In what some perceive as a precedent setting ruling, Beit Shemesh Magistrate’s Court Justice David Gidoni ordered Israel Police to pay Yitzchak Davira (Zvigg) 5,000 NIS plus legal fees, amounting to a total of 7,000 NIS for preventing him from visiting Har HaBayis.

The case occurred in 5770, when Davira was prevented from visiting the Mount on Tisha B’Av by police. Davira is involved in archeology as well as taking visitor to Har HaBayis around and he was nevertheless barred from the holy site. He was told he must sign a piece of paper guaranteeing he would not get involved in anything during his visit. While he agreed to sign a more senior police officer passed and instructed subordinates to prevent him from visiting under any condition due to involvement in “incidents” previously. Despite the alleged involvement, it is important to point out that Davira was never banned at any time. Hence, he did not see the justification of an officer to decide he may no visit the site. When Davira asked “Why am I being banned” he explains the police commander responded “I will tell a court of law”.

Davira turned to attorney Yitzchak Baum and took his case to court. The court did not find the decision to ban him which was made on the spur of a moment justifiable, especially when another officer already decided he may visit the site.

Police were ordered to pay him 2,000 NIS for loss of employment pertaining to his tours on Har HaBayis, 3,000 for pain and anguish and an additional 2,000 NIS for legal fees.

It must be noted that according to the Poskei Hador one is absolutely forbidden to visit the Temple Mount, and there is an Issur Kares for one that goes there.

Three years ago on Sukkos, Israeli President Shimon Peres paid a visit to the Sukkah of Maran Hagon Rav Elyashiv ZATZAL, where Rav Elyashiv called on the President to prevent Jews from visiting Har HaBayis, stating it is an act that that is viewed as extremely provocative by the goyim. Maran stated everything possible must be done to avoid a religious war, and the provocateurs are playing with fire.

Maran is quoted as explaining to the president that Halacha forbids going onto Har HaBayis but today, it is more than this, it is an act that may lead to a religious war and bloodshed.

(YWN – Israel Desk, Jerusalem)