Does Korban Pesach Depend on the Land of Israel?

Is every Jew around the world obligated in going to Jerusalem for the three holidays? Is everyone obligated in doing the Korban Pesach?

The Yerushalmi, Tosfot and other Rishonim have an interesting opinion linking between living in Israel, owning land in Israel and the obligation of bringing the Korban Pesach.

The Gemara in Pesachim 3b brings a story about Rabbi Yehudah ben Betera:

A certain gentile would ascend on the pilgrimage to Jerusalem, claiming he was Jewish, and eat Paschal lambs in Jerusalem. He would then return home and boast about how he had tricked the Jews. He said: It is written: “This is the statute of the Paschal lamb; no foreigner may eat of it” (Exodus 12:43), and another verse says: “Any uncircumcised man shall not eat of it” (Exodus 12:48). And yet, I ate from the finest of the fine portions of the Paschal lamb.

Rabbi Yehuda ben Beteira said to him, in an attempt to thwart any repetition of this action: “Did they feed you from the fat tail of the lamb? Do you really think they gave you the finest portion?” The gentile said to him: “No”. Rabbi Yehuda ben Beteira replied: “If so, when you ascend there next time, say to them: ‘Feed me the fat tail’”. The next year when he ascended, he said to the other members of the group he joined: “Feed me from the fat tail.” They said to him: “The fat tail is offered up to God”.

They said to him: “Who said that to you, to ask for that portion?” He said to them testily: “It was Rabbi Yehuda ben Beteira.” They said: “What is this incident that has come before us? Could Rabbi Yehuda ben Beteira have told him to eat the fat tail?” This matter must be investigated further. They investigated his background and found that he was a gentile, and they killed him. They sent a message to Rabbi Yehuda ben Betera: “Peace unto you, Rabbi Yehuda ben Beteira, as you are in Netzivin and your net is spread in Jerusalem. Despite your distance from Jerusalem, you enabled us to apprehend a person who deceived us.”

Tosfot asks why did Rabbi Yehuda Ben Beteira  send a hint to the Jewish people that the person asking for the tail isn’t Jewish? Didn’t Rabbi Yehuda ben Beteira go to Jerusalem himself?

Tosfot brings three answers, two are very surprising: Rabbi Yehudah Ben Beteira didn’t own land in Israel and therefore wasn’t obligated to go to Jerusalem for the holiday. Another answer is that Netzivin, Rabbi Yehuda Ben Beteira’s town was out of Israel, and therefore he wasn’t obligated to go to Jerusalem. Both answers connect between the land of Israel and pilgrimage. If one doesn’t own land in Israel or lives out of Israel, he is not obligated to go to Jerusalem, even to do the Pesach. This is very surprising. We are used to thinking of Korban Pesach as a Mitzvah that every Jew is obligated to do. Tosfot says that this isn’t true and it’s an obligation only for people who have a connection to the land of Israel.

This Tosfot is based on the Pasuk and a Gemara a few pages later, Pesachim 8b. The Torah (Shemot 34, 24) blesses the pilgrims that “no man shall covet your land”. This blessing is repeated a bit differently in sefer Devarim, which brings the question, what do we learn from the words ``no man shall covet your land”. Rabbi Ami explains that any person who has land in his possession is obligated to ascend to the Temple for the three pilgrimage Festivals. One who does not have land in his possession is not obligated to ascend for the Festivals.

Although not all of the Rabbis agree with Tosfot, this opinion is brought by many Rishonim and in the Yerushalmi (Pe’ah 3, 7). 

A few  reasons are given to explain why the Mitzvah to go to Jerusalem depends on owning land in Israel. From the Halachik aspect, the mitzvah to ascend to Jerusalem belongs to a group of Mitzvot that depend on the land. Although we do the Mitzvah with our body, it is actually similar to Ma’asrot or other Mitzvot that depend on the land. This is learnt from the Pesukim in Shemot “And when you enter the land that the LORD will give you” (Shemot 12, 25) and “when the LORD has brought you into the land” (Shemot 13, 5). Celebrating in Jerusalem and bringing the Pesach aren’t only thanking Hashem for choosing us as a nation, but also thanking Hashem for giving us a holy land. Taking us out of Egypt was only half of the process, the goal was to receive the Torah and bring it to practice in Israel. Therefore, only one who lives in Israel and owns land can feel the happiness of this national goal.

Understanding the connection between the land of Israel and Pesach explains also the Haggadah we all read. The Haggadah is based on the pesukim  of the Bikurim. During the time of the Temple, every person that owned land in Israel and had fruit, used to bring the first fruit, Bikurim, to the Temple. When bringing the fruit, they used to read the pesukim that we say in the Haggadah starting with the Pasuk “Arami oved Avi” (Devarim 26, 5). Why is the Haggadah based on these pesukim and not on the story of going out of Egypt, as written in Shemot? 

The reason for basing the Haggadah on Bikkurim is that they are very similar. Both depend on owning land in Israel. The Haggadah is hiding a hint. Yes, for many years we will be in exile, we will not own land in Israel, we will not be able to bring Bikkurim or do Pesach. Yet, as we pray for redemption and building of theTemple, we should also pray for returning to the land of Israel. Having the Temple isn’t enough to enable us to celebrate Pesach in the right way, we need to also be in Israel.

לשנה הבאה בירושלים הבנויה