Rav Kook on the Torah Portion
Israel Independence Day
Redeeming the Land
Israel Independence Day: Redeeming the Land
In 1930, at a building dedication for the JNF (Jewish National Fund) - the organization established to redeem land in Israel - Rav Kook spoke about the rights of the Jewish people to the Land of Israel.
Righteous and Faithful
The prophet Isaiah proudly called out, "Open, O gates, so that the righteous nation that keeps faithfulness may enter in." [26:2] Isaiah mentioned two qualities of the Jewish people:
They "keep faithfulness" - they are true to their special covenant with God. They are a "righteous nation" - they act in a fair and just manner.
This righteousness is expressed not only among individuals. Also on the national level, in our relations with other peoples, we aspire towards equitable dealings. Thus, 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. This is so, even though our rights to the Holy Land were never abrogated.
Eternal Rights
Our eternal rights to the Land of Israel have a legal foundation in Halacha. Rabbi Nachshon Gaon, the ninth-century head of the Academy of Sura, wrote that any Jew can use land as the basis for an acquisition ("kinyan agav karka"). Even if the individual does not own real estate, he always possesses his personal inheritance of four cubits in the Land of Israel. [quoted in the responsa of Rabbi Meir of Rothenburg] From here we learn that, even during those times when the Land of Israel was stolen from us, this theft does not void our rights to the Land.
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." [Leviticus 25:23] The special bond between the Land of Israel and the Jewish people has a Divine force that cannot 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 says, "Regarding three places, the nations of the world cannot claim, You are occupying stolen territory", since they were bought at full price: the Machpela cave in Hebron, the field in Shechem, and Mount Moriah in Jerusalem. [Breishit Rabba 79:7]
As we return to our country and renew our ownership of the land, we exercise both our eternal rights of Divine inheritance, and also the common and accepted means of monetary acquisition. 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 Moadei Hare'iya pp. 413-415]