The Three Oaths is the name for a midrash found in the Babylonian Talmud, and midrash anthologies, that interprets three verses from Song of Solomon as God imposing three oaths upon the world. Two oaths pertain to the Jewish people and a third oath applies to the gentile nations of the world. For their part, Jews were sworn not to "ascend as a wall" to reclaim Land of Israel and not to "rebel against the nations of the world." In turn, the other nations were sworn not to "subjugate the Jews excessively."
Among Orthodox Jews today there are primarily two ways of viewing this midrash. Haredim who are strongly anti-Zionist often view this midrash as legally binding, and therefore the movement to establish the state of Israel and its continued existence would be a violation of Jewish law, whereas Religious Zionists have the view that either the oaths are no longer applicable or that they are indeed binding, but the current movement is not a violation of them. Both buttress their positions by citing historic rabbinic sources in favor of their view.On haredi opposition to Zionism
The midrash and its prooftext The three oaths are derived from Biblical verses during a sugya, or Talmudic passage, about Zeira's desire to move from Babylonia to the Land of Israel. Zeirva realizes that his teacher, Rav Yosef, considers it a Biblical sin to leave Babylonia for the land of Israel. The sugya begins on Ketubot 110b and continues on 111a (where the Three Oaths are plainly conveyed). The Gemara quotes Jose bar Hanina:
The Midrash is, in large part, an explanation of three verses in the Song of Songs with the phrase "I adjure you". The midrashic exegesis of these verses is consistent with the traditionalist understanding of the entire book as an allegory for the relationship between God and the Jewish people. The three verses are:Translation: JPS 1917
Versions of the oaths also appear in midrash anthologies. Song of Songs Rabbah has two additional oaths for Israel: to not "force the end" and not reveal secrets. Midrash Tanchuma on Deuteronomy has three oaths for Israel: to not reveal the end, not force the end, and not rebel. Ravitzky also sees the idea of the oaths in an earlier, tannaitic midrash, Mekhilta of Rabbi Ishmael.
Viewpoint of the rishonim
Maimonides Maimonides cited the Three Oaths in his famous Epistle to Yemen, written around 1173. In this letter, Maimonides attempted to strengthen the morale of the Yemenite Jews, who were suffering from a decree of forced conversion to Islam as well as a false messianic movement that led many Yemenite Jews away from traditional practice. In the letter he states:
Bahya ben Asher
The 13th-century commentator Rabbeinu Bachya wrote in his commentary on : ... and it is written "And Hezekiah prayed before God". So too we are required to follow in the way of the Patriarchs and to restore ourselves so that we may be graciously accepted and with our fine language and prayer before God, may He be exalted. However, to wage war is not possible, "you have been adjured daughters of Jerusalem, etc."Song of Songs 2 You have been adjured not to engage in war with the nations.Rabbeinu Bachya, Commentary to Genesis 32:8
Nachmanides
Ramban did not explicitly discuss the Three Oaths, however he did maintain that it is incumbent upon Jews in every generation as a positive commandment to attempt to repossess the Land of Israel:
That we are commanded to take possession of the Land which the Almighty, Blessed Be He, gave to our forefathers, to Avraham, to Yitzchak, and to Yaakov; and not to abandon it to other nations, or to leave it desolate, as He said to them, "You shall dispossess the inhabitants of the Land and dwell in it, for I have given the Land to you to possess it,"Numbers 33:53 and he said, further, "To Inherit the Land which I swore to your forefathers (to give them)"; behold, we are commanded with the conquest of the land in every generation.In his glosses to Maimonides' Sefer HaMitzvot, Positive Commandment #4. Translation from Torat Eretz Yisrael by David Samson p. 112
This implies that the Three Oaths are not Halachically binding, as to treat them as binding would effectively nullify a biblical commandment.
