Reply To: Rabbi Moshe Sherer and the modern State of Israel

HaKatan said:

“It also affirmed the halachic reality of the Oaths.”

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MY RESPONSE:

The Three Oaths are never mentioned in the Rambam’s Mishnah Torah
or Rabbi Yosef Caro’s Shulchan Aruch, because they are NOT HALACHIC.

The Three Oaths are never mentioned in ANY classic Halachah sefer,
because they are NOT HALACHIC.

This fact has been repeated many times in this Coffee Room.

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Rambam [Maimonides] in his Epistle to Yemen specifically
states that the Three Oaths are “metaphorical”.

Rambam’s Mishneh Torah never rules that The Three Oaths are halachah.
On the contrary, Sefer HaMitzvot positive mitzvah 187 Rambam rules
that the mitzvah to eradicate the Seven Nations is binding for all time.
Meaning that Jews are obligated for all time to conquer and settle Eretz Yisrael!

It appears that Ramban [Nachmanides] implicitly REJECTS
the Three Oaths as Halachically binding.
[He also ruled that aliyah is an obligation for all generations].

Arizal stated that the Gimel Shevuot [Three Oaths]
did not apply after 1,000 years of exile.
Meaning we could have come up by force to conquer Israel after that.
But we did not even do that.

The 16th Century Kabbalist, Rabbi Chaim Vital expressed
the view that the Three Oaths were only binding for
the first thousand [1,000] years of Exile,
in his Introduction to Sefer Eitz Chayim.

Rabbi Meir Simcha from Dvinsk (the “Ohr Sameach”) wrote that
after the Balfour Declaration in year 1917 CE and San Remo Conference
in year 1920 CE, when the powers of the world recognized
the Jewish claim to Eretz Yisrael, the “Three Oaths”
were no longer “nogeah” (applicable).
The same thing is true for Mandate for Palestine plan
approved by the League of Nations on July 24, 1922.

Tzitz Eliezer went a step further: He held that since the
United Nations Organization voted to establish a Jewish Homeland,
it would be rebelling to ignore them,
and therefore we were obligated to form the State of Israel!!

Rabbi Shlomo Kluger held that since Jews were severely persecuted
by the other nations, The Three Oaths were no longer binding.
He relied on the Shulchan Aruch which rules that
both sides are needed to maintain an agreement.

The Three Oaths are Agadic Midrash, and therefore they are
NOT Halachically obligatory [they are not legally binding].

If the Three Oaths are Halachically obligatory, then
why are they NEVER MENTIONED in Rambam, Rif, Rosh,
Shulchan Aruch or Kitzur Shulchan Aruch or Mishnah Berurah?