In 1930, at a building dedication for the Jewish National Fund (JNF) - the organization established to redeem land in Israel - Rav Kook spoke about the rights of the Jewish people to Eretz Yisrael.

Faithful and Righteous

The prophet Isaiah proudly called out to the Land of Israel, "Open, O gates, so that the righteous nation that keeps faithfulness may enter in" [26:2].

Isaiah mentioned two qualities of the Jewish people. He describes them as "shomeir emunim" - faithful to their special covenant with God. In addition, they are a "goy tzaddik" – a righteous nation that acts in a fair and just manner. What does this quality add?

We are a righteous nation not only among ourselves. Also on the national level, in our relations with other nations, we aspire towards equitable dealings. Even as we take the necessary steps towards repossessing our land, we do so in a kind and just way. As we return to the Land of Israel, we eschew taking it by force, but use peaceful ways, paying for property in full. We act as a "goy tzaddik", a righteous nation, even though we are "shomeir emunim" – we have a special covenant with God and our rights to the Holy Land were never abrogated.

Eternal Rights to the Land

Our eternal rights to the Land of Israel have a legal foundation in Halachah. Rabbi Nachshon Gaon, the ninth-century head of the Academy of Sura, wrote that any Jew can use land as the basis for executing the sale of movable objects ("kinyan agav karka"). What is remarkable about this ruling is that such a transaction is valid even if one does not own any real estate - since every Jew possesses an inheritance of four cubits in the Land of Israel [quoted in the responsa of R. Meir of Rothenburg]. From here we see that, even during those periods when the Land of Israel was stolen from us, this theft did not void our legal rights to Eretz Yisrael.

While there is a rule that 'land cannot be stolen,' it is likely that the conquest of land in war may be considered a form of acquisition that nullifies prior ownership of property. However, that is only true for land that the owners have the right to buy and sell. With regard to the Land of Israel, the Torah established, "The land cannot be permanently sold, for the land is Mine"  [Lev. 25:23]. The special bond between the Land of Israel and the Jewish people has a Divine validity that can never be nullified. No form of acquisition, whether by purchase or conquest, can cancel a Jew's rights to his portion in the Land. And certainly nothing can revoke the rights of the entire Jewish people to their holy inheritance.

Peaceful Conquest

However, since we are a righteous nation, we try as much as possible that our repossession of the Land of Israel be through consent, by peaceful purchases. This way the nations of the world cannot lodge complaints against us. As the Midrash states: Regarding three places the nations of the world cannot claim 'You are occupying stolen territory,' since they were purchased at full price - the Machpelah cave in Hebron, the field in Shechem, and Mount Moriah in Jerusalem [Bereishit Rabbah 79:7].

As we return to our country and renew our ownership of the land, we exercise our eternal rights of Divine inheritance and also the accepted means of monetary acquisition. We return to our land as a nation that is both "shomeir emunim" and tzaddik. The JNF, which has proudly taken upon itself this great mission of redeeming the Land, works towards fulfilling Isaiah's stirring call. Let the gates of Eretz Yisrael open up, "so that the righteous nation that keeps faithfulness may enter in!" 

[adapted from Mo'adei HaRe'iyah pp. 413-415]

Copyright © 2006 by Chanan Morrison