Peaceful aliyah with permission from the ruling power – revisiting the Satmar Rebbe’s proofs

The first of the Three Oaths is that the Jewish people must not go up to Eretz Yisroel “as a wall.” In Vayoel Moshe, Maamar Shalosh Shevuos Siman 10, the Satmar Rebbe lists 3 possibilities for what this might mean: 

1) The immigration of a large group, all together

2) The immigration of the majority of the Jewish people

3) A military invasion, without the permission of the nation living there.

The Rebbe then spends simanim 11-22 ruling out possibility #3. (Of course, even if #3 were correct, the Zionists violated this oath by creating a state through warfare in 1948.) His proofs are:

1. The Yefei Kol, in his second explanation, says that the oath holds even with permission. (Siman 11)
2. The Ramban in Maamar Hageulah says that the Jews of Babylonia were afraid to return to Eretz Yisroel, even with Cyrus’s permission, because they feared transgressing the oath.  (Siman 12)
3. The Ramban on Parshas Ki Savo says that after the Jewish people went into exile, the curses of the Tochacha no longer affect them. Therefore we must not return to Eretz Yisroel en masse, even with permission. (Siman 14)
4. The Ohr Hachaim on Parshas Bechukosai says that it is wrong to question why Hashem had to punish us by sending us to Chutz Laaretz, as opposed to punishing us in some other way in Eretz Yisroel. It’s Hashem’s will that we should be in Chutz Laaretz, and we must not try to thwart His will, even with permission from the nations. (Siman 15)
5. The Ohr Hachaim also writes there that the purpose of exile was so that the land should rest. If the nation ruling the land lets us back in, how can we accept that offer – maybe the land has not rested long enough? (Siman 17)
6. The Gemara in Pesachim 87b and the Tanna Devei Eliyahu say that scattering the Jews is Hashem’s way of protecting them. Accepting an offer to return to the land would put the Jews in danger. (Siman 18)
7. The Gemara in Avodah Zarah 10b says that Hashem scattered the Jews because the world needs them. The Maharsha explains: to spread emunah in the world. Accepting an offer to return to the land would thwart this purpose. (Siman 18)
8. The Midrash on Lech Lecha says, “Know that I scatter them, know that I gather them.” Since Hashem is the one who will gather us, we cannot do it on our own, even with the agreement of the nations. (Siman 18)
9. The Midrash Shir Hashirim says that when moshiach comes, the Jews will still question whether they completely fulfilled the decree of exile by going to all 70 nations. Only moshiach was able to reveal that they did. If we go back now, before moshiach, how will we know that we fulfilled the decree? (Siman 19)
10. The Arizal says that certain Jews have to be exiled to certain countries to gather up the lost sparks of their souls. Only Hashem knows who has to be where. Therefore we should not return to Eretz Yisroel before the end of exile, even with the agreement of the nations, because then we would leave that work incomplete. (Siman 19)
11. The Maharal says that we may not violate the oath even if ordered to do so at gunpoint by the nations. All the more so that if they give us permission, we may not go. (Siman 20)
12. The Raavad on Eduyos says that even after the geulah, Hashem will not bring us directly to Eretz Yisroel; He will first bring us through the “Desert of the Nations”. So definitely before the geulah Hashem does not want us in Eretz Yisroel. (Siman 21)

But we do find great Rishonim and Acharonim such as the Kaftor Vaferach and the Megillas Esther who say that “ascending as a wall” means conquering the land. The implication is that mass immigration with permission from the ruling power would be allowed. How would they respond to the Satmar Rebbe’s sources?

Some of the sources listed above are Rishonim or Acharonim themselves, so there’s no need for the Megillas Esther to respond to them – he could simply disagree. This narrows the list down to items 6, 7, 8 and 8, which are from Chazal.  

The answer, I believe, is that there are the Three Oaths, and then there is a broader concept called the gezeiras hagolus – Hashem’s decree of exile. Not every aspect of this decree has to be included in the oaths. So there may not be a specific oath prohibiting the Jewish people from coming peacefully en masse to Eretz Yisroel, without founding a state. Yet to do so would be unwise and even heretical, because it would demonstrate a lack of trust in Hashem. We are scattered for our own protection, say Chazal. We are scattered because it was Hashem’s plan to spread emunah in the world. Our exile is not an accident. It will end when Hashem wants it to end; we need not take matters into our own hands.

So it would be accurate to say that according to all opinions, gathering the Jews together before moshiach comes is the wrong thing to do. Does it violate the oath? If totally peaceful, then some hold it does and some hold it doesn’t. If it requires a war (the Israeli War of Independence) then it is forbidden under the oath according to all.

For more details on the Satmar Rebbe’s proofs, read this translation of Vayoel Moshe.