[Avodah] yishuv EY

[saul mashbaum]

>>(2) The poskim pasken that a man can
force his wife to make aliyah.  <<

>>>>>
RTK wrote:
>>

Is this the generally accepted psak?  
>>

Yes, certainly in principle. See further on 

RTK
>>
My impression was the opposite -- that if his wife refused to live in E'Y, this would be one of the [few] permissible reasons not to live in E'Y.  Or was it only that a man is allowed to leave E'Y in order to find a wife -- but then can compel the wife he has found to leave her parents and follow him to E'Y?! 

>>

The latter.

The Shulchan Aruch is explicit that this rule applies now: See Even HaEzer 75;3-4. Either party may compel the other to make aliyah, and failing to do so is grounds for divorce, with financial penalties (if the woman is the one who refuses, she loses her ktuba, and if the man refuses he must divorce his wife if she insists, and pay her her ktuba). The mechaber in seif 5 says "yesh me sheomer" that this does not apply if travel to Israel is particularly dangerous, and gives parameters for safe travel, which clearly are fulfilled nowadays.

The Pitchei Tshuva there has a long and very interesting discussion of the subject of the mitzva of yishuv EY b'zman hazeh ; he is inclined to accept the opinion that it applies, based in part on the psak of the SA that kofin laalot l'EY. He quotes Shu"t Meil Tzedaka siman 26 in which a local beit din issued a ban on travelling to EY with small children, because of the dangers involved. The MT  concludes this ban is unreasonable, has no halachic basis, is in error, and can be ignored!

Saul Mashbaum
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