That also is regarded as a land of Rephaim. Rephaim lived there before; but the Ammonites call them Zamzummim.
These pessukim are the subject of a great dispute between the Rishonim. Rashi writes that the fact that it was the land of the Rephaim was a reason for it to be part of the land that was promised and given to Avraham Avinu. However, the possuk is saying, ‘Although this is to be regarded as a land of the Rephaim, it was still not the land that was promised to Avraham.’
The Ohr Hachaim does not initially see a reason to accept this explanation. The Torah merely mentions that it was the land of the Rephaim without the caveat following it. Why should we think the Torah is saying the opposite of the simple meaning of the words? Additionally, the Torah says that Hashem promised this land to Avraham. Why would any of it be excluded from the promise?
It is possible that Rashi meant to deduce his position from the possuk (3:13) later וְיֶתֶר הַגִּלְעָד וְכׇל הַבָּשָן מַמְלֶכֶת עוֹג נָתַתִּי לַחֲצִי שֵּבֶט הַמְנַשֶּה כָּל חֶבֶל הָאַרְגֹּב לְכׇל הַבָּשָן הוּא יִקָרֵא אֶרֶץ רְפָאִים - And the rest of Gil’ad, and all Bashan, the kingdom of Og, I gave to the half-tribe of Menashe, all the region of Argov, even all Bashan, that is called the land of Rephaim. The extra הַהוּא would denote that only those lands are to be considered the land of Rephaim, and not the previously mentioned ones. Rashi on that possuk makes this deduction, as well as in Maseches Chulin (60b).
This deduction is unconvincing to the Ohr Hachaim. Who told Rashi that the word הַהוּא excludes the other places that are not the land of Rephaim? Why would we not say that this excludes another חֶבֶל הַאַרְגֹּב that is not the land of Rephaim? This would fit the narrative better. The previous pessukim say that the land of Amon and Moav were lands in which the Rephaim resided, and Hashem gave the general area of the Rephaim to Klal Yisroel. The word הַהוּא is a continuation of that thought, that this is the only area that is included in the Land of Rephaim.
Another objection posed by the Ohr Hachaim is that the Torah is only talking about the places that are called the Land of Rephaim, not about their actual status. Even though this area was not called ‘the Land of Amon and Mo’av’, which is part of the Land of Rephaim, it was still called the Land of Sichon and Og, because they had conquered it from Amon and Mo’av, but all that notwithstanding, it was still to be considered the Land of the Rephaim. This says nothing about the other lands previously mentioned. This is also why the possuk here writes the word יִקָרֵא - shall be called the Land of Rephaim, whereas earlier, when talking about the Lands of the children of Lot, the possuk writes תֵּחָשֵּב - shall be reckoned. The Land of Sichon and Og was called thus because of Sichon and Og. The Land of the Children of Lot was not called the Land of Rephaim, even though it should be considered so. Under the rulership of Sichon and Og, one would think the land lost its name, but under the ownership of Amon and Mo’av, one would think it has lost its definition and status with its changed ownership, but it never lost its name.
The Ohr Hachaim then offers his own explanation. He says that all that is considered the Land of the Rephaim was included in the gift to Avraham. However, some of those who are called the Land of the Rephaim are only called so, and in reality, they are not. According to the Ohr Hachaim, they were not promised to Avraham.
The Ohr Hachaim proves his point from the Sifrei that excludes the other sides of the Yarden as not from the lands that Hashem gave Klal Yisroel. This was land that Moshe took himself. If it is included in the Land of the Rephaim, it is part of the original promise of Hashem to Avraham. If this is insufficient, the Ohr Hachaim quotes a Medrash that the Rephaim were not the entirety of the Canaanim, rather the Chivi. The Chivi were one of the nations promised to Avraham and thereafter given to Moshe Rabbeinu. As the possuk says וְאָמַר אֶעֱלֶה אֶתְכֶם מֵעֳנִי מִצְרַיִם אֶל אֶרֶץ הַכְּנַעֲנִי וְהַחִתִּי וְהָאֱמֹרִי וְהַפְּרִזִּי וְהַחִוִּי וְהַיְבוּסִי אֶל אֶרֶץ זָבַת חָלָב וּדְבַשׁ – and I have said, I will uplift you from the pain of Mitzrayim to the land of the Cana’ani, the Chitti, the Emori, the Perizi, the Chivi, and the Yevusi, to the land that flows with milk and honey. The Chivi was included, and was a part of the destination of Klal Yisroel in the desert. If the land of Og was the land that Moshe took from his own initiative, it cannot be considered the land of the Chivi/Rephaim. The Torah is telling us that although it is called the Land of Rephaim, in reality this is not the case.
The Ohr Hachaim is not done yet. He continues the train of thought by asking that the land of the Emori was certainly included in the promise given to Moshe Rabbeinu, even without the Medrash. Yet, Sichon’s land is also considered the land that Moshe conquered. The Ohr Hachaim answers that the Torah in Parshas Chukas already answered this point. Sichon fought with the first king of Mo’av and conquered large swathes of his land. This was not included in the promise to Klal Yisroel, it was still considered Mo’av’s land.
