Jewish assimilation. Jewish emancipation in Europe paved the way for two ideological solutions to the Jewish Question: cultural assimilation, as envisaged by Moses...
: OrdinationSemicha, also , or is derived from a Hebrew word which means to "rely on" or "to be authorized". It generally refers to the ordination of a rabbi within Judaism. In this sense it is the "transmission" of rabbinic authority to give advice or judgment in Jewish law...
; Sanctification of the New Moon and the arrangement of the calendar; the laws of the JubileeJubilee (Biblical)The Jubilee year is the year at the end of seven cycles of Sabbatical years , and according to Biblical regulations had a special impact on the ownership and management of land in the territory of the kingdoms of Israel and of Judah; there is some debate whether it was the 49th year The Jubilee...
and the blowing of the shofarShofarA shofar is a horn, traditionally that of a ram, used for Jewish religious purposes. Shofar-blowing is incorporated in synagogue services on Rosh Hashanah and Yom Kippur.Shofar come in a variety of sizes.- Bible and rabbinic literature :...
on Yom KippurYom KippurYom Kippur , also known as Day of Atonement, is the holiest and most solemn day of the year for the Jews. Its central themes are atonement and repentance. Jews traditionally observe this holy day with a 25-hour period of fasting and intensive prayer, often spending most of the day in synagogue...
to announce the Jubilee; the laws of Jewish servants; the right to sell a thief should he fail to make restitution for his theft; the regulations for the cities of refugeCities of RefugeThe Cities of Refuge were towns in the Kingdom of Israel and Kingdom of Judah in which the perpetrators of manslaughter could claim the right of asylum; outside of these cities, blood vengeance against such perpetrators was allowed by law...
; corporal punishments and fines (capital punishment ceased seventy years prior to the destruction of the Second Temple, owing to the encroachments of the Roman rule, which began to assert its influence in JudeaJudeaJudea or Judæa was the name of the mountainous southern part of the historic Land of Israel from the 8th century BCE to the 2nd century CE, when Roman Judea was renamed Syria Palaestina following the Jewish Bar Kokhba revolt.-Etymology:The...
).
Rabbinical distinctions
After the destruction of Jerusalem all the special laws of the Land of Israel became obsolete according to a strict interpretation of Mosaic law. However, the Rabbis, desiring to maintain a distinction between the Land of Israel and the rest of the world, and for other reasons stated below, kept in force some of the special laws. These are recognized as "mi-de-Rabbanan" (by virtue of the Rabbis) in contradistinction to "mi-de-Oraita" (by virtue of the Mosaic law).Those of the laws of the Land of Israel that were extended after the Exile were originally enacted for the purpose of protecting the judicial administration and economic interests of the Land, and with a view to encourage settlement there. Hence the semikah was still left in the hands of the judiciary, with power to inflict the penalties of stripes and fines, and to announce the day of the new moon on the evidence of witnesses. (See Hebrew calendar
Hebrew calendar
The Hebrew calendar , or Jewish calendar, is a lunisolar calendar used today predominantly for Jewish religious observances. It determines the dates for Jewish holidays and the appropriate public reading of Torah portions, yahrzeits , and daily Psalm reading, among many ceremonial uses...
.) But the power of the Sanhedrin
Sanhedrin
The Sanhedrin was an assembly of twenty-three judges appointed in every city in the Biblical Land of Israel.The Great Sanhedrin was the supreme court of ancient Israel made of 71 members...
was of short duration in consequence of incessant persecution, which drove the Talmudists to Babylon. The fixed calendar was then accepted everywhere, yet there still remained the difference between the Land of Israel and the rest of the world as to the observance of the second day of holy days (see Conflict of Laws
Conflict of laws
Conflict of laws is a set of procedural rules that determines which legal system and which jurisdiction's applies to a given dispute...
).
If a gentile
Gentile
The term Gentile refers to non-Israelite peoples or nations in English translations of the Bible....
living in Israel claimed to have been converted to Judaism his claim was valid; but the same claim made by a gentile living abroad was accepted only when corroborated by witnesses (Gerim iv.; Yeb. 46b).
Similarly, a divorce signed by witnesses in Israel was valid on prima facie
Prima facie
Prima facie is a Latin expression meaning on its first encounter, first blush, or at first sight. The literal translation would be "at first face", from the feminine form of primus and facies , both in the ablative case. It is used in modern legal English to signify that on first examination, a...
evidence; but such a writ abroad was not valid unless verified by the oral testimony of the signing witnesses before the rabbinate, that "it was written and signed in our presence".
Agricultural restrictions
The Rabbis prohibited the exportation of provisions which are necessaries of life, such as fruits, wines, oils, and firewood, and ordered that these provisions should be sold directly to the consumer in order to save to the purchaser the middleman's profit (B. B. 90b, 91a). Another ordinance was directed against the raising of small stock, as sheep and goats except in woods or barren territory, in order to preserve the cultivated lands from injury (B. Ḳ. 49b).To secure an adequate supply of servants, the Mosaic law providing for the freedom of a servant who had fled from his master (Deut. xxiii. 15) was made applicable to a servant escaping from other lands, but not to a servant escaping from the land (Git. 43a; 'Ar. 49b).
