Question
Is the Gaza Strip considered part of the original Land of Israel, and does it have the holiness (kedushas Eretz Yisrael) today? I was told that in Gush Katif the custom was to separate terumos and maasros from produce without a blessing, because it is questionable whether Gaza has the halachic status of Eretz Yisrael. This surprised me, since Gaza is mentioned in Tanach and I always assumed it is part of Eretz Yisrael. Can you clarify whether this is accurate and explain the reasoning?
Answer:
Indeed, the Gaza Strip is part of the biblical and scriptural Land promised to the Jewish people, as Hashem promised to Avraham, and as is included in the borders described in Parshas Masei. For this reason, the area was conquered by the Jewish people who entered the Land from Egypt under Yehoshua, and it thereby was fully part of kedushas ha’aretz at that time. However, after the Jewish people were exiled after the destruction of the first Temple, it was not reconquered by those who returned with Ezra, and therefore did not receive the later sanctification of the Second Temple period, known as Olei Bavel. For this reason, although it retains its biblical, scriptural, and historical association with Eretz Yisrael, its halachic status today is subject to debate among the Poskim. Practically, according to the main approach, even today we treat the Gaza Strip as part of Eretz Yisrael regarding its general holiness and the mitzvah of settling the land; however, regarding mitzvos dependent on the land, although we separate terumos and maasros from all produce, a distinction is made: for produce that has a stronger, more primary (biblical-type) obligation—such as grain, grapes, and olives—we separate with a blessing, whereas for other fruits and vegetables we separate without a blessing due to the halachic doubt.
Is the Gaza Strip Part of Eretz Yisrael? – Summary Table
| Section | Summary |
| Question | Is Gaza part of Eretz Yisrael today, and why were terumos and maasros taken without a blessing in Gush Katif? |
| Basic Answer | Gaza is within the biblical Land of Israel and was conquered by Yehoshua (kedushah rishonah), but was not sanctified by Ezra (kedushah shniyah), leading to halachic debate today. |
| Practical Ruling | Gaza is treated as part of Eretz Yisrael for general holiness and settlement, but agricultural mitzvos are debated. |
| Trumos & Maasros | All produce: separated. Grain, grapes, olives: with bracha. Other produce: without bracha due to doubt. |
| Key Principle | Different “levels” of Eretz Yisrael exist: promise to Avraham, Torah borders, Yehoshua’s conquest, and Ezra’s resettlement. |
| Main Distinction | Kedushah rishonah (temporary) vs. kedushah shniyah (permanent). Gaza only has the first. |
| Halachic Debate | Some exempt Gaza fully from agricultural laws; others require at least partial obligations. |
| Practical Custom (Gush Katif) | Follow both views: separate everything, but only say a bracha where obligation is stronger. |
| Important Note | Even where agricultural obligation is doubtful, many hold the land still retains general holiness and mitzvah of settlement. |
| Conclusion | Gaza is biblically part of Eretz Yisrael but halachically partial today, leading to stringency without full obligation. |
Explanation:
The concept of determining which areas possess the holiness of Eretz Yisrael is quite nuanced and depends on what aspect of “holiness” one is referring to. There is, first, a general spiritual holiness associated with the Land of Israel. In addition, there is the mitzvah of settling the land (yishuv Eretz Yisrael). Furthermore, there are distinct mitzvos that apply to agricultural produce grown within the defined halachic borders of the land.
These various aspects do not always coincide. In other words, it is possible to find areas that possess certain elements of the holiness of Eretz Yisrael—such as spiritual sanctity and the mitzvah of settlement—yet do not carry full halachic obligations regarding agricultural mitzvos. Conversely, there can be regions that have a degree of obligation concerning agricultural laws, while not being fully classified as part of Eretz Yisrael in other respects, such as the case of Suria which was Rabbinically obligated in tithes despite not being part of Eretz Yisrael. Furthermore, it is possible for a given area to be considered within the borders of Eretz Yisrael according to one described boarder or at one period in history, yet not be included within its borders according to another described boarder or at a different period in history.
The reason for these distinctions are as follows: The status of any given piece of land as being part of Eretz Yisrael depends on several defining factors.
- First, there are the original borders promised to Avraham Avinu by Hashem at the covenant of Bris Bein Habesarim, known as the Promised Land. This included a total of ten lands.
- Second, there are the borders explicitly described in the Torah by Moshe, particularly in Parshas Masei. This included a total of seven lands.
- Third, there are the areas that were actually conquered and settled by Bnei Yisrael when they entered the Land under Yehoshua. This is known as the first sanctification (kibush olai Mitzrayim or kedushah rishonah).
