DA’AS TORAH (A HALACHIC RULING) ISSUED BY THE MOST PROMINENT RABBIS IN ISRAEL CONCERNING TERRITORIAL COMPROMISE IT IS A MATTER OF LIFE OR DEATH TO THE MILLIONS OF JEWS RESIDING IN ISRAEL
There is a definitive ruling inn the Shulchan Aruch (Code of Jewish Law), Orach Chaim 329-6, which states: “if a band of heathens have surrounded a Jewish city (on Sabbath), if their intention is only to rob, we may not desecrate the Sabbath to defend our property. If their intention is to kill or even if their intention is unknown but there is a reason to suspect that it might be to kill – then we are to go forth against them with weapons and we may desecrate the Sabbath for this purpose.
However, if the city in question is close to the border, then even where their intention is only to rob ‘straw or stubble’, we are commanded to desecrate the Sabbath to defend the city against them. “ The RAMA ads: “even if they have not yet arrived but are only preparing to arrive”. The RAV’s Shulchan Aruch amplifies: “However, if the city in question is close to the border, then even where their intention is to rob straw and stubble, we desecrate the Sabbath to defend the city against them, for if we will not do so they might capture this (strategic) city – and from there it will be easier for them to conquer the rest of the land. This coincides with Rashi’s comments (in Eruvin 45a) on the word “Border”: “If it is a city that separates the border of Jews from the border of other nations then we must go out against them to prevent them from conquering this city, for from there it would be easier for them to conquer the rest of the land.”
The ruling in Shulchan Aruch pertaining to a city close to the border is clear: “Even if the attackers only come to rob straw and stubble (i.e. they claim they want peace, not territory) one is obligated to take up arms and go out against them. If there is a possible question of Pikuach Nefesh, i.e. if Jewish lives are jeopardized, then even if it is a SAFEK SFEKA (a remote doubt), one must desecrate the Sabbath – because one is forbidden to allow even the most remote possibility of making it easier for the land to be conquered.
The current situation in our Holy Land us far more severe then that depicted in the Shulchan Aruch, for a number of reasons: 1) all settlements and towns in Israel are currently under discussion for transfer to Arabs “for the sake of peace”, are not only towns close to the border: they are themselves the border. 2) The Arabs are not coming here for ‘straw and stubble’: they are declaring publicly that they want Jerusalem, Ramla, Lod, Jaffa and the Golan Heights.
3) The Israeli government’s policy today is (heaven forbid) to surrender territories on a silver platter, by its own initiative. This will endanger all the residents of Israel, for it will open the way for attackers to conquer the entire land. Hence, this is certainly a matter of Pikuach Nefesh, without any shadow of doubt. In such a case the Shulchan Aruch rules 9and no one contests this ruling) that one must take up arms and go out against them on the Sabbath, so that it will not be easy for them to conquer the land.
Many ask: ‘is it Halachically permissible to surrender territories for peace?” in our opinion, this question is misleading. If it is asked with all sincerity than it should be rephrased to read: “Is it permissible to jeopardize the Jews residing in Israel, to place them in a situation of Pikuach Nefesh, by handing over border towns to the Arabs, and receive in return (at the best…) a piece of paper?!!” As we now, unfortunately, witness, the mere negotiations on transferring settlements to the Arabs have encouraged the terrorists to intensify their attacks against Jews, in every part of Israel. It is frightening to just think what will happen (G-D forbid) if the government hands over those border towns.
The Torah which is a Toras Chaim (a Torah of life) provides the answers to every question that can arise in daily life, and it certainly has an answer to such a fateful questions which affects millions of Jews .ëï éøáå The unequivocal ruling in the Shulchan Aruch is resoundingly clear: it lights up the way and guides us how to act in this case according to Torah. The ruling is that IT IS FORBIDDEN, UNDER ANY CIRCUMSTANCES, TO HAND OVEER PARTS OF ISRAEL TO THE ARABS.
