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LEAD TIDBIT: Many printed editions of Sefer HaMitzvot of the Rambam include the challenges and comments of Ramban. It is not sufficient for Ramban to claim that a particular mitzva on Rambam’s list should not be counted, separately or at all. He cannot leave the list short of 613. Therefore, those editions of Rambam’s counting that contain Ramban’s comments also contain a list of those mitzvot that Ramban counts among the 613, to bring his list back up to that number, so to speak. What has become known as “The fourth mitzva”, because of its position on the Ramban’s list, is Mitzvat Yishuv Eretz Yisrael, the command to accept G-d’s offer of the Land and to live in it (having done what it takes to accomplish that goal). Ramban’s view is that the mitzva applies today, just as it has always applied, and that one is duty-bound to live in Eretz Yisrael. Many argue that this view is shared by Rambam, even though he
did not number the mitzva among Taryag (613). Rambam considered himself a sinner
by not living in Eretz Yisrael. He quotes the Gemara, that one should live in
Eretz Yisrael even in a city the majority of whose inhabitants are idol
worshipers, rather than live in Chutz LaAretz, in a city with a Jewish majority. In addition to the mitzva to live in Israel, there is also the fact that many mitzvot apply only in Israel. Living here facilitates the fulfillment of other mitzvot, even without a Beit HaMikdash yet. “It’s difficult.” “I have elderly parents in the States, how can I leave them?” “My profession is not good for Israel - how will I make a living?” There are many reasons for not living in Israel. Some of them are “good” reasons; others are “just teirutzim”. All that is besides the point here. The point is that it is a mitzva to live in Eretz Yisrael.
(Whether it is an obligation-type mitzva or a fulfillment-type is also besides
the point.) It also is a wonderful and special place to live. And it is obvious
from numerous p’sukim in the Torah that G-d wants His people to be in Eretz
Yisrael. [The Parshat
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