Parashas Va-eschanan 5770

“And I prayed before G-d at that time” (Devarim 3:23). At which time? “After I conquered the land of Sichon and Og” (Rashi). What did conquering that land, on the eastern side of the Jordan River, have to do with Moshe’s request to cross over and see the land on the western side? “I thought that perhaps the vow (not allowing me to get to the Promised Land) had been undone” (ibid). Most understand Moshe’s hope that G-d would now allow him to cross the Jordan to be based on his giving the Tribes of Reuvein and Gad (and half of Menashe) their portion on the eastern side, thereby bestowing the land with the status of “Eretz Yisrael” (the Land of Israel). Once Moshe was already inside “Israel,” he hoped to be able to cross further into Israel. However, the wording of Rashi (and the parable used in the Sifri, which is Rashi’s source) strongly indicate that it was not assigning the land to specific Tribes that led Moshe to think that he might be able to cross the Jordan, but the fact that he had conquered the land on the eastern side.

Even had he not conquered the lands of Sichon and Og, Moshe would apparently have still been able to enter the land on the eastern side of the Jordan. He had asked Edom permission to pass through the northwestern corner of their land to get to Moav, and asked Moav permission to pass through their land to get to the Plains of Moav (“Arvos Moav”), from where the nation would enter the Promised Land. When Edom (and Moav) refused to give passage rights, the Children of Israel traveled around Edom until they reached the land of Sichon, whereupon Moshe asked Sichon permission to pass through this land. Had Edom (and Moav) or Sichon granted them permission, Moshe would have led his nation to Arvos Moav, bid them farewell, and ascended Mt. Nevo. Getting to Arvos Moav doesn’t seem to have been an issue had it still belonged to Moav or Sichon; it was only after conquering it that Moshe thought that perhaps he could go farther and cross the Jordan. This is borne out by Rashi saying that Moshe thought the vow had been rescinded after he had “conquered” Sichon and Og, not after he “entered” it. Besides, if entering the land that would eventually become part of Eretz Yisroel was the trigger, entering the land that had been occupied by Sichon should have been enough; there would be no reason to include Og’s land as part of why Moshe thought things might have changed.

What was it about conquering the lands of Sichon and Og that led Moshe to believe that he might be able to cross the Jordan River? And why was it only after conquering both Sichon and Og (and not just Sichon) that Moshe thought he might be able to do so?

The conversation between Moshe and the Tribes of Reuvein and Gad, and the implementation of their request, raises several issues as well. Their initial “request” (Bamidbar 32:1-4), was not really a request, but a relaying of information; they had a lot of cattle, and the land they had conquered was perfect for cattle. They didn’t ask for it explicitly, but seemed to hope that upon being informed of the “match” between their needs and that land, Moshe, Elazar and the Tribal Chiefs would realize on their own that the land should be given to them (and would offer it to them). But they didn’t. Instead, the paragraph describing the first communication ends.

Then, in a new paragraph (Bamidbar 32:5-15), they bring up the subject a second time, asking for the land to be given to them as their inheritance. Why didn’t Moshe (et al) respond the first time the topic was brought up?

Rashi (32:24) explains the back and forth between Moshe and Reuvein/Gad to include fighting at the front lines until the land on the west side of the Jordan is conquered, and waiting to return until after the land has been divided and the other Tribes know which portions they are getting. Why was waiting for the land to be divided so important, and why is doing so described as being “for G-d?” This issue becomes even more puzzling when we take into account Rashi’s comments regarding the division of the land (Bamidbar 26:54, which parallel Rashbam’s comments on Bava Basra 122a, see also Ramban on 26:55 and Rashi on 33:54), describing the “lottery” which affirmed the division of the land made via the Urim v’Tumim. We would have expected only 10 Tribes to need the lottery to determine which land they would inherit, but instead there were slips with the names of all 12 Tribes and another 12 slips upon which the 12 areas were written. Since Reuvein and Gad already received their portions of land, why were their names/portions included in the lottery? Additionally, why, if only Reuvein and Gad had requested that their portion of the land be on the eastern side, did Moshe include, seemingly out of nowhere, half the Tribe of Menashe, and also give them their portion on the eastern side of the Jordan?

