Bostoner Torah Insights: Bostoner ‘Chassidus’ in Hebrew and English: Parshas Matos Maasei – 26 Tamuz 5786
Bostoner Torah Insights - Yerushalayim
Bostoner Torah Insights
Bostoner ‘Chassidus’ in English
Parshas Matos Maasei – 26 Tamuz 5786
Bostoner Rebbe shlit’a – Yerushalayim
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Although the tribe of Menashe did not seem to ask for land on the Eastern side of the Jordan River, the way Bnei Gad and Reuven did, Moshe includes them in his proclamation. It is also important to note that Moshe does not include Menashe in his conditional stipulation to Bnei Gad and Reuven, that they must cross the Jordan River with the rest of Bnei Yisroel to help them drive out their enemies from the land, or they will forfeit their territory East of the Jordan River, which we refer to as Ayvair L'Yarden.
The Chidushei HaGriz (Siman 140) explains that if Bnei Gad and Reuven fulfilled their promise, they would be the exclusive recipients of Ayvair L'Yarden. If they did not fulfill their promise, they would inherit land that was originally intended for them in Eretz Yisroel proper and the territories of Ayvair L'Yarden would be jointly owned by all of Bnei Yisroel.
In addition, he points out that Ayvair L'Yarden was not part of the covenant of Eretz Yisroel that Hashem made with Avraham Aveinu, and the Rambam (end of Hilchos Shmitah and Yovel) codifies that Kohanim only have rights to lands that were part of the covenant between Hashem and Avraham.
However, he stresses that the half of the tribe Menashe received Eretz Refaim, as the Pasuk says, "The rest of Gilead and the entire Bashan, of the Kingdom of Og, did I give to half the tribe of Menashe, the entire region of the Argov of the Bashan, which is called Eretz Refaim" (Devarim 3:13). Rashi there comments that this Eretz Refaim was the same territory that Hashem promised to Avraham at Bris Bein HaBetarim, "…the Chiti, the Prizi and the Refaim" (Beraishis 15:20). So it turns out that this Eretz Refaim was meant to be part of the regular division of Eretz Yisroel, only that Moshe assigned it to half of Shevet Menashe without a divine lottery, however it is really part and parcel of Eretz Yisroel proper.
A practical Halachic difference is regarding the laws of Bikkurim. Although there may be a Mitzvah D'Rabanan to bring Bikkurim from Ayvair L'Yarden (Rambam Hilchos Bikkurim 2:1), all agree that according to Torah Law, the area of Ayvair L'Yarden is excluded from the Mitzvah of Bikkurim. The Talmud Yerushalmi (Bikkurim 1:8) has a difference of opinion why Ayvair L'Yarden is excluded. According to one opinion, Ayvair L'Yarden is excluded because in the declaration that is made when the Bikkurim is brought, the Torah says, "He brought us to this place, and He gave us this Land, a Land flowing with milk and honey" (Devarim 26:9). Since Ayvair L'Yarden is not defined as 'a land flowing with milk and honey' it is exempt from Bikkurim according to Torah Law. The second opinion is that Bikkurim is excluded because of the phrase in the next Pasuk, "And now behold, I have brought the first fruit of the ground that You have given me Hashem" (Devarim 26;10). Since Ayvair L'Yarden was not 'given' by Hashem, but was 'taken' by the initiative of Bnei Gad and Reuven through their agreement with Moshe Rabbeinu. The Gemara concludes, that according to the first opinion the territory of the half tribe of Menashe is Biblically exempt from Bikkurim, whereas according to the second opinion, the land of Menashe on the Eastern side of the Jordan is obligated in Bikkurim according to Torah Law.
In Parshas V'Eschanan we find that Hashem commands Moshe, "Ascend to the top of the summit and raise your eyes westward, northward, southward and eastward, and see with your eyes, for you shall not cross the Jordan River" (Devarim 3:27). The word 'eastward' implies that Hashem had Moshe look out in the direction of Ayvair L'Yarden, even though this was not part of the land that Moshe Rabbeinu was forbidden to enter. It would seem this was Hashem's way to show Moshe that he agreed with his decision, and that Ayvair L'Yarden would also be part of Eretz Yisroel.
In the Book of Yehoshua (19:47) we learn that even though the tribe of Dan was given a portion along the western coast along the Mediterranean, they also conquered an area in the northwest, near the current Lebanon border in the Golan Heights, known as the Banias. The question is raised: should this land be obligated in tithes/Maaser. We find that the territory of Suria conquered by King David was considered the conquering of an individual which is exempt from Maaser, certainly, the conquering of the tribe of Dan in the times of Yehoshua should also be considered the conquering of an individual.
I thought that perhaps the answer is that since Hashem showed Moshe Rabbeinu the land of Israel, Moshe must have also seen the area of the Banias. The Gemara (Baba Basra 56a) states that any land that Hashem showed to Moshe Rabbeinu is obligated in Maaser. Thus, not only is the Banias obligated in Maaser, but all of the land of Ayvair L'Yarden is obligated in Maaser, not because of how it was conquered, but because Hashem showed Moshe the land.
May Hashem speedily return Bnei Yisroel to its ancestral portions and rebuild the Beis HaMikdash, so that we may fulfill all the Mitzvos of Masser according to Torah law, along with the Mitzvah of Bikkurim.