Is Syria in or out? Yes and no. TB Gittin 8

We have to know the borders of the Land of Israel because so many laws are only observed within its borders. Two examples immediately come to mind. One is the laws of trumah and ma’aser, the special tithes removed before the produce can be eaten, and only the agent coming from outside the land of Israel has to declare that the bill of divorce he is bringing was written and sealed before him. That is why the first Mishna delineates the borders of Israel for the purpose of gittin.

“Rabbi Yehuda says: With regard to the borders of Eretz Yisrael, from Rekem eastward is considered to be part of the overseas country, and Rekem itself is like east of Eretz Yisrael, i.e., it is outside of Eretz Yisrael. From Ashkelon southward is outside of Eretz Yisrael, and Ashkelon itself is like south of Eretz Yisrael. Likewise, from Akko northward is outside of Eretz Yisrael, and Akko itself is like north of Eretz Yisrael. Rabbi Meir says: Akko is like Eretz Yisrael with regard to the halakhot of bills of divorce.” (Sefaria.org translation)

There are two categories of conquest. The first is the “conquest of the community” (kibush rabim-כיבוש רבים ). This conquest is for the sake of the entire people of Israel sanctioned by the Sanhedrin, a prophet, or the urim and tumim worn by the High Priest. The second category conquest is the “conquest of an individual” (kibush yakhid-כיבוש יחיד). This conquest is for the sake of an individual, a family, or a tribe to enlarge his territory. King David’s war conquering Syria’s purpose was to enlarge his kingdom; consequently, a kibush yakhid. Today’s daf TB Gittin 8 analyzes whether Syria is now considered annexed and part and parcel of the Land of Israel or is it still considered outside the borders the Land of Israel? To put it in modern American terms, is Syria considered like Alaska and Hawaii are more like Puerto Rico? The Gemara answers that in three ways Syria is like the Land of Israel and in three ways dislike the land of Israel.

“The Sages taught (Tosefta, Kelim 1:5): In three ways Syria is equal to Eretz Yisrael, and in three ways it is similar to outside of Eretz Yisrael…Syria has the status of land that is outside of Eretz Yisrael in the following respects: First, its soil is ritually impure like that of land outside of Eretz Yisrael. And the second is that one who sells his slave to a master in Syria is like one who sells him to a master outside of Eretz Yisrael, and the second master is obligated to emancipate the slave. And third, one who brings a bill of divorce from Syria is like one who brings it from outside of Eretz Yisrael, in that he must say: It was written in my presence and it was signed in my presence.

“And in three ways Syria is similar to Eretz Yisrael: Its produce is obligated in tithe and in the mitzvot of the Sabbatical Year like Eretz Yisrael. And one who wishes to enter it while remaining in a state of ritual purity may so enter, as though it were part of Eretz Yisrael. And one who acquires a field in Syria is like one who purchases a field in the outskirts [parvarei] of Jerusalem. The Gemara clarifies: The tanna who says Syria is obligated in tithe and the mitzvot of the Sabbatical Year like Eretz Yisrael holds that the conquest of an individual is called a conquest. Once Syria was conquered by King David, who is considered an individual in this regard, the sanctity of Eretz Yisrael applied to it and its residents became obligated in the mitzvot of Eretz Yisrael. (Sefaria.org translation)

Obviously, this baraita has two other internal problems which now the Gemara needs to solve.

“The baraita teaches: And one who wishes to enter it and remain in a state of ritual purity may so enter. The Gemara asks: But didn’t you say that its soil is ritually impure? How then is it possible for one to enter it in a state of ritual purity? The Gemara answers: The baraita means that one enters it in a chest, a box, or a cabinet. In this case he remains pure, as he did not come into contact with the ground itself.

“As it is taught in a baraita: With regard to one who enters the land of the nations, i.e., any territory outside of Eretz Yisrael, in a chest, a box, or a cabinet, Rabbi Yehuda HaNasi deems him ritually impure, and Rabbi Yosei, son of Rabbi Yehuda, deems him pure. And even Rabbi Yehuda HaNasi deems one who did not touch the ground itself impure only in the land of the nations, concerning which they decreed impurity upon both its clumps of soil and upon its air. However, with regard to Syria, everyone agrees that they decreed impurity upon its clumps of soil, but they did not decree impurity upon its air. Therefore, it is possible to enter Syria and remain in a state of ritual purity if one does not touch the ground itself.

“The baraita further teaches: And one who purchases a field in Syria is like one who purchases a field in the outskirts of Jerusalem. The Gemara asks: With regard to which halakha was this stated? What practical ruling is taught by this statement? Rav Sheshet says: This serves to say that one writes a bill of sale [ono] for this purchase, and one may write a bill of sale even on Shabbat.

The Gemara asks: Can it enter your mind that one may write this bill of sale on Shabbat? Writing on Shabbat is a prohibited labor for which one is liable to receive court-imposed capital punishment. The Gemara explains: This is as Rava says with regard to a similar issue, that one tells a gentile that he should do it, and he does so. Here too, it is referring to a situation where one tells a gentile that he should write a bill of sale, and he does so. And even though the halakha generally is that telling a gentile to perform an action that is prohibited for a Jew on Shabbat violates a rabbinic decree, since the Sages prohibited instructing a gentile to perform prohibited labor on behalf of a Jew on Shabbat, here the Sages did not impose this decree, due to the mitzva of settling Eretz Yisrael.” (Sefaria.org translation)