- Finally, there are the regions that were later reconquered and resettled by those who returned from exile with Ezra during the Second Temple period, which established a second, enduring sanctification (Oleh Bavel or kedushah shniyah).
Thus, when discussing whether a particular area is considered part of Eretz Yisrael, it is essential to clarify which dimension is being addressed: whether one is referring to its inclusion in the original land promised by Hashem to Avraham, or its presence within the borders described in the Torah in Parshas Masei, or whether it was conquered and sanctified during the initial conquest under Yehoshua (the first sanctification), or whether it was later reconquered and resettled by the returnees with Ezra, thereby receiving the second, enduring sanctification.
We will now clarify the distinctions between these different levels. Each of these four levels is fundamentally different.
The borders of Eretz Yisrael described in Scripture
The original borders of Eretz Yisrael, namely those promised to Avraham Avinu which reaches all the way to the Euphrates and include parts of Lebanon, Syria and Iraq, represent the ultimate and intended boundaries of the Land. For this reason, they are referred to as the “Promised Land,” as these are the territories that were divinely promised. However, these areas do not necessarily possess the halachic sanctity relevant for practical mitzvos today. The mere promise to Avraham did not, in itself, confer holiness upon the land—neither with respect to agricultural mitzvos nor regarding the sanctity connected to settling the land or the prohibition of leaving Eretz Yisrael.
Accordingly, if a person today were to purchase a home and reside in places such as Syria, northern Lebanon, or Jordan, he would not fulfill the mitzvah of dwelling in Eretz Yisrael. Traveling to or living in such areas is halachically akin to being in the Diaspora, with all its relevant implications. This is because, although these lands are included within the borders promised and are destined to ultimately become part of Eretz Yisrael, at present they have not attained that status in practice and therefore do not share the current halachic sanctity of the Land.
The reason for this is because Avraham Avinu was promised ten different lands for his descendants. However, only seven of these were ultimately given to the Jewish people during the time of Moshe and Yehoshua, while the remaining three are destined to be granted to them only in the future. Until such time, these areas do not attain halachic sanctity, just as the Land of Canaan itself did not possess holiness prior to its conquest. From here we see that in order for the Land of Israel to attain holiness, it is not sufficient that it be promised by Hashem; it must also be conquered and settled by the Jewish people.
This concept likewise explains the borders described by Moshe Rabbeinu in Parshas Masei. Although these borders define the land designated for the Jewish people, the areas only receive actual halachic sanctity—whether for agricultural mitzvos or other laws—once they are conquered and settled. This conquest and settlement transform the land from a potential status into an actualized holiness. This is known as the first sanctification (kedushah rishonah), which we will now distinguish from the later sanctification. (However, there are many sources which state that although the full halachic sanctity does not take effect upon the land until it is actually conquered, nevertheless a certain level of spiritual sanctity rests upon the land from the moment that Hashem promised it to us in the days of Avraham Avinu. Accordingly, even prior to the conquest of the land of Canaan, it already possessed some degree of holiness; it simply required conquest in order to attain its complete sanctity for all halachic purposes. However, this concept seemingly does not apply to the three lands that are destined to be given to us only in the future.)
The Difference Between the First and Second Sanctifications
A key distinction relevant to our discussion is the difference between the first sanctification (kedushah rishonah) and the second sanctification (kedushah shniyah), and how each affects the halachic status of different regions of Eretz Yisrael.
Kedusha Rishona: The first sanctification took place when Bnei Yisrael entered the Land under Yehoshua and conquered it. Through this conquest and settlement, the land attained holiness, making it obligated in agricultural mitzvos such as terumos, maasros, and shemittah. However, according to most opinions, and so is the final ruling in the Poskim, this sanctification was only temporary as it was dependent on Jewish control of the land. Once the Jewish people were exiled, the holiness established through this first sanctification was no longer active.
Kedusha Sheniya: The second sanctification occurred when the Jews returned from the Babylonian exile with Ezra and reestablished settlement in certain parts of the Land. According to most Poskim, this sanctification was of a different nature that the first one: it was not dependent on conquest alone or an enduring form of settlement on the land and was rather made into permanent holiness. Therefore, all areas of land settled by Olei Bavel retain their full halachic status of Eretz Yisrael even today after subsequent exiles. For this reason, the primary biblical obligation of mitzvos dependent on the land today applies only to those areas that were included in this second sanctification. Accordingly, there are regions that were originally sanctified during the time of Yehoshua but were not resettled during the time of Ezra.
