Temple Mount by Rabbi Mordechai Rabinovitch

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IS THE

TEMPLE
MOUNT
STILL OURS?
By Mordecai Rabinovitch
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An aerial view of the southeastern corner of the Temple Mount.
The structure above is the El-Aqsa Mosque
(refer to diagram on page 3).
Israel
Rabbi Rabinovitch serves as the co-coor-
dinator for Vaad Rabbanei Yesha of the
special committee established to deal
with all matters relating to the Temple
Mount. A resident of the Jewish settle-
ment Kochav Yaacov, where he lives with
his wife and eight children, he has
authored numerous volumes of the Yad
Avraham ArtScroll commentary on the
Mishnah, as well as Mayim
Rishonim(on tractate Yadayim) and
Birkat HaAretz (novellae relating to the
order Zeraim).
Thousands of tons of earth are dug from the
Temple Mount and discarded in a
local garbage dump,
with no archeological supervision.
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It is well known that as a conse-
quence of the Six Day War, sovereign-
ty over the Temple Mount was
restored to the Jewish people. It is also
well known that almost immediately,
the State of Israel went to great lengths
to reassure the Moslem world of its
peaceful intentions; not only was the
Moslem waqf given de facto control of
the Mount, but for all practical pur-
poses Jewish entry and worship on the
Temple Mount was prevented. Indeed,
the latter prohibition was bolstered by
rabbinic rulings declaring it forbidden
by Jewish law to enter the entire
Temple Mount compound.
What is less well known, however, is
that for the last several years, the Arabs
have been engaged in a determined
effort to permanently change the status
and character of the Temple Mount. In
the course of this campaign, the laws of
the State of Israel are agrantly violat-
ed, sometimes under the cooperative
eye of the Israeli police, with no conse-
quences whatsoever. Thousands of tons
of earth are dug from the Temple
Mount and discarded in a local garbage
dump, with no archeological supervi-
sion. Artifacts of immense signicance
are mutilated or destroyed, particularly
if they hint of some ancient Jewish con-
nection with the Mount. Moreover,
much of this information is intentional-
ly hidden from the media and the pub-
lic, in a conspiracy of silence.
It is difcult to imagine that all this
can happen to the holiest place on
earth, with little more than an occa-
sional whimper of public protest.
Possibly with all the strife to which the
citizens of Israel have been subjected
over the last decade, their apathy can
be understood. But the rabbis have
already taught that neglect of the
Temple is a national crime that can
bring national punishment.
1
Perhaps
all we need is to stop this crime to
improve our entire situation.
The Modern Day
Destruction of the
Temple Mount
2
Among the ve calamities which
befell the Jewish people on Tisha BAv,
the Mishnah Taanit 4:6 lists the plow-
ing of the city. Rambam (Hilchot
Taanit 5:1) following Yerushalmi
(Taanit 4:5) explains that the wicked
Turnus Rufus plowed the Temple sanc-
tuary and its surroundings. It is not
likely that Turnus Rufus wanted to
plant wheat at the site of the Temple
ruins; most likely, he wanted to eradi-
cate whatever Jewish remains had sur-
vived the destruction of the Temple.
Evidently, this is also part of the
destruction of the Temple, and warrants
mourning on the part of the Jews.
In 1996, two ancient underground
structures, in the southeastern corner
of the Temple Mount were converted
into a huge mosque. The two struc-
tures, dating from the Second Temple
period, were Solomons Stables and the
Eastern Hulda Gate passageway, nei-
ther of which had ever previously been
used as mosques. The new mosque
extends over an area of one-and-a-half
acres, and accommodates 10,000 wor-
shippers; it is the largest mosque in the
State of Israel. In 1997, the Arabs con-
verted the Western Hulda Gate pas-
sageway, which is situated below the
El
_
Aqsa mosque, into yet another
Summer 5762/2002 JEWISH ACTION
Early Second Temple Period (6th century BCE)
Hasmonean Period (2nd century BCE)
Late Second Temple Period (20 BCE-70 CE)
Islamic (7th century CE and later)
Current Construction area
1. Western Wall Plaza
2. el-Aqsa Mosque
3. Stables of Solomon and Eastern Hulda Gate passageway
(Underground structures, recently converted to a mosque)
4. Western Hulda Gate passageway
(Underground structure, recently converted to a mosque)
5. Golden Gate
6. Dome of the Rock
7. double Hulda Gate
8. triple Hulda Gate
1
2
3
7
8
4
5
6
All rights reserved to Dr. Eilat Mazar
Historical Monuments of the
Temple Mount of Jerusalem
(looking northwest)
mosque, conveniently naming it the
original El-Aqsa mosque.
In the meantime, the Arabs began
to clamor that the huge mosque struc-
ture in Solomons Stables was unsafe,
since there wasnt a re or emergency
escape route. Instead of immediately
declaring the building unt for use,
and closing it off, the Israeli authori-
ties approved opening an emergency
exit. The Arabs took complete advan-
tage and in a 72-hour period, dug an
enormous holeas much as 36-feet
deep in placescovering an area of
18,000-square feet. Thousands of tons
of ll from this site were dumped
unsupervised into the Kidron Valley.
