In a deliberation which took place on Sunday, 15 Tammuz 5773 at the Jerusalem Magistrate Court Judge Dov Pollock ordered that a Jewish youth suspected of davening at the gate to Har Habayis and assaulting an Arab youth be released. Bail was posted and a restraining order banning him from Har Habayis area for 15 days was issued.
The judge rejected the police demand for a restraining order banning the youth from the entire Old City for 60 days. In his decision Judge Pollock noted that the claim according to which Jewish prayer on the Temple Mount is problematic and causes unrest violates freedom of religion. In his decision Judge Pollock added to similar statements that Judge Malka Aviv had written several months ago.
On Friday, 13 Tammuz the youth arrived at the Cotton Merchants’ Gate leading to Har Habayis in order to daven in a place from which the site of the Beis HaMikdash could be seen. According to the youth he prayed at the gate and while he was praying an Arab youth approached him and began to kick him.
According to the youth and Itamar Ben-Givir, the attorney representing him on behalf of Honenu, such occurrences are common on the Temple Mount and in the surrounding area. Arab youths, and sometimes even children, are sent by adults in order to provoke and beat Jews going up to the Temple Mount. The police and the court do not deny it. The Jewish youth said that he kicked the Arab youth in return and in response was detained by policemen who were on the scene.
Despite the fact that it was close to Shabbos, the Old City Police did not hurry to bring the youth to court for a deliberation and therefore he was forced to spend Shabbos in remand. On motzei Shabbos the detainee was brought to the Jerusalem Magistrate Court for a deliberation on his release conditions. Judge Chagit Mak-Kalmanovitz berated the police representatives for holding a deliberation on release conditions at such a late hour and released the detainee under obligation to report the following morning for a deliberation.
The following morning the court rejected the police demand for a 60 day restraining order banning the detainee from the entire Old City of Jerusalem. Judge Pollock also added that when Arab women made a disturbance on Har Habayis the police did not demand a 60 day restraining order and therefore he does not see cause for such a demand in the case currently being judged.
In response to the court’s decision attorney Itamar Ben-Givir, who is representing the youth on behalf of Honenu, said that “This is an important decision which I hope the Israeli Police will study and internalize. The right to pray in the State of Israel is not reserved only for the Women of the Wall, but rather also for Jews who would like to see the Holy Temple rebuilt. The judge’s decision today asserts that there is no prohibition against praying on the Temple Mount and that it is the police who are acting against the law when they prevent Jews from praying.”
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.
Four 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)
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4 Responses
The zionist courts also have been ruling in favor of non-orthodox groups (e.g. mixed davening with women singing), so they seem to be inclined to respect a right to be an apikores even if it results in a breach of peace.
of course this is has been discrimination against religious Jews by the secular Jews, but no one has done anything about it. Go to it, Honenu!
If Rav Elyahsiv,Z’tl, and just about every other chashuve rav say it is assur to daven on har habayis and the security officials say it will trigger bloodshed than there is no reason to allow it. Anyone attempting to do so should expected maximum pain from the police and the legal process and rightfully so.
Gadolhadorah, prayer at the Kotel can also lead to violence, the very presence of Jews can lead to violence so maybe we should all just commit suicide or move to the moon to solve the problem?
As far as the rabbis go, the people who do go up on Har Habayis have on whom to rely, be they contemporary or from previous generations like the Rambam.
As far as this specific case goes, the victim was not on Har Habayis, he was near one of the gates to Har Habayis where until recently there was a minyan every month on Shabbes Mevarchim, but recently the police unilaterally decided to stop allowing it, so now the minyan is permanently at the Iron gate (the gate adjacent to the “Small Kotel”) but I guess since that also can spark violence we should stop davening there too, and next month the Kotel plaza and in a year from now East Jerusalem and in 2 years Jerusalem, want me to continue?