Does Chanukas HaBayis apply in Chutz La'Aretz?

V. Does Chanukas HaBayis apply in Chutz La'Aretz?

a. The Yerushalmi states that if one builds a house in chutz la'aretz, it doesn't exempt him from war. (Sotah 5,4)

i. Rambam (1138-1204) codifies this as a matter of halacha. (Hilchos Melachim 7,14)

b. Acharonim discuss this Yerushalmi in the context of holding a chanukas habayis:

i. R. Yissocher Ber Eilenburg (Be'er Sheva 70, c. 1550-1623) discusses whether a chanukas habayis would be considered a seudas mitzvah. He notes that if it would be, it would only be in Eretz Yisrael, not in chutz la'aretz, based on the Yerushalmi.

ii. R. Avraham Gombiner (Magen Avraham, c. 1633-1683) presents this issue as a dispute between Maharshal and Be'er Sheva. (O.C. 565, 5) Apparently, Magen Avraham felt that since Maharshal did not mention any distinction between Eretz Yisrael and chutz la'aretz, there must not be a distinction.

iii. R. David Frankel (c. 1704-1762) writes that the Yerushalmi would seem to indicate that a seudas chanukas habayis is a seudas reshus. However, he notes that the Bavli has a different derasha for the verse that serves as the source that chutz la'aretz is excluded. (Shiuri Korban)

iv. R. Avraham Borenstein (Avnei Naizer Y.D. 389, 1838-1910) and makes the following points:

1. He asks: why isn't the fact that the house in chutz la'aretz is going to be used for Shabbos and Yom Tov meals significant enough to warrant returning from war?
2. He initially answers that in Eretz Yisrael, there is an inherent mitzvah to live in the house. In chutz la'aretz, the house might be used for Shabbos and Yom Tov meals, but that is just a hechsher mitzvah.
3. He then notes that according to many rishonim, the house is not just a hechsher for one's Yom Tov meal but part of the meal itself. This is why they hold that if one's house is on fire, one can put out the fire on Yom Tov. It is actual ochel nefesh.
4. However, the Yerushalmi is of the opinion that eating in one's home on Yom Tov is not considered ochel nefesh. This is why the Yerushalmi writes that one is only exempt from war in chutz la'aretz.
5. Rama follows the opinion that having a home for a Yom Tov meal is ochel nefesh and as such, there is a mitzvah to be מחנך one's home for Shabbos and Yom Tov meals.

v. R. Malkiel Tannenbaum notes that Sheiltos doesn't seem to distinguish between Eretz Yisrael and chutz la'aretz. He further notes that there is no proof from the Yerushalmi. If the Jews have sovereignty over Eretz Yisrael and someone builds a house in chutz la'aretz, there is no mitzvah to be מחנך it. It is preferable to rent out that house and remain in Eretz Yisrael. However, now that we are in galus, there is a mitzvah according to the Sheiltos to be מחנך one's home.

1. R. Baruch HaLevi Epstein (1860-1941) presents a similar rejection of the proof from the Yerushalmi but cannot imagine that there would be a mitzvah to build a house in chutz la'aretz and therefore, there can't be a mitzvah to dedicate it. (Torah Temimah Devarim 20, note 22)

c. R. Moshe Sofer (1762-1839) writes that in principle, it should be prohibited to build homes in chutz la'aretz. However, our needs in galus require us to build in chutz la'aretz and if we are מחנך the house with Torah and tefillah, then it can be a positive thing. (Y.D. 138)