More Discussions for this daf
1. Whether the corpse of a gentile is Metamei 2. Burning Terumah that is Tamei mid'Rabanan 3. Two "Gardi'im"
4. Tum'ah of Chutz La'Aretz 5. Beith Hillel and Beit Shamai 6. In the Words of his Rebbe
7. The 18 Gezeiros 8. Tum'as Chutz la'Aretz 9. ובד"ה ועל ספק כלים
10. טומאת ארץ העמים 11. הלל ושמעון גמליאל
DAF DISCUSSIONS - SHABBOS 15

kerfish asks:

The gemara shabbas brings down that the Chochamim made a gezera of tumas mes on chutz laa'retz. Why did they do this? Its already assur because of the general issur to leave Israel? Why did they have to make gezera? This even more of a question on the Meire (avodah zara 8a D"h shmonim shanim) who says the whole gezera was to discourage people from leaving Israel. Its alreaddy assur to leave?

Also I was wondering if this gezerah is on the borders of oleh bavel or mitzraim? What about ever hayarden (like the golan?)

Also how does this apply nowadays?

kerfish,

The Kollel replies:

The Issur to leave Eretz Yisrael is not a blanket one, there are leniencies, especially if one wishes to return afterwards. Indeed we see many Amoraim who left Eretz Yisrael to go to chutz la'aretz, including Rav, Rav Dimi and others, who wished to study or teach Torah in Bavel. Chazal however wished to discourage people from going even for these reasons and therefore they made an extra Gezeira, according to the Meiri's view. According to the views that even Olei Mitzrayim is included (see further), even though technically its not Chutz La'aretz they wanted to discourage going to these areas since many Goyim lived there

Additionally this Gezeira has ramifications for a Kohen who would only be allowed to go for study or to marry or another important Mitzvah and only if he cannot perform these in Eretz Yisrael. This issur was established during the time of the Beis Mikdash and may have been primarily aimed at Kohanim in order to prevent them leaving and therefore not being able to perform their duties in the Beis Hamikdash.

Regarding the matter of Olei Bavel and Olei Mitzrayim there's a dispute between the Kaftor Va'ferach and Rashi, with Kaftor Va'Ferach maintaining that even Olei Mitzrayim (e.g. Sidon) is not included in the gezeira and Rashi, Rambam and others disagree. However most of Ever Hayarden is included in Olei Bavel's conquest and there was a flourishing Jewish community in the Golan so this would not be included in Eretz Ha'Amim for this Gezeira.

Yoel Domb