A Matter Of Priority
‘Lands Shown By Hashem To Moses Are Subject To Tithes’
(Bava Basra 56a)
Rav Yehuda said in the name of Shmuel that only produce of the lands that Hashem showed Moses (from atop Mount Nevo before his death) are subject to terumos and ma’aseros – tithes. Thus, the lands that were not shown to Moses lack the sanctity of Eretz Yisrael and are therefore not subject to tithes.
Which Lands
The Gemara identifies these lands as being of the Kenite, Kenizite and Kadmonite. Although Hashem had promised Abraham (Parshas Lech Lecha, Bereishis 13:14-17, 15:18-21) that these lands as well will be part of his descendants’ inheritance (ibid. 15:19), since they were not conquered by Joshua they lack the sanctity of Eretz Yisrael, even should they be conquered at a later time.
Where You Tread
Parshas Ekev (Devarim 11:24) states the following regarding the land of Israel: “Kol hamakom asher tidrach kaf ragleichem bo lachem yihyeh” – any place that the sole of your foot will tread will be yours. Sifrei, cited by Tosafos (Gittin 82 s.v. “Kibbush Yachid”) commentary on the above verse, explains that all land conquered by Bnei Yisrael will have the sanctity of the Land of Israel.
Mishneh LaMelech (Parshas Derachim, Darush 6; see also Rashi to our daf) citing the Sifrei, asks why are these three lands, which were promised to Abraham, excluded from the sanctity of the Land of Israel, after they are eventually conquered?
Yereisha L’Bnei Esav, Yereisha L’Bnei Lot
The gaon Rabbi Moshe Feinstein (Dibros Moshe, siman 38) explains that these lands were comprised of Seir, Amon, and Moab, the inheritance of the children of Esau and Lot. And we find in Parshas Devarim (Devarim 2:9-22) that Bnei Yisrael are warned not to provoke the children of Lot and Esau into war because their lands were given to them as an inheritance. And Ramban (Sefer HaMitzvos – after the Mitzvos Lo Ta’aseh, at the end) asserts that this prohibition was even for all future generations as well. Thus, Rabbi Feinstein suggests that these lands are different since we may never conquer them.
However, as to acquisitions in the time of Moshiach, those will not be considered as being done through war and as such will be rightful acquisitions. (See Tosafos – Gittin 8a s.v. “Kibbush Yachid,” Tosafos, Bava Basra 90b s.v. “kach ein motzi’in leSuria” who explain that lands that King David conquered were not considered “milchemes mitzvah,” a holy war, because he should have first consulted with Sanhedrin – as he had not yet conquered all of the lands in Eretz Yisrael and instead he sought to first conquer these lands.)
