Well, the three oaths weren't written in Afrikaans, so that's a relief.
Agree. So lets show it in English..>
"...The Rambam makes it clear in his Letter to Yemen that
he did in fact view the oaths as binding law. The Megillas Esther in Sefer Hamitzvos also makes clear that
the Rambam viewed the oaths as binding law.
As to why he did not include them in his Mishneh Torah, one simple explanation is that the Rambam did not need to do so, because he describes the process of the coming of moshiach (Hilchos Melachim 11:1), and the oaths are implicit in that process. He writes: “The king moshiach will arise and restore the dynasty of David to its original power. He will build the Temple and gather the dispersed of Israel.”
If moshiach will be the one who gathers in the Jewish people, then it is clear that we are not allowed to gather ourselves in before the coming of moshiach.
This idea is really explicit in the Midrash (Shir Hashirim Rabbah 2:20), which tells us the reason for the oath against going up as a wall: “If so, why does the king moshiach have to come to gather the exiles of Israel?” The Maharzu explains that it is moshiach’s job to bring all of Israel up together from the exile, and
if, G-d forbid, they do this on their own, they will lose the redemption of the moshiach. The Yefei Kol understands it the same way: “If we come up as a wall from exile, why will the king moshiach have to come to gather the exiles of Israel? And since we know from many verses in Tanach that moshiach will gather our exiles,
we cannot gather ourselves together.”
The Three Oaths are more than halacha - they define our belief in Hashem as the only one who can end the exile, who watches over us and protects us in exile, and puts us in the place that is best for us.
The following is a brief list of some of the poskim who do discuss the Three Oaths
as binding: Rashbash 2, Rivash 101, Piskei Riaz Kesubos 111, Kaftor Vaferach chapter 10, p. 197, Maharashdam Choshen Mishpat 364, Pe’as Hashulchan Laws of Eretz Yisroel, Chapter 1, Section 3, Aruch Hashulchan Choshen Mishpat 2:1, the Gadol of Minsk in Sinai v. 6, p. 213.
And here are some well-known commentators who discuss the oaths
as binding: Rabbeinu Bachya on Vayishlach, Abarbanel Bereishis 15:11, Maharal in Netzach Yisroel 24, Ohr Hachaim Hakadosh Vayikra 26:33, Rabbi Yaakov Emden in Sefer Hashimush 66b, Yismach Moshe Tehillim 127:2, Rabbi Samson Raphael Hirsch, Siddur p. 703.
The oath prohibiting rebellion against the nations refers to revolution by military force… I do not believe that under the current circumstances it is possible to have a state according to Torah law...
I would consider the founding of a state to be a disaster and a misfortune." (Mikatowitz Ad Hei B'Iyar, p. 340)
The Ramban has always been understood this way – in fact, one of the Ramban’s sixth-generation descendents, the Rashbash (Rabbi Shlomo ben Shimon Duran, 1400-1467) wrote: "There is no doubt that living in Eretz Yisroel is a great mitzvah at all times, both during and after the time of the Temple, and my ancestor the Ramban counted it as one of the mitzvos…
However, during exile this is not a general mitzvah for all Jews,
but on the contrary it is forbidden, as the Gemara says in the last chapter of Kesubos, that this is one of the oaths that the Holy One, blessed is He, made the Jews swear: that they not hurry the end and not go up as a wall.
Go and see what happened to the children of Ephraim when they hurried the end!
Furthermore, one cannot learn that the Ramban in Sefer Hamitzvos didn't treat the oaths as a real halachic prohibition, because then one would be faced with a contradiction in the Ramban's own writings. In Sefer Hageulah, end of Shaar 1 (p. 274 in the Chavel edition), he writes that the reason most Jews did not go up at the beginning of the Second Beis Hamikdash is that Jews were uncertain whether King Cyrus had meant to give permission for all the tribes of Israel to return, or only for Yehuda. And even if he had meant to give permission to all of Israel, they did not wish to force the end, for they knew that Yirmiyahu’s prophecy of a 70-year-long exile had only referred to those Jews living in Babylonia proper, not in all the 127 Persian states.
So we see clearly that the Ramban does cite the oaths as binding.
And a little later in Sefer Hageulah (p. 284), the Ramban writes, “Based on the teachings of our Sages, we consider ourselves today to be in the Exile of Edom,
and that we will not arise from it until the coming of moshiach.” This statement would make no sense if the Ramban held that we are obligated to conquer Eretz Yisroel in every generation.
In his commentary on Bamidbar 24:17, the Ramban says, “Because moshiach will gather the dispersed of Israel from the ends of the earth, Scripture compares him to a star that rises from the edge of the sky.”
Clearly, the Ramban holds that only moshiach will gather in the exiles.
In conclusion, we hope that the above discussion of claims and facts about the Shalosh Shevuos has been educational and informative to our readers. It is especially important to know the facts about this issue because many people today
mistakenly believe that this was an evenly balanced debate about halacha. As we have seen, there were a range of opinions, but there was no one at all prior to 1948 who permitted founding a state through warfare.
Keeping the Three Oaths was the unanimous position of every single gadol and posek. Furthermore, in light of statements like that of Reb Aharon and Reb Elchonon quoted above - that
a state amounts to denial of the coming of moshiach - we see that the issue here is not only one of halacha. In all past generations, Jews believed that only Hashem sent them into exile, they waited only for Hashem to redeem them from exile, and in the meantime they trusted in Hashem to protect them as long as the exile lasted.
The State and its army, explicitly or implicitly, deny all of that. The fundamentals of our emunah and the future of the Jewish people are truly at stake.
>>>> The Three Oaths: Claims and Facts | Torah Jews
Hmmmmnnn !