I really admire and respect Avira for his breadth of knowledge and insight on hashkafah and halacha. I would like his understanding of the following sources: First is the Avnei Nezer, Yoreh De’ah 454 section 6 where he was asked whether there is a mitzvah of living in Eretz Yisrael suggests that even according to the Rambam the mitzvah is a full D’oraisa. he explains that the reason the Rambam did not count the mitzvah is because when one mitzvah is intended to facilitate the performance of another, the Rambam lists only the first of the two.
The mitzvah in Devarim of destroying the nations hindering the Jewish conquest and settlement of the Land was given to enable settling the Land. Having specified this mitzvah, which facilitates yishuv haaretz, the Rambam does not mention the actual mitzvah of conquering and living in the Land. Also, I would like Avira’s opinion on the Rambam in Hilchos Melachim 11, 2 who brings the Bar Kochba rebellion which was supported by R. Akiva and his many students as part of the advent of the hoped for ymos hamashiach. Therefore it would seem clear that the Rambam feels that the oaths are not halachic, for Bar Kochba (with Rabbi Akiva’s support) rebelled against the Romans and tried taking the Eretz Yisrael by force. Also, what about the gemora on Yoma 9b which seemingly contradicts the 3 Oaths and says that we should “rise up as a wall”, and that we were punished for not doing this in the time of Ezra where we were supposed to build the Bais Hamikdash. Also, Avira I would like your take on Shir HaShirim Rabba 8, 9 (3), where Rav Zeira, the author of the 3 Oaths in Kesubos seems to change his mind explicitly when he adopts the alternative opinion mentioned in Yoma 2. Also, I see that Rav Meir Simcha was mentioned in this thread. In his letter to the Keren Hayesod, he apparently interpret the oaths as aggadita, and says that, after the Balfour Decleration in 1917, (which was ratified internationally in San Remo) whereby the nations of the world officially recognized the right of the Jews to create a national home in Eretz Yisrael, “it removes all ‘fear’ of those oaths”. Rashi had explained not to take the land by force, but once the nations gave us permission, as in this case, it seems not to be a problem. Also, I would like Avira’s understanding of Rav Shlomo Kruger. It’s my understanding that R. Kluger explains that if the gentiles don’t observe their oath, we are exempt from ours. After the Holocaust, where the goyim did oppress us ‘too much’, it would seem that we would no longer obligated by our oath, and it is no longer “before its time”. Also, what about the Gra who appears to explains that not to “rise up on the wall” means we swore not to rebuild the walls of Yerushalayim and the Beis haMikdash, which does not appear relevant to declaring a state (The source for this would be Vilna Gaon, Commentary on Shir HaShirim 2, 7, in his Siddur). Regarding the process of aliya, the Vilna Gaon’s torah on is’arusa dilitata is discussed in Kol HaTor, written by his talmid Rav Hillel MiShklov and the mass aliya of hundreds of the students of the Gaon appear to reflect the Gaon’s position.
I’m not coming from a place of worship or adoration for the State of Israel. We are a nation because of the Torah Hakedoshah. I value Avira’s thoughts and opinions as I see him as real talmid chocham who wants the best for our brothers, klal Yisrael. I have no vested interest in any hashkafa, pro- Zionist or anti-Zionist. I’m just here to be educated by different viewpoints on stated sources so I can further my knowledge base.