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What makes land "chutz la'aretz" versus territorial Eretz Yisrael without kedusha? The shiur analyzes Tosafot's famous difficulty on Gittin 2a and develops the Rabbeinu Tam's position that ownership of Eretz Yisrael never lapsed in galus—only yishuv (settlement) determines kedusha. The discussion clarifies why the Mishna uses "Medinas HaYam" rather than "chutz la'aretz" for the bifnei nechtem requirement.
The shiur opens by reviewing the question introduced yesterday: Why does Surya (Syria) have a status of kibbush yachid? Rashi (רש"י) explains that Surya is kibbush yachid because it was not conquered by kol Yisroel. Tosafot, citing a Midrash Sifrei, says it is kibbush yachid because Dovid HaMelech conquered Surya before completing the conquest of the seven Canaanite nations—therefore it was not done b'seder (in order) and is considered a private conquest rather than a national one. The Rambam (רמב"ם) brings both reasons, and the shiur suggests that the Rambam is presenting two distinct halachos. In Hilchos Terumah, the Rambam first cites Rashi's reason (needs to be in the name of kol Yisroel), and in the next halacha (הלכה) cites Tosafot's reason (needs to be done b'seder). The shiur proposes that there are two separate conditions for kedusha: lands that do not originally belong to Am Yisroel require conquest b'das rov Yisroel and b'shem kol Yisroel. Lands that already belong to Am Yisroel (from the promise to Avrohom Avinu) do not require conquest b'shem kol Yisroel, but a shevet cannot simply take its portion for itself because that would be theft from the rest of Klal Yisroel. That is why Yehoshua divided Eretz Yisroel among the shevatim before the conquest—each shevet then conquered its own allocated portion and was not stealing from the others.
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Gittin 2a
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