In February and March of 2001,
bulldozers razed an ancient structure
built against the Eastern Wall of the
Temple Mount enclosure in order to
further enlarge the emergency exit
from the mosque in Solomons Stables.
During all this time, building mate-
rials were taken into the Temple
Mount with no supervision, and hun-
dreds of square meters were paved
with tiles and declared open-air
(rooess) mosques.
More recently, it has become known
that the Arabs plan to import sacred
water from the ZamZam fountain in
Mecca, and mix it with water on the
Temple Mount. This will upgrade the
sanctity of the Temple Mount in
Moslem eyes, and make it a destina-
tion for pilgrimage almost as desirable
as Mecca itself. In preparation for this,
the Arabs are engaged in cleaning and
clearing various underground vaults on
the Mount.
The Jews and the
Temple Mount
3
Shortly after the miraculous
redemption of Jerusalem in the Six
Day War, leading rabbis representing
the various factions of the observant
community in Israel issued a ruling
prohibiting entry into any and all
parts of the Temple Mount. To under-
stand the basis for this ruling, it is nec-
essary to understand that halachah
divides the Temple Mount enclosure
into two distinct zones: zone one, the
Camp of the Shechinah (which is
roughly equivalent to the site occupied
by the Temple); and zone two, the
Camp of the Levites (which is roughly
the rest of the Temple Mount enclo-
sure, outside the Temple). It is unani-
mously agreed that a tamei met is for-
bidden to enter the Camp of the
Shechinah. Likewise, it is unanimously
agreed that a tamei met is permitted to
enter the Camp of the Levites. Since
all persons today are presumed to have
tumat met, and since this tumah can
only be removed through use of the
ashes of the no longer extant parah
adumah (red heifer), it is clear that
entry into the Camp of the Shechinah
is forbidden. At the same time, howev-
er, it would seem equally clear that
Summer 5762/2002 JEWISH ACTION
Summer 5762/2002 JEWISH ACTION
tumat met should not be an obstacle to
entry into the Camp of the Levites.
4
Why then did the rabbis issue a strin-
gent ruling?
The answer is that the precise
location of the Temple structure with-
in the Temple Mount is not known.
Consequently, the precise boundaries
between the Camp of the Shechinah
and the Camp of the Levites are not
known. Since permitting entry into
the Camp of the Levites runs the risk
of violating the sanctity of the Camp
of the Shechinah, the rabbis saw t to
issue a blanket prohibition, thereby
insuring that nobody would inadver-
tently enter the forbidden zone.
To buttress this approach, it was pointed
out that the Torah (Leviticus 19:30)
demands especial reverence for the holy
place. If a person willfully enters an area on
the Mount that might be part of the for-
bidden Camp of the Shechinah, this is an
act of irreverence that constitutes a viola-
tion of the command to be especially rev-
erent; an especially reverent person would
not risk even a questionable illegal entry.
Consequently, entry ought to be forbidden
even to areas with an uncertain status.
5
The result of this approach has been
that by and large, observant Jews who
might have been expected to covet the
Temple Mount more than any others,
have completely avoided entering the
area, and have thus effectively aban-
doned it to the Arab waqf. And as
described earlier, this abandonment
has led in recent years to an active
Arab attempt to change the character
of the Mount.
Notwithstanding the aforemen-
tioned rabbinic edict, during the
approximately 40 years since the Six
Day War, there have been observant
Jews (some of them prominent rabbis)
who have made a point of entering the
Temple Mount. The halachic counterar-
gument to that presented above is sim-
ply that even though the precise bound-
aries within the Camp of the Shechinah
are not yet known, there are neverthe-
less denable areas within the Mount
that were certainly not part of this extra-
holy zone. Entry into those parts does
not involve any irreverence to the Camp
of the Shechinah, and therefore, after
following the appropriate halachic direc-
tives,
6
entry into such areas should be
permitted.
7
[Editor: However, it should
be noted that most leading halachic
authorities do not permit entry.]
In recent years, with the acceleration
of the Arab attempt to convert the
entire Temple Mount into an open-air
mosque, the movement towards per-
mitting entry into specied areas of
the Mount has gained popularity in
various rabbinic circles. The Counsel
of Yesha Rabbis issued a lenient ruling
in this vein, and even the Chief
Rabbinate of Israel, while not veering
from its earlier stringent ruling, has
nonetheless appointed a committee to
study and investigate the possibility of
constructing a synagogue on the per-
mitted area of the Temple Mount.
Undoubtedly, if more Jews were to
enter the Mount, the ability of the
Arabs to engage in illegal construction
and destruction would be severely ham-
pered. However, during the last year and
a half, even those who follow the lenient
rabbinic rulings have been denied
access. Because for the last year and a
half, the Arab waqf has prevented all
non-Muslims from entering the Mount.
