Living outside Israel fulfilling Mitzvot, or in Israel without fulfilling them?

Shalom Uvracha!

It is very clear from halacha that it is better to live in Chutz Laaretz and perform mitzvot, than to live in Eretz Israel and not perform mitzvot, as we cannot transgress averot to do mitzvot, and even when the rule of “Asse doche Lo Taasse” applies (see Yevamot 4B) it is explicit in the gemarot and posskim that this is only when they are together in such a way that one cancels the other out like tzitzit which is shaatnez (and even this only with a series of conditions), but not when they are things separately, like living in Eretz Israel which can be done perfectly by fulfilling mitzvot. And this regardless of the importance of the mitzvah, for for example our sages say that the mitzvah of Tzitzit “weighs” like all other mitzvahs (Menachot 43B), and yet the maximum permission is asse doche lo taasse within the same case as cited.

The only thing found in the halakhah that was permissible for the mitzvah to live in Eretz Israel, is asking a goi on Shabbat to sign a home purchase contract in Israel, which is amira legoi derabanan and allowed by Yishuv Eretz Israel, but the Yehudi signing on Shabbat is clearly prohibited, even though because of this one sign he will not be able to live in Israel. See הגהות אשירי פרק ב’ דמועד קטן סי’ יח and brought in Beit Yossef Orach Chaim siman 306.

And what is written that whoever lives outside Israel is as if they were doing Avodá Zará, it is mussar (“as if”) but it is not a fact literally from the halachic point of view, because if it were really true with Avodá Zará – it would be forbidden to live outside Israel, and by halacha (Babá Batra 91A and other places) only those who already live in Eretz Israel are not allowed to leave, and even in this case they can leave through parnassá etc. allow avodá zará by parnassá? Avodá Zará is Yehareg Veal Yaavor).

And the midrash you mentioned “Halevai Yehevun” etc even if we explain that “metameim” means not fulfilling mitzvot, it has nothing to do with our case, because the midrash is talking about ordinary people who act the same way being in Eretz Israel or outside it, because we might think that it is better for him to live in Chutz Laaretz and do his averot there than to live in Eretz Israel and bring impurity to Eretz Hakodesh, and about this the Midrash says that it is better for him to live in Israel even if his averot (which he was going to do anyway even outside Israel) are done by desecrating the holy land. But in case if he lives outside Israel he is going to perform mitzvot, who allowed him to come to do averot in Israel?

In general, it should be known that one cannot learn halachot from midrashim (Yerushalmi Pea 2 4), let alone without a correct yiun, for example, the Gemara in Ketubot 110 B says that whoever leaves Babylon to live in Eretz Israel is transgressing a mitzvat asses…

And actually we should know that the question itself is not very correct, because why not do mitzvahs in Eretz Israel? Let him come and live in Eretz Israel and fulfill mitzvot, one thing has nothing to do with the other. It’s like asking which is better to eat pork or cheeseburger? The answer is that you don’t eat either one and that’s it. But I admit that the question exists for people who try to convince others to come and live in Israel, because in practice many people who live outside Israel in Kehilot, fulfill mitzvot, and when they come to Israel they end up getting lost for lack of a Kehilah in the style of Chutz Laaretz – and in this case it really is better not to convince them to come to Israel, as mentioned.

Behatslacha!!