The Practical Status of Areas Sanctified by Only One Kedushah
Now that we have explained the differences between the written borders, the areas that were actually conquered and sanctified, and the distinction between the first sanctification and the second sanctification, we must now address the practical question: what is the halachic status of a piece of land that was only sanctified under one of these two kedushos?
Lands Sanctified by the Second Kedushah: A land that was conquered and resettled during the time of Ezra, known as kedushah shniyah, is considered fully part of Eretz Yisrael in every respect. All halachos apply to it completely—its holiness, the mitzvah of settling the Land, and all agricultural mitzvos such as terumos, maasros, and shemittah. This sanctification remains in effect permanently, and therefore these areas represent the primary halachic definition of Eretz Yisrael today. Now, although there is a discussion among the Rishonim regarding whether the sanctity of Eretz Yisrael was nullified after the destruction of the Second Temple and the subsequent exile. Practically, however, we follow the opinion that this sanctity was not nullified, and therefore the areas that were sanctified through kedushah shniyah retain their holiness permanently.
Lands Sanctified Only by the First Kedushah: However, regarding lands that were sanctified only during the first sanctification—kedushah rishonah—by Yehoshua, of which we rule its Kedusha was nullified, and not sanctified again during the time of Ezra, we enter an area of significant debate among the Poskim. Some Poskim hold that such areas are completely exempt from agricultural mitzvos, meaning there is no obligation to separate terumos and maasros, and the laws of shemittah do not apply there at all. According to this view, once the first sanctification ceased and the land was not re-sanctified, it lost its halachic status regarding these laws. Other Poskim, however, argue that these areas still retain a degree of connection to Eretz Yisrael for agricultural purposes. Even though they may not have the full status of kedushah shniyah, they nevertheless maintain a level of obligation. This can be compared to areas such as Suria, which, although not fully part of Eretz Yisrael, were nevertheless obligated in certain agricultural mitzvos. Accordingly, it would be reasonable that lands which were part of the original Eretz Yisrael, even if not re-sanctified, would retain at least a partial obligation.
Scope of the Obligation: Within this more stringent approach itself, there is a further discussion regarding the scope of the obligation. Some hold that the obligation applies only to those crops that were biblically obligated, such as grain, grapes, and olives. However, fruits and vegetables, whose obligation is primarily rabbinic [with exception to Rambam whol holds fruits of tree are Biblical], would not require separation in these areas. Others, however, extend the obligation even further.
Practical Custom (Gush Katif): Practically, the accepted custom, as followed in places such as Gush Katif, was to account for both opinions. Accordingly, terumos and maasros were separated from all produce. For grain, grapes, and olives, the separation was done with a blessing, reflecting the stronger obligation according to many opinions. For other fruits and vegetables, separation was performed without a blessing, due to the halachic doubt and the rule of safek brachos lehakel.
Distinction Between Agricultural Laws and General Holiness
An important point must be emphasized. Even according to those authorities who hold that agricultural mitzvos do not apply in areas that lack kedushah shniyah, this does not necessarily mean that such lands lack all holiness. According to most Poskim, the issue of agricultural obligation is separate from the general holiness of the Land and the mitzvah of settling it. Thus, even in areas where agricultural laws may not fully apply, there may still remain a mitzvah of yishuv Eretz Yisrael and a degree of inherent sanctity to the land. Although some opinions disagree, the main practical approach follows this distinction.
The Status of the Gaza Strip (Gush Katif)
Last but not least, we must now address the main question: what is the halachic status of the Gaza Strip, and specifically Gush Katif? Having established the general principles, we can now apply them to this case.
It is clear from the description of the boarders in scripture that the Gaza Strip is included within the borders promised to Avraham Avinu, and likewise within the borders described in the Torah in Parshas Masei. In addition, according to some opinions it was conquered and settled by Bnei Yisrael at the time of Yehoshua during the initial conquest of the Land, and therefore received the sanctity of kedushah rishonah. [However, according to others, it was not conquered even by Olei Mitzrayim.]
However, with regard to the second sanctification of kedushah shniyah by those who returned from Bavel with Ezra, according to all opinions the Gaza Strip was not included. It is recorded that Ashkelon marked the southern boundary of the areas settled by the returnees, and since Ashkelon lies north of Gaza, this indicates that the Gaza Strip itself was not part of the second sanctification.
Accordingly, the Gaza Strip falls into the category we discussed above: an area that was included within the biblical and Torah-defined borders, and which was possibly conquered and sanctified during the time of Yehoshua, but was not reconquered or resettled during the time of Ezra. Its halachic status, therefore, follows all the rulings we outlined for lands that possess kedushah rishonah but not kedushah shniyah.