Nachmanides continues to say this command applies in every generation, even during exile: [The sages] made many other such emphatic statements regarding this positive commandment that we are commanded to possess the Land and settle it. It is therefore an eternal positive command, obligating every single individual even during the time of Exile as is known from the Talmud in many places.Nachmanides, Addendum to Maimonides' Book of Commandments (positive commandment #4)Dr. Reuven Firestone, "Judaism – Medieval Period"
Anti-Zionist responses
In general, the counts of 613 commandments excludes one-time commandments (such as God's command to count the Jews in Numbers 1:2). According to Rabbi Joel Teitelbaum, Nachmanides' words "we are commanded with the conquest of the land in every generation" mean only the generations until the era of exile, not all generations. Nevertheless (according to Teitelbaum's understanding of Nachmanides) since the commandment applied for multiple generations and not just at one moment, it qualifies to be listed among the 613 commandments.Rabbi Joel Teitelbaum, Vayoel Moshe, Maamar Yishuv Eretz Yisroel, Chapter 2
Other attempts to reconcile Nachmanides with the Three Oaths Rashbash (himself a descendant of Nachmanides) understood this particular biblical obligation to be binding on the individual level but not on the collective:
In truth, this commandment is not a commandment which includes the entirety of Israel in the Exile which now exists, but it is a general principle as our Sages stated in the Talmud in Ketubot, that it stems from the Oaths which The Holy One, Blessed be He, made Israel swear not to rush the End, and not to ascend like a wall.Responsa Rashbash, 2
Rabbi Chaim Zimmerman distinguished between settling the land and conquering the land. He said the commandment is realized by settling the land, and conquering is merely a preparation for the core obligation of settlement. The obligation to settle the land does not necessarily violate the Three Oaths. Rabbi Zimmerman adds that the Three Oaths only apply to invading the land from the outside, and once Jews have arrived in the land with the permission of non-Jews, they may then fight for control of the land. He writes: ... the difficulty in the Ramban which says that the mitzva of kibush prevails in our time against the oath, dissolves. The oath, shelo yaalu bechoma means explicitly that we cannot storm eretz-Yisrael from chutz-laaretz. But when the Jews are in eretz-Yisrael, there is surely a hechsher mitzva of kibbush-haaretz. How can the Jews be in eretz-Yisrael without the aliyah "bechoma"? The answer is very simple. If many Jews came to eretz-Yisrael individually, or by permission of the nations, then once they are there, there is a command of kibbush.... There was never an oath upon the people who were in eretz-Yisrael.See also Tzvi Magence (1914–1989) in his Magen Tzvi who writes that oaths only applies to those living outside the Land of Israel.שהשבועה שלא יעלו בחומה אין זה נגד מצות כבוש הארץ... כי השבועה שלא יעלו בחומה היתה על אלה שגלו וישבו בבבל או בכל מקום אחר בחו״ל, עליהם נאמר שלא יעלו בחומה ושפיר אתי הלשון שלא יעלו. אכל אלה היושבים בציון עליהם לא היתה כלל השבועה שלא ילחמו
Viewpoint of the early Acharonim
Maharal
Maharal discussed the Three Oaths in two locations, in his work Netzach Yisrael and in his commentary to Tractate Ketubot.First published from original manuscripts in 1960. See R. Gil Student, Religious Zionism Debate p. 16 In his work Netzach Yisrael he wrote:
Another explanation of the Midrash's statement (he is speaking of Shir Ha-Shirim Rabba 2:20 that begins "ורבנן אמרי השביען בדורו של שמד") that God adjured the Jewish people in a generation of Shmad (religious persecution Jews, or decrees against Jews): that even if they will threaten to kill them with difficult torture, they will not leave [the Exile] nor will they change their behavior in this mannerNetzach Yisrael, Ch. 24
However, in his commentary to Ketubot the Maharal explains that the Oaths are rather heavenly decrees, necessary to maintain the unnatural state of exile:
שבועות הללו וכו'. פי' כאשר הש"י גזר הגלות על ישראל, והגלות הזה אינו לפי הסדר שראוי להיות בעולם, כי לא תמצא שהאומה יהי' גולה ויהי' יושבים בתוך ארץ אומה אחרת, רק כל אומה ואומה היא תחת רשותה, והש"י גזר הגלות על ישראל והגלות הזה אינו לפי סדר הראוי שיהיה בעולם ולפיכך היה הש"י גוזר קיום על גלותם. ואם לא הייתה הגזירה הזאת על דבר שהוא כנגד הסדר, אין לו קיום כי הסדר גובר עליו. ומפני זה היו ג' שבועות, כלומר ג' גזירות
"These oaths" etc. This refers to when the Lord, blessed be he, decreed exile on Israel; and this exile is not according to the proper order of the world, as you will not find a nation that is exiled and dwells in the land of another nation, but every nation and nation is under its own authority. And [indeed] the Lord, blessed be he, decreed exile on Israel, and this exile is not according to the proper order of the world, and therefore the Lord, blessed be he, decrees their exile's being. And if not for this decree on that which is against the order, it [which is against the order] could not exist for order prevails. And thus were three oaths, that is three decrees
Rabbi Chaim Vital The 16th Century Kabbalist, Rabbi Chaim Vital expressed the view that the Three Oaths were only binding for the first thousand years of Exile. He wrote:
'I made you swear, daughters of Jerusalem...' this great oath to God was that they should not arouse the Redemption until that love will be desired and with good will, as it is written 'until I desire,' and our Sages already said that the time of this oath is a thousand years, as it is written in the Baraita of Rabbi Yishmael in Pirkei Heichalot (in a comment on Daniel 7:25)..., and similarly in the Zohar II:17a...that it is one day of the Exile of the Community of Israel...R. Chaim Vital's Introduction to Sefer Eitz Chayim
Modern era
Debate on the appropriate understanding of Maimonides
Religious Zionists suggest that in Maimonides' Epistle to Yemen, he explicitly interprets the oaths metaphorically, and not literally. As it states there "Therefore he admonished and adjured them in metaphorical language (דרך המשל, lit. by way of metaphor) to desist." Therefore, they maintain, that Maimonides did not consider them to be Halachically binding.R. Gil Student, The Religious Zionism Debate p. 18
A member of the Haredi community, Rabbi Chaim Walkin points out in his book, Da'at Chaim, that Maimonides discussed the Three Oaths only in the Epistle to Yemen, but not in his Halachic work, the Mishne Torah. R. Walkin postulates that this is because while Maimonides saw these oaths as important, he did not consider them to be legally binding as Halacha, only that they serve as "warnings that these actions would be unsuccessful".Rebbetzin Dev orah Fastag, Zionism