Vacationing in Spain

By Rabbi Chaim Chazzan

There is a tradition that following the expulsion of the Yidden from Spain, a decree was made forbidding a Jew to ever return to Spain. Is one obligated to heed this decree today? Would it be permissible to take a vacation to Spain?

This tradition is not recorded in any reliablesources and there are several reasons to believe that it never actuall took place. Firstly, it is not mentioned in the Abarbanel’s description of the events surrounding the expulsion[1]. Secondly, Reb Yehuda Hachosid[2] warns against making this sort of decree, since it places a stumbling block before future generations.

A decree (cherem) is a form of a neder (oath), and it is therefore ossur mide’oiraisa[3](biblically) or midivrei kabala (a din learnt from the prophets) according to others[4], therefore when in doubt we would need to be stringent. However, there are poskim[5] which differentiate between when the doubt concerns the extent of the cherem, in which case we would be stringent, or when the doubt concerns whether there is a cherem at all, when we are lenient. Other poskim[6] do not accept this differentiation.

In our case there are several additional doubts which classify this question as a sfek sfeika[7] (a double doubt) which would permit taking a vacation[8]:

Perhaps the decree was only regarding those who were actually expelled, that they should never return.

Even if we say that they accepted it for the future, perhaps it only included their descendants and not all of the Jewish People.

Even if they did make it for the entire Jewish People, perhaps they made the decree similar to the Torah’s prohibition of living in Mitzrayim which only includes residing there but not merely visiting.

It is worthwhile mentioning that the Lubavitcher Rebbe sent a shliach to live in Spain which would imply that the Rebbe believed that it was permitted for a Jew to reside there.