By Rabbi Yair Hoffman for the Five Towns Jewish Times

It reads like a page out of Chelm.

Terrorists murder Israel police officers. Israel puts up metal detectors to ensure that people do not go up there with guns to shoot and murder people. The Vatican has metal detectors as does the White House and Westminster Abbey. The Palestinian Authority screams bloody murder – or rather, “How do you Israelis prevent some of our people from committing bloody murder if they want to?!!”

And the world sides with those who do not want the metal detectors. Indeed, eventually the Israeli government capitulates and decides to use alternative technology instead of the metal detectors.

Chelm.

But our issue lies with halacha. Should the detectors remain in place? Should the government have capitulated?

BACKGROUND

Over fifty years ago, for the first time in nearly two millennium, the Temple mount came under Jewish control. There were open miracles in the battle, where enemy forces threatened to annihilate Eretz Yisroel and its people. A bomb landed on the Mirrer Yeshiva in Yerushalayim. Miraculously, it did not detonate. And of course, we got the Kotel back – a place we could not even visit for nineteen years – since the Jordanians captured it in 1948.

The Temple Mount is the holiest place on earth where Hashem’s Divine Presence was and is still most concentrated. The Kotel is the last remaining wall that surrounds Har HaBayis, the Temple mount and is called the “Wailing Wall” because Jews have gathered before it to cry over the loss of the Temple, the Beis HaMikdash.

OBLIGATION TO MAINTAIN SANCTITY

The fact that we do have sovereignty over the Temple Mount and its regions obligates us in maintaining its sanctity.

Technically, gentiles should not be allowed to enter the inner section of the Temple Mount – from the “Chayil” and further in (See Mishna Keilim 1:8 and Tzitz Eliezer 10:1:10 for the contemporary application).

AN OLD INSCRIPTION

Indeed, in 1871, Charles Clermont Ganneau, a French archaeologist and diplomat, found a stone with an inscription in Greek which forbade entry to all gentiles past that point. Thus a travel agent should not promote a tour to Israel for gentiles who will ascend to the inner section of the Temple Mount. Indeed, it is even forbidden for a videography editor to request a gentile to film sections of the Temple Mount because he will stay there longer on account of the request.

LO SECHANAIM

There is, of course, the issue of “Lo sechanaim” – the prohibition of giving over land that is in Jewish hands in Eretz Yisroel to gentiles (See Shulchan Aruch YD 151:8 and Rambam Hilchos Avoda Zarah 10:3-6). The Rambam holds that the prohibition applies to Muslims as well, notwithstanding the view of the Raavad and the Tur (CM 249). The Chazon Ish (Hilchos Shvi’is 24:3) and the Netziv (in his Responsa Maishiv Davar Kuntrus HaShmita 58a) are also of the opinion that Lo Sechanaim applies to Muslims.

Allowing the Waqf to exercise an ownership type of control of Har HaBayis is probably the apogee of “lo sechanaim” violations, and a chillul Hashem. On the other hand, enabling excessive aivah risks lives.

IMPORTANCE OF LO SECHANAIM

The prohibition of buying and selling on Shabbos is a Rabbinic violation. The reason is because one may come to violate the Torah prohibition of writing on Shabbos. However, there is an exception to the Rabbinic violation of conducting transactions on Shabbos. The halacha is that when purchasing land in Eretz Yisroel from gentile hands, it is permitted to violate the prohibition of Amira L’Akum in order to facilitate the sale on Shabbos itself! We see from this halacha how very important this ideal actually is. If this is true for land in Eretz Yisroel how much more so must it be true for Har HaBayis.

DOES NOT SET ASIDE PIKUACH NEFESH

No matter how important it is, however, avoiding the violation of lo sechanaim would not set aside Pikuach Nefesh. See Rav Ovadiah Yoseph zt”l Techumim Vol. X p. 34-47. There may, however, be a difference between lo sechanaim of Har haBayis and other areas of Israel.

TWO OPPOSING PIKUACH NEFESH ISSUES

There is also another important point. We have here two opposing Pikuach Nefesh factors. On the one hand, having the metal detectors seems to infuriate the Arabs, causing them to stab and kill more.

On the other hand, removing the metal detectors will cause them also to stab and kill more. So which would cause less loss of life.

It is this author’s belief that ultimately, allowing the world to dictate to Israel might empower agitators further and that would lead to more loss of life.

PREVENTING MURDERS ON HAR HABAYIS

Rav Yitzchok Isaac Sher once asked (Leket Sichos Mussar Vol. II #134) what the significance is of the statement in our Hoshanos – Hoshana Goren Arnon – Who cares if Har HaBayis was a storage house for grain? What value is it?

