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Yerushalayim and the Shvatim

By: Guests
Harav Assaf Bednarsh (summarized by Jessica Blank, '08)

Yom Yerushalayim 5768

Rav Bednarsh did not review these notes

On Yom Yerushalayim we can ask ourselves several questions regarding the history of Yerushalayim and its significance. The first question is to what shevet the city of Yerushalayim belongs to; Yehuda, Binyamin, both or neither? The Gemara in Yoma 12a discusses a machloket regarding this question. The Tanna Kamma says that Yerushalayim belongs to no one; it was not “nitchalka l’shvatim”, divided amongst the tribes. However, R’ Yehuda disagrees with the Tanna Kamma and says that Yerushalayim was divided amongst the shvatim: A part belongs to Yehuda (i.e. the courtyards and offices of the Beit Hamikdash as well as well as small part in the actual Beit Hamikdash, the place of the mizbayach) and part belongs to Binyamin (the actual Beit Hamikdash with the exception of the mizbayach).

 There is another Gemara in Bava Kamma 82b which discusses all the halachot that don't apply in the city of Yerushalayim such as "eyn habayit chalut bah" (if one buys a house in a walled city, and the original owner doesn't redeem it within twelve months he can't ever redeem it, even during yovel. However, this halacha doesn't apply to the city of Yerushalayim, eglah arufa and tzaraat on houses (which only occurs on land that belongs to a specific shevet). This Gemara would imply that we follow Tanna Kamma from the first Gemara, i.e. Yerushalayim belongs to all of Klal Yisrael. The Rambam in Hilchot Beit Habehira 7:14 seems to agree with this.

However there is a contradicting Gemara in Zevachim 53b which discusses how there is an area of the yesod (the base of the mizbayach onto which the blood of the mizbayach drips) that is missing. The reason that the Gemara gives for this odd structure, is that it was the area that was taken out of Yehuda’s portion and given to Binyamin.

 In order to solve this problem, Tosefot, commenting on the Gemara in Yoma, provide another reason for the missing part of the yesod. Tosefot explains that it has nothing to do with the portions of Binyamin and Yehuda. Rather the mesorah as to how to build the mizbayach says that the yesod shouldn’t be built in the southeast corner. However, this answer is challenged by both the Kessef Mishna and the Sma”G who follow the reasoning of the Gemara in Zevachim. However, they still agree that “Yerushalayim nitchalka l’shvatim”

 We can also look into the Tanach itself to see amongst which shevet, if any at all, Yerushalayim is divided. The first place it is discussed is in Yehoshua 15:63 which says that Yehuda had control of Yerushalayim. However in Yehoshua 18: 21, 25 and Shoftim 1: 21, it says that Yerushalayim belonged to Binyamin!?

 This contradiction can be resolved by following the opinion that Yerushalayim was divided between the two shvatim. However it still challenges the sources that say “Yerushalayim nitchalka l’shvatim”.

 There are several possibilities to reconcile this contradiction. The first is a historical possibility: Yerushalayim was first split up between Binyamin and Yehuda and during the time the Beit Hamikdash was being built all of Klal Yisrael chipped in to buy Yerushalayim so that it would be publicly owned. However, the question that Tosefot asks on this idea is why would Klal Yisrael buy all of Yerushalayim as public domain, and not just buy Har Habayit?

 Perhaps the answer to this question can be found in the Rambam’s commentary to the Mishna in which he provides three examples in Halacha that mention the Beit Hamikdash but are really referring to Yerushalayim as a whole. He then expounds on this idea saying that Yerushalayim is an extension of the Beit Hamikdash in which to serve Hashem. It is the place where everyone lodges during the time of aliyah laregel and because it was part of the mitzva, it too needed to be a public place. A proof of this is the Korban Shelamim which can be eaten in any part of Yerushalayim and not just in the Beit Hamikdash itself.

 A second possible answer is that there are two different types of ownership that the Gemara and the mefarshim are referring to in regards to “Yerushalayim lo nitchalka l’shvatim”. There is personal ownership where the individual(s) have possession of the actual item or its deed. On the other hand, there is sovereignty, i.e in which shevet the land is in. In the case of Yerushalayim, the personal owner is all of Klal Yisrael and it falls under the sovereignty of Yehuda and Binyamin.

 Another opinion is that of the Chazon Ish, who says that Yerushalayim only belongs to Binyamin and Yehuda, and is not the public property of all of Klal Yisrael. He quotes two Rashi’s. The first Rashi, in Bava Kamma 82b, which says that because Yerushalayim was never split up the laws of all walled cities apply to it as well. The second Rashi the Chazon Ish quotes is in Megilla 26a where he says that because Yerushalayim isn’t owned by a specific Shevet, people living there cannot charge rent during aliyah laregel, they have to let people board for free because it is not their land. The Chazon Ish then compiles these two Rashi’s and interprets all the sources that say that “Yerushalayim lo nitchalka l’shvatim”  as meaning that it WAS in fact divided amongst the Shvatim with the exception of those times that all of Klal Yisrael needed it. He views the machloket as a question of full ownership (that Binyamin and Yehuda own Yerushalayim  at all times) vs. partial ownership (that the ownership of Binyamin and Yehuda comes secondary to Klal Yisrael’s ownership and is null and void during the times, such as aliyah laregel, that Bnei Yisrael needs the city).

 Another important question is what is the significance of Yerushalayim that there are so many machlokot over it and why is it so special to us today? The first, and most common answer is that Yerushalayim’s very essence is holy because it is the makom haMikdash and therefore is the holiest place we have.

 Another aspect of Yerushalayim that adds to its kedusha is that it is the place that every single Jew in the world faces when they daven, regardless of whether the Mikdash is actually there. Yerushalayim is also the city of “chubra”, connection, as it is referred to in the Talmud Yerushalmi Chagiga 3:6. It is a place where there is no concept of distinction between all the people in Klal Yisrael, such as being worried about the Kashrut in someone’s home (vis-a-vis Terumot u’maasrot). There is something special about Yerushalayim, because it is the “makom asher yivchar Hashem,” and that it unifies people which is why Hashem chose this place to be lo nitchalka l’shvatim . Here, Klal Yisrael is united not divided.

 The idea is also exemplified by the builder of Yerushalayim, David Hamelech. His first act upon becoming king was moving his capital from Chevron, which is in the heart of his Shevet, Yehuda, to Yerushalayim, a more central location to all of Klal Yisrael. He chose to put Klal Yisrael’s needs before those of his own Shevet in order to unify the nation.

 Even today, Yerushalayim still unifies people. Where else except at the kotel can you find a minyan made up of Toldos Aharon Chassidim along with not-yet-observant Jews, people who normally would never daven in each other’s shul, yet join together to daven to Hashem at the most holy place in the world.

 On Yom Yerushalayim not only do we celebrate the reunification of Yerushalayim but we also celebrate how it unifies us, one people with one capital.