What would have happened had Reuvein and Gad not asked for the land on the eastern side? Would they have received a portion on the western side, with everybody else? What would have been done with the land on eastern side? (I have previously suggested that had the Eirav Rav survived, perhaps they would have received this land. Even if this were true, since they don’t seem to have survived, what would have been done with it had Reuvein and Gad not asked for it?) Would each Tribe get a portion of it? How would they deal with having some land on the east side, unconnected with their land on the west side? Would it become their vacation spots? Some understand the Ramban (Bamidbar 21:21) to mean that this land would remain desolate, but it is clear from the context that this would only be until the land on the western side of the Jordan was conquered. It is unclear what would have happened to the land of Sichon and Og had Reuvein and Gad not asked for it as their inheritance. I am going to suggest the possibility that even had they not asked, Reuvein and Gad would have received the exact same land. Even though only the land on the western side is considered the “land flowing with milk and honey” (as we shall discuss shortly), there are advantages to the land that was conquered by Moshe (not Yehoshua), where Moshe taught them Torah, and where the manna fell (see www.aishdas.org/ta/5766/sukkos.pdf). If the advantages of the land on the eastern side related better to Reuvein and Gad than those of the eastern side, it would not be as if they were being shortchanged by getting “Eiver HaYarden” (“the other side of the Jordan”), and the lottery would make it clear that their land was as appropriate for them as the other portions were for the other Tribes. After being on the land that was going to be theirs, Reuvein and Gad could feel the connection between themselves and the land. Not just because it served their needs by being able to sustain their large amounts of cattle, but because this was really their land and they could sense that.

From this perspective, let’s reexamine the conversation between Reuvein/Gad and Moshe (et al). Moshe knows that the land just conquered will eventually be given to Reuvein and Gad (and half of Menashe). Had they not conquered it, everybody (besides Moshe) would cross the Jordan, conquer the seven nations on the western side, and then conquer the land on the eastern side that did not belong to Edom, Amon or Moav. At that point, Yehoshua and Elazar would conduct the lottery (etc.), and each Tribe would be given their appropriate portion. However, now that it was conquered, Moshe is faced with a dilemma. If he gives the land just conquered to the Tribes that will eventually get them anyway, it’s not fair to the other Tribes, who have to wait to get their land, and will have to fight against the nations in Canaan while Reuvein and Gad are already settling their land. On the other hand, if he doesn’t give Reuvein and Gad (and half of Menashe) their land now, that means that they will have to shlep their families and all of their belongings over the Jordan (see Bamidbar 32:5), live in temporary dwellings until the land is conquered and divided up, and then shlep everything back over the Jordan to their permanent homes. There is another factor to be taken into account as well.

Rambam (Hilchos Terumos 1:2-3) describes the difference between land conquered by individuals (“kibush yachid”) and land conquered by the nation (“kibush rabim”), and what qualifies for each category. Even land on the western side of the Jordan would not be fully considered “Eretz Yisroel” if conquered by individuals rather than by the whole nation. Yehoshua, knowing the land wouldn’t be fully conquered in his lifetime, therefore divided it up before he died (even before it was fully conquered). This way, when each Tribe conquered their own territory after he died, it would be based on the nation’s will, not just the Tribe’s, and would qualify as being “Eretz Yisroel” in every regard. Land that is not officially part of Eretz Yisroel can become Eretz Yisroel, provided it was conquered by the nation after Eretz Yisroel was fully conquered and divided/settled (see Hilchos Melachim 5:6). Based on this, Rabbi Peretz Steinberg, shlita (Pri Eitz Hachayim on Bamidbar 32:1-2, published in 5766) suggests that had Reuvein and Gad returned before the rest of the land was divided (even if it were after the western side of the Jordan was conquered), their land would not be considered Eretz Yisroel (for mitzvos such as terumah and maaser). This would be another reason not to give the land to Reuvein and Gad before everyone else gets theirs.