Sources
See Encyclopedia Talmudit Erech Eretz Yisrael Vol. 2 pp. 198-235; Hatorah Veha’aretz Vol. 7 pp. 146-160
See regarding Bris Bein Habesarim boarders: Bereishis 15:18-21; Devarim 7:1; Encyclopedia Talmudit ibid p. 299-201 footnotes 19-56 [see there that we merited in Eretz Yisrael from the time of the promise to Avraham and that regarding certain matters of holiness, it already began from that time] and p. 205 footnotes 199-230 [Explains the various opinions regarding the precise boundaries and territories included within the Land promised to Avraham Avinu, as well as whether those areas retain any holiness of Eretz Yisrael today despite never having been conquered. In addition, he discusses the three lands of the Keni, Kenizi, and Kadmoni, which are included in the original promise but are destined to be given to the Jewish people only in the future, and therefore do not currently possess the halachic status of Eretz Yisrael.] p. 213 footnotes 1-41 [explains the Kedush from time of promise]
See regarding Parshas Maasei Borders: Bamidbar 34:1-15; Encyclopedia Talmudit ibid p. 206 footnotes 231-321 [Explains that based on the wording of Scripture, as well as the opinions of the commentators, the exact borders described in Parshas Masei—particularly the southern boundary—include the Gaza Strip according to all views. Whether one follows the opinion that the southern border extends to the Nile, or the opinion that it reaches only until Wadi al‑Arish, in either case the Gaza Strip remains within the defined borders of Eretz Yisrael.]
See regarding Olei Mitzrayim borders and its Kedusha today [dispute]: Tur Y.D. 331 and Rambam Terumos 1:8 and Beis Habechira 6:16 [no kedusha today]; Chagiga 3b; Yevamos 16a; Erechin 32b; Bava Basra 56a; Chulin 7a; Raavad on Beis Habechira ibid; Kaftor Viferach Chapter 3 and 11; Encyclopedia Talmudit ibid p. 209 footnotes 322-340 [regarding its borders]; and p. 215 footnotes 42-87 [regarding its Kedusha]; Eretz Chemda 1:4
See regarding if the Gaza strip was included in Olei Mitzrayim Conquest: Mishneh Shevi’is 6:1; Encyclopedia Talmudit ibid p. 209 footnotes 323-339; No: Rambam Terumos 1:7 and 9 [ends before Ashkelon]; Yes: Rambam Terumos 1:8 and Shemita Veyovel 4:26 [until Nachal Mitzrayim]; Tosafus Gittin 8a [includes Ashkelon]; Kaftor Viferach Chapter 11; Hatorah Veha’aretz Vol. 7 pp. 146-160
See regarding Olei Bavel borders and its Kedusha today: Mishneh Shevi’is 6:1; Rambam Terumos 1:8 and Maasros 13:3 [has eternal Kedusha]; Encyclopedia Talmudit ibid p. 209 footnotes 341-383 [regarding borders] and p. 216 footnotes 88-129 [regarding Kedusha]; Eretz Chemda 1:4 No Kedusha today: Rashba Shavuos 16a; Yevamos 82a; Tosafos Yevamos 82a; Meiri Yevamos 81b
See regarding that the Gaza strip was not included in Olei Bavel Conquest: Mishneh Gittin 2a; Yerushalmi Shevi’is 6:1; Encyclopedia Talmudit ibid p. 210 footnotes 366-376
See regarding tithing Olei Mitzrayim lands even today: Yes: Rambam Terumos 1:2 and 5; Meiri Chulin 7a; Chazon Ish Shevi’is 3:24; Madanei Aretz Terumos 1:5; No need to Tithe: Mahariy Krakas on Rambam ibid; Must tithe all produce: Implication of Rambam ibid; Rashi Yevamos 16a; Must only tithe Biblical produce: Meiri ibid; Kaftor Vaferach 5
See regarding Kedusha of all scriptural land and Olei Mitzrayim Lands today: Has Eternal Kedusha: Kaftor Viferach Chapter 10; Radbaz Sanhedrin 4:6; Mur Uketzia 306; Aruch Hashulchan C.M. 3:12; Chazon ish Shevi’is 3:19; Encyclopedia Talmudit ibid p. 201 footnote 83 and p. 213 footnotes 1-41 Has no Kedusha: Tosafos Gittin 2a; Maharit 1:47; Tashbeitz 3:200; See Avnei Nezer Y.D. 454:52; Yeshuos Malko Y.D. 67