Settlement in the Land of Israel
For the benefit of settlers it was decreed that the owner of a town in the Land must leave a public thoroughfare on all four sides of the town, and that a Jew about to purchase real property from a gentile in the Land of Israel may have the contract drawn up on Sabbath to facilitate and bind the bargain, though such a proceeding is prohibited in other lands,Residence in the Land of Israel is regarded as becoming immediately permanent. For example, a rented dwelling outside Israel need not have a mezuzah
Mezuzah
A mezuzah is usually a metal or wooden rectangular object that is fastened to a doorpost of a Jewish house. Inside it is a piece of parchment inscribed with specified Hebrew verses from the Torah...
during the first thirty days, as the tenancy is considered temporary for the first month; but in Israel the posting of the mezuzah is immediately obligatory.
The regulation of migration to and from Israel had in view the object of maintaining the settlement of the Land. One must not emigrate unless the necessaries of life reach the price of a "sela" (two common shekels) for a double se'ah-measure of wheat, and unless they are difficult to obtain even then (B. B.
Bava Batra
Bava Batra is the third of the three tractates in the Talmud in the order Nezikin; it deals with a person's responsibilities and rights as the owner of property. It is part of Judaism's oral law...
91a). A person may compel his or her spouse, under pain of divorce, to go with them and settle in Israel, which is not true for any other travel.
Customs
Besides these legal variations there were many differences, especially in the early periods, between Jewish practicesMinhag
Minhag is an accepted tradition or group of traditions in Judaism. A related concept, Nusach , refers to the traditional order and form of the prayers...
in Israel and Babylon (sometimes called "the East"). The differences are fifty in number according to one authority, and fifty-five according to another. The most important ones are as follows:
- The fast-day after PurimPurimPurim is a Jewish holiday that commemorates the deliverance of the Jewish people in the ancient Persian Empire from destruction in the wake of a plot by Haman, a story recorded in the Biblical Book of Esther .Purim is celebrated annually according to the Hebrew calendar on the 14th...
in memory of the persecution of the Jews in AlexandriaAlexandriaAlexandria is the second-largest city of Egypt, with a population of 4.1 million, extending about along the coast of the Mediterranean Sea in the north central part of the country; it is also the largest city lying directly on the Mediterranean coast. It is Egypt's largest seaport, serving...
by the Greek general Nicanor prior to his defeat by the Maccabeans was observed in Israel only. - The cycle of the Pentateuch reading, which in Israel was completed in three or three and one-half years, was elsewhere completed in one year, on Simchat TorahSimchat TorahSimchat Torah or Simḥath Torah is a celebration marking the conclusion of the annual cycle of public Torah readings, and the beginning of a new cycle...
. - In Israel one of the congregation was honored in being permitted to take the scroll from the Ark, and another was similarly honored in being permitted to return it to its place ("hotza'ah" and "haknasah"): elsewhere it was considered an honor only to restore the scroll to the Ark.
- In Israel seven persons constituted minyanMinyanA minyan in Judaism refers to the quorum of ten Jewish adults required for certain religious obligations. According to many non-Orthodox streams of Judaism adult females count in the minyan....
for kaddishKaddishKaddish is a prayer found in the Jewish prayer service. The central theme of the Kaddish is the magnification and sanctification of God's name. In the liturgy different versions of the Kaddish are used functionally as separators between sections of the service...
and barakut: elsewhere no less than ten persons were required. - In Israel the Sabbath was announced every Friday afternoon by three blasts on the shofar: this was not done elsewhere.
- In Israel no one touched money on the Sabbath: elsewhere one might even carry money on that day. Jews who are strictly shomer shabbos will not carry anything except, for this one condition, permitted items for which the eruv allows.
- In Israel the nuptial ceremony was distinguished by the sanctification of the ring given by the groom to the bride. In Babylon the ring "was not in sight" (this phrase is ambiguous, and some interpret it as meaning that the presentation of the ring occurred not in public at the synagogue, but in private [see "Sha'are Ẓedeḳ," responsum No. 12]).
- In Israel the law that a widow should not be permitted to marry within twenty-four months after her husband's death if when he died she had a suckling babe, for fear she might commit infanticide, was enforced even if the child died within that period; in Babylon she was permitted to marry within that time if the child died.
- In Israel mourning was observed for any infant: in Babylon, not unless it was older than thirty days.
- In the Land of Israel a pupil was permitted to greet his teacher with "Peace to thee, master": in Babylon, only when the pupil was first recognized by his teacher.
Another difference between the Jerusalem and the Babylonian schools was in the degrees of confidence shown in supernatural remedies and charms; these occur much less frequently in the Jerusalem Talmud
Jerusalem Talmud
The Jerusalem Talmud, talmud meaning "instruction", "learning", , is a collection of Rabbinic notes on the 2nd-century Mishnah which was compiled in the Land of Israel during the 4th-5th century. The voluminous text is also known as the Palestinian Talmud or Talmud de-Eretz Yisrael...
than in the Babylonian. In particular, those in the Land of Israel did not believe in the apprehension of danger from the occurrence of even numbers, known as "zugot".
Jewish Encyclopedia bibliography
The Jewish EncyclopediaJewish Encyclopedia
The Jewish Encyclopedia is an encyclopedia originally published in New York between 1901 and 1906 by Funk and Wagnalls. It contained over 15,000 articles in 12 volumes on the history and then-current state of Judaism and the Jews as of 1901...
article was written by its Editorial Board Executive Committee & Judah David Eisenstein.
- Ishtori Haparchi Kaftor Ve-Ferach, ch. x.:
- Israel Shklov, Pe'at ha-Shulchan, Safed, 1837;
- Zizling, Yalkut Eretz Yisrael, Vilna, 1890;
- Müller, in Ha-Shachar, vols. vii. and viii.