When Reuvein/Gad asked for the land, there was no offer of fighting on the western side (and therefore no indication of waiting until after the land was divided). The first time they brought it up, Moshe didn’t respond, hoping they would think things through, and offer to fight on the western side (etc.). But they didn’t, even when they brought it up the second time. It would be bad enough if the other Tribes would have to fight Canaan without the help of all 12 Tribes, especially if the two Tribes that wouldn’t fight were the ones with the best warriors. If the two Tribes that didn’t join them had requested not to fight (by asking for the land on the eastern side), it would be that much worse. Therefore, Moshe laces into them, comparing the damage done if they don’t fight to the damage done by the spies. Reuvein and Gad get the message, and offer not only to join the fight on the western side, but to lead it. And they promise not to return “home” until the rest of land is divided, so that their land will be considered Eretz Yisroel. Moshe tells them that their leading the war was necessary if they want to keep the land on the eastern side (the “tenai kaful”), but asks them to keep the other part of their promise too, not to return until the land is divided (see Rashi on 32:24). This won’t affect keeping the land, but will affect its status regarding mitzvos, and is therefore worth keeping “for G-d.”

Once Moshe was willing to give Reuvein and Gad their portions, he was faced with another dilemma. Can he give Reuvein and Gad their land now, but not give Menashe theirs? Menashe must have also felt a connection to their land, with Menashe’s son Machir even naming his son Gilad (Bamidbar 26:29), the name of the land they felt connected with. (Gilad was the name the area was known by since Yaakov and Lavan built the pile (“gal”) of stones that was witness (“eid”) to their covenant, and was where the caravan that brought Yosef to Egypt originated from.) Menashe may not have been as bold as Reuvein and Gad to ask for their portion now, but that doesn’t mean they didn’t want it now too. How could Moshe make half the Tribe of Menashe shlep their families and possessions across the Jordan to live in Gilgal until the land is divided, and then shlep everyone and everything back, if Reuvein and Gad didn’t have to? Therefore, when Moshe allowed Reuvein and Gad to stay on what would become their land anyway and start building its infrastructure, he also gave Menashe the land that they were going to get on the eastern side.

Before the land was divided, the laws of Shemita didn’t apply even to the land on the western side of the Jordan (see Sifra on Vayikra 25:2). This is learned from the wording of the verses, which tells us that Shmita laws won’t start until “you come to the land that I am giving you” (25:2) and you work on “your field” and “your vineyard” (25:3), i.e. the one assigned to you. The Sifra (here and on 23:10 regarding the Omer offering) explains the words “the land” to mean “the special land,” i.e. the land that flows with milk and honey, and the words “that I am giving you” to exclude the portions of Reuvein and Gad, which wasn’t “given to them” but they asked for. This difference may have practical implications regarding Bikurim (first fruits), as according to one opinion in the Yerushalmi (Bikurim 1:8), Bikurim can be brought from Menashe’s portion on the eastern side of the Jordan, but not from Reuvein and Gad’s portions. The topic of which land-based laws apply where and when is a very complex one, but the points to take from them that are relevant to us are that the laws aren’t necessarily the same for all of the land on the eastern side of the Jordan, non of the land-based laws applied there before the land (on the western side) was divided, none would have applied there had Reuvein/Gad not waited to return until after the division, and not all of them applied to the western side before the division took place.

Had permission been granted to get to Arvos Moav without having to conquer any land first, Moshe would not have thought that his being able to enter land that will eventually become Eretz Yisroel meant he could cross the Jordan. Even after the land of Sichon was conquered, since this became necessary in order to get to Arvos Moav, there was no indication that anything had changed. (This may be why Moshe “feared” Og, as his land wasn’t necessary for access to the Promised Land.) However, once Og’s land was conquered too, Moshe thought that things might have changed, as now he was standing on land that would become Eretz Yisroel, and was conquered for that purpose. Even though there is a difference between the land on the eastern side of the Jordan and the western side, those differences would be minimized after the land was divided, and not all of the mitzvos applied on the western side either until then.

Therefore, after conquering both Sichon and Og, Moshe asked if he could cross over to the western side of the Jordan. Not necessarily to stay there forever, but at least before the land was divided and all the mitzvos applied there, he should be allowed to “cross over and see it” (Devarim 3:25). After all, he was already standing on land that would become Eretz Yisroel once the land was divided.