[4] Pri Ĥadash (oĥ 496, Kuntres Ha-minhagim 14) disagrees with Maharam Alashkar, stating that we may not establish new holidays after the destruction of the Temple, when the Sages canceled the holidays enumerated in Megilat Ta’anit. However, Ĥatam Sofer, oĥ 191, demonstrated that we should create new holidays; the fact that the Sages canceled the holidays mentioned in Megilat Ta’anit is no proof, since they canceled only the holidays that were connected to the Temple. Ĥatam Sofer adds that he himself celebrates “Purim Frankfurt” (or “Purim Winz”) on the twentieth of Adar, because he was born in Frankfurt, even though he had since moved elsewhere. It is also well known that Rambam established holidays for himself and his offspring in commemoration of salvations that he experienced – for example, surviving a storm at sea. A similar account is found in Ĥayei Adam 155:41. Yaskil Avdi oĥ 7:44:12 cites many examples of the institution of “Purim” days in various communities and consequently rules (vol. 8, omissions 4) that we may establish Yom Ha-atzma’ut as a holiday. Two more important sources on this issue from the Rishonim are: Ibn Ezra, Bamidbar 10:10; Rabbeinu Tam, cited in Tosafot Ri (Berakhot 8a in the Rif pages).

[5] In his Responsa Kol Mevasser 1:21:2-3, R. Meshulam Rath (who R. Zvi Yehuda Kook said was the generation’s greatest sage after the passing of R. Avraham Yitzĥak Kook) explains – based on Ramban, Ritva, and other Rishonim and Aĥaronim – that the foundation of the mitzva to establish Yom Ha-atzma’ut as a holiday is the kal va-ĥomer mentioned above. Therefore, establishing it was not a violation of bal tosif (adding to the laws of the Torah), since the prohibition against inventing a holiday refers only to holidays that do not commemorate a salvation. Based on this kal va-ĥomer, however, we are obligated to institute holidays that commemorate salvations. R. Roth adds that a prophet may not establish a new holiday based on prophecy. In the case of Purim was it necessary to produce a special scriptural exposition (Megilla 7a), only in order to canonize the book of Esther as part of Scripture.

It is worth noting R. Meshulam Rath’s reliable statement that Yom Ha-atzma’ut was instituted by the majority of the greatest rabbis. (Although they disputed whether one should recite Hallel with a berakha, most of the greatest rabbis agreed on the basic obligation to give thanks and rejoice.) And when Ĥatam Sofer, oĥ 191, s.v. “mihu,” writes that one might violate the prohibition of bal tosif by establishing a holiday for all of Israel, he merely means that one may not establish a national holiday to commemorate a miracle that happened to one Jewish community. However, when the entire Jewish people experienced a miracle, we are obligated to establish a holiday for all of Israel. See also R. Nahum Rackover’s Hilkhot Yom Ha-atzma’ut Ve-Yom Yerushalayim, which includes articles on the mitzva to establish a holiday on Yom Ha-atzma’ut written by the chief rabbis of Israel and other great Torah scholars.

Some have asked why Yehoshua neglected to establish a holiday to celebrate the conquest of Eretz Yisrael. The answer is that the festival of Pesaĥ commemorates both the redemption from Egypt and Israel’s subsequent entry into Eretz Yisrael. This corresponds to the fifth expression of redemption. Alternatively, R. Tzadok Ha-Kohen of Lublin (Pri Tzadik on Tu Be-Av) posits that the holiday of Tu Be-Av (the fifteenth of Av) was established to commemorate this event. Also, see below, n. 7.