Rav Sher explained it based upon a statement of Rabbi Akiva – that any beautiful place initially was a place where idol-worship flourished. Har haBayis, however, miraculously never served in that capacity (See Ramban AZ 46b).

Whether it is a place of Avodah Zarah or murders – it would be the same thing. We do not want Har HaBayis to become a place of abomination. This is not just for Jewish life – but even those of the Muslims who are killed in the act of terrorism.

Similarly, in the Kinos of Tisha B’Av we recite, “Al Har tziyon sh’shamaim oy ki nitan alav shikutz m’shomaim –And on the Mountain of Zion woe! For it has been given to abominations.”

Because of these factors, it would seem that Israel should not capitulate on this Chelm point.

THE KOTEL

While we are on the topic, we should also explore more about the kedushah of the Kotel itself.

There is a verse in Ovadiah (1:17) that states, “And on the Mountain of Zion shall be the salvation.” The Emek HaMelech (14:134) writes that this verse teaches us that the prayers of the righteous and great people of Yerushalayim at the Western Wall are what saves the world. He writes that their tears and supplications keep the world intact, and were it not for their prayers at this most holy of places the world would be destroyed.

PRESENCE OF SHECHINA

The Midrash tells us (Shmos Rabbah 2:2) that the Shechina, the Divine Presence, has not budged from the Western Wall. The presence of the Shechina, according to the Alshich (VaYikra 25:29),
is the surety the promise, that Hashem will ultimately redeem us.

SIGN OF HOPE

These two sources indicate to us a positive, hopeful aspect of the Makom HaMikdash, in our times. It is a place of enormous Kedusha – holiness, and one which brings current salvation to the world now, and the hope and promise of the ultimate future redemption of the Jewish people. This is remarkably inspiring and uplifting.

SADNESS AND PAIN

Yet at the same time, the destruction of the Bais HaMikdash evokes deep feelings of sadness and pain. We rip Kriyah when we see it. It is not just a regular Kriyah but the more serious one that occurs near the heart itself. When we rip Kriyah, the ripping should never be repaired completely.

The destruction should move us. Indeed, the Mishna Brurah (561:4) writes that on the day that a person first sees Yerushalayim in its state of disrepair it is proper and appropriate for that person to refrain from eating meat and drinking wine.

WHERE TO FACE

It is important to note that when dealing with the Bais HaMikdash and davening at the Kotel ,our focus must on HaKadosh Boruch Hu and not on the physical aspect of the Kotel itself. Indeed, a fascinating point, recently confirmed by Rav Chaim Kanievsky, is that when davening at the Kotel one should not face completely toward the Kotel. Rather, one should face left toward the Kodash HaKadoshim.

DEBATE WHETHER NOWADAYS IT’S A MITZVAH

Another question arises as to whether there exists a Mitzvah to go to Eretz Yisroel during the Shalosh Regalim even in its current state of destruction. The Rambam in Hilchos Chagiga (1:1) states that there is no Mitzvah because the obligation is only to bring a Korban Chagigah and Olah and to appear in the Temple. The opinion of the Tashbatz (Responsa III # 201), however, at least according to the way most achronim understand him, is that there is indeed a Mitzvah of Aliyah l’regel, even nowadays when there is no extant Beis HaMikdash. This is also the view of the Sdei Chemed, the Chasam Sopher (Yevamos 44a), and the Aruch LaNer. The RaN in Taanis (first Mishna) also writes this.

Rav Elyashiv zatzal was careful to observe this Mitzvah and go to the Kotel every Yom Tov. When he got older and could no longer make the walk he would do so during the latter days of the Yom Tov – the 7 days of Tashlumim. [Once, my brother-in-law accompanied him on the way back from the Kotel on Yom Tov and had asked him where one puts up a Zecher l’Churban in a house if there is no place to put it opposite the door. He responded that one should place it above the door in such an instance.]

The fact that we currently have access to the Kotel, thus has remarkable relevance, as we can now fulfill this Mitzvah of the Tashbatz,

The ideal method of performing the Mitzvah, however, is on the first day of the Yom Tov as Rav Elyashiv had observed it. This can be seen from the words of the Rambam in Chagiga 1:1. So, whoever is in Yerushalayim and can make the walk to the Kotel on the first day of the Yom Tov should definitely do so. If one can afford to go to Eretz Yisroel for Yom Tov from Chutz LaAretz, then one should do so as well.

May Hashem bring us all yeshuos and nechamos.

The author can be reached at [email protected]