[Avodah] [Areivim] Haaretz: building settlement by non-Jewish workers permitted on Shabbat

[Zev Sero]

On Areivim, Moshe Feldman wrote:
> http://www.haaretz.com/hasen/spages/992214.html

> Gisser said there have been previous cases in which such halakhic
> sanctions were granted for settlements in the territories. As for the
> halakhic reasoning, Gisser cited a Talmudic ruling (in Tractate Gittin)
> that says that the commandment to settle the land of Israel overrides
> the principle of not engaging non-Jews to work on Shabbat.

This seems like an open-and-shut halacha.  If an opportunity to buy land
in EY from a goy arises on Shabbat, and after Shabbat it may no longer
be available, one may tell the goy to write the contract and register it
with the government (i.e. to do melachot de'oraita), because mitzvat
Yishuv EY overrides the prohibition on Amira Lenochri (or rather because
the Chachamim didn't forbid AlN when it would interfere with YEY).
This is brought lema'aseh in SA OC 306:11, and in SAH 306:24, and I'm
not aware of anyone who disputes it.  The MA cites the Rambam that this
applies even to areas that do not have kedushat haAretz.

I don't see any meaningful distinction between the classic case and the
one in Ofra.  If these buildings are not completed as quickly as possible,
the Court may stop construction altogether.  Surely this is exactly the
sort of situation for which Chazal created this exception to the law of
Amira Lenochri, and R Gisser is 100% correct in permitting it.  I don't
understand the objections that the article claims are being made to this
heter.

-- 
Zev Sero               Something has gone seriously awry with this Court's
zev at sero.name          interpretation of the Constitution.
                       	                          - Clarence Thomas