Independence Day in Halacha: Do modern holidays Have religious significance?

In Eretz Yisrael, last week they commemorated the Holocaust with a day called Yom HaShoah. This week they mark Yom HaZikaron and immediately afterward celebrate Independence Day. Late in the month of Iyar, there is also a day established as Jerusalem Day. What all these days have in common is that, unlike other holidays—whether commanded by the Torah or instituted by our sages, such as Chanukah and Purim, or fast days like Tisha B'Av—these are recent innovations and were not established by any rabbinical authority, but rather by secular government officials. The question we wish to examine is whether such days carry any halachic significance or meaning.

This article will also explore whether, according to the Torah, people are permitted to designate a day to commemorate a tragic event, and whether it is allowed to establish a day of celebration for a happy occasion or to commemorate a miracle. This article will not address whether one should celebrate Independence Day or whether Tachanunand Hallel should be said or omitted, but will focus solely on the question stated above. 

A few poskim have addressed this issue, as mentioned in the MishnahBerurah, which discusses the establishment of a day to commemorate a miracle. He writes (686; 8) that if a community or city experiences a miracle, they may establish a festive day to commemorate it, similar to Purim, and all the residents of that city are obligated to celebrate it. He later (697; 2) discusses an individual who experienced a personal miracle, stating that he may establish a personal day of celebration for all future years; however, if it was a private miracle, he can only obligate himself to celebrate the day. 

The way to celebrate such a day is not by making barbecues and music festivals (which may also involve the problem of listening to music during the Omer), but rather, as the Mishnah Berurah writes: "One who experienced a miracle should set aside money for charity according to his means and distribute it to Torah scholars, saying: 'I hereby give this to charity, and may it be considered in place of the thanksgiving offering that I would have been obligated to bring during the time of the Beit HaMikdash.' It is appropriate to recite the section regarding the thanksgiving offering (Parashat Todah). It is good and proper for him to repair or contribute to a communal need in the city. Each year, on this day, he should set aside time to reflect, thank Hashem, rejoice, and recount His kindness." The Mishnah Berurahalso mentions elsewhere that the meal held on such a day is considered a seudat mitzvah, since it is made to recall and publicize Hashem’s miracles and wonders.

The Ramban (Mishpat Hacherem) writes that any type of day established by a congregation to remember an event obligates them and their descendants for generations, whether it is a festive day, like Purim, or a sad day, like a fast day. Similarly, the Meiri (Psachim 117) writes that an individual or a community that experienced a misfortune and was saved from it is permitted to establish a day of Hallel for themselves and their descendants for generations to come, though they should not recite a blessing over the Hallel. From here, the Maharam Alashkar (49) learns that such an establishment is valid. Nevertheless, the Pri Chadash disagreed with the above approach.

There are many examples that illustrate this, but we will mention one: Rabbi Yom Tov Heller, the author of Tosafot Yom Tov, established a festive day on the date he was saved from sorrow, for himself and his descendants. When the Shevet HaLevi (10; 103) was asked about it, he ruled that his descendants are obligated to observe that day.Now that we have established that a community may create a day of celebration to thank Hashem, it is still clear that such a day cannot be instituted by a secular individual who did not have Hashem in mind, but simply wanted to declare a day similar to other countries' national holidays, like America's celebration of the Fourth of July. However, if the broader community accepts such a day, it gains validity through the power of communal acceptance.

The Rosh (6th rule; 5) was asked about a matter that the congregation had accepted, and whether a few individuals who were not interested in following it could separate themselves. He answered that whatever the community accepts obligates everyone, and no one is permitted to separate themselves from it.

Accordingly, the only way one may separate himself from joining in such days that are widely accepted is by claiming that there are many communities that did not accept them and do not consider themselves part of the broader community living in Israel. Another way is to follow the opinion of the Pri Chadash, who disagrees with the entire concept of establishing a day of remembrance altogether.

Still there is a Gemara that clearly supports what we have written above. In Horayot (3a) it says:

"In matters of ruling, one follows the majority of the inhabitants of Eretz Yisrael, as it is written: 'And Shlomo made a festival at that time for all Israel with him, a great assembly from the entrance of Chamat to the river of Egypt before Hashem' (Melachim I 8:65). Since it already says 'all Israel with him,' why does it add 'a great assembly from the entrance of Chamatto the river of Egypt'? Learn from here that only those living in Eretz Yisrael are called a 'community,' but those outside of EretzYisrael are not considered a 'community'."

The Rambam also rules this way (Hilchot Shgagot 14:2):"Only the people of Eretz Yisrael are called a 'community'."

The Rambam similarly brings this teaching in his commentary on the Mishnah (Horayot 1:1):"The inhabitants of Eretz Yisrael are considered the entirety of Israel, and we do not take into account those outside of EretzYisrael."

He also writes this in Bechorot (4:3) regarding semichah(rabbinic ordination), which applies only in Eretz Yisrael:"Since the people of Israel are called a 'community…we do not consider those outside of Eretz Yisrael, as we explained in Horayot."

It should also be noted that Chacham Ovadia (Y.O. 10; 53) brought the opinions of the Maharam Alashkar and the Pri Chadash and ruled that one may celebrate such a day and even recite Hallel, but without a blessing.

This article was written in cooperation with Shuva Israel