Thus, the question arises: Given a situ-
ation in which most observant Jews
are reluctant to enter the Temple
Mount, and in which in fact, no Jews
can enter, what can be done to stem
the Arab conquest?
Changing Our Focus
An unfortunate side effect of the
perception of the Temple Mount as
being off limits to Jews, is the widely
quotedbut completely erroneous
depiction of the Western Wall as the
holiest site in Judaism. If only to
combat this blatant distortion of the
truth, it would seem that all Jews, even
those who are not prepared to enter
the Mount, must do things that indi-
cate the true focus of our prayers.
A number of activities can be under-
taken. Foremost among these is partic-
ipation in the monthly circling of the
Temple Mount. For several months
now, following an ancient tradition,
hundreds of Jews gather on the eve of
Rosh Chodesh, and follow a route
around the outside of the Temple
Mount that includes stops opposite
the various gates to the Mount, where
ancient prayers, which were composed
for this purpose, are recited. The more
people participate in this activity, the
clearer it will become that our yearn-
ing is for the Temple Mount and not
for the Western Wall plaza.
Secondly, the area of the
Hulda gates deserves special atten-
tion. There is still an underground
passageway, between the double and
the triple gates that has not been
overtaken by the Arabs. According
to halachah, such passageways are
not endowed with sanctity, and it is
permitted to enter them even with-
out immersion in a mikveh.
8
If
access to this passageway could be
arranged from the outside, it would
enable a Jewish presence within the
walls of the Temple Mount, in a
manner that would not raise any
halachic objections. However, in
order to gain such access, enormous
public pressure on the Israeli gov-
ernment is needed. If enough letters
were written to Police Minister Uzi
Landau and Prime Minister Sharon
about this, some progress might
actually be made.
Even if the government authorities
are not prepared to authorize such a
move, one may still demand that areas
outside the Temple Mount walls, on
the southern and eastern sides, be des-
ignated as permanent prayer zones. As
things stand at present, the southern
wall Hulda Gates are part of an arche-
ological park to which there is access
only after paying an admission fee. We
should demand that the area at the top
of the ancient steps leading to the
triple gates be designated as a prayer
spot. Similarly, on the eastern slope of
the Mount, there are places that can
serve as prayer areas. If in addition to
the minyanim at the Western Wall,
constant minyanim were to assemble at
these spots and pray in the direction of
the Mount, it would become apparent
that the holy site for Judaism is the
Temple Mount, not the Western Wall.
(The same idea could in theory be
implemented on the northern side,
but because of the demographics on
that side, security might be a problem.
On the southern and eastern sides,
however, security would not be as
much of an issue.) Pressure brought to
bear on the minister of tourism as well
as Minister of the Environment Tzachi
Hanegbi should sufce to arrange for
additional spots around the walls of
the Temple Mount to be ofcially rec-
ognized as synagogue prayer areas.
And while on the topic of letter
writing, it might not be a bad idea to
write to Minister of Religious Affairs
Asher Ohana. At present, the Temple
Mount is not included in the State of
Israels list of Jewish holy places.
Inclusion of the Temple Mount might
prevent future disgraces such as the
burial of Faisal Husseini, a senior of-
cial of the PLO, within the Mount.
For those who are unaware, Husseini
was interred in a chamber carved out
of the northern part of the Western
Wall. The chamber can be accessed
only from within the Temple Mount
(contrary to ofcial claims otherwise)
and effectively amounts to this enemy
of the Jews having been buried on the
Mount. Arguably, if the Temple
Mount were listed among the Jewish
holy places, such a desecration could
have been avoided.
For those whose rabbinic authori-
ties permit entry into certain parts of
the Mount, it is obvious that a Jewish
presence on the Mount will go a long
way to slow down, if not entirely
arrest, the Arab conquest of the site.
However, even those who are hesitant
about entering the Temple Mount can
still decry the grotesque discrimination
exercised by the Israeli authorities over
the years. Currently, no Jews at all are
allowed entrance to the Temple
Mount; but even when this was per-
mitted, a Jew whose tzitzit showed was
ordered off the Mount; tellin were
forbidden; and anyone suspected of
uttering a Jewish prayer was immedi-
ately surrounded and forced off the
Mount by Israeli police ofcers accom-
panied by waqf ofcials.
9
Surely, any-
one who cherishes the democratic
principle of freedom of worship must
be horried by such behavior. Here
too, if public protest were to be heard,
headway might be made.
It is sad that after some 54 years of
the State of Israel, and 35 years after
the liberation of the holy city of
Jerusalem, the Jewish hold on the
Temple Mount is possibly more pre-
carious than it has been for hundreds
of years. If my description of the hor-
rible plight of the Temple Mount rais-
es the awareness of some of the read-
ers, and more so, if it moves them to
undertake some of the suggestions
proposed above, then maybe the day
when things look up again will be
closer. Let us hope and pray that that
day is not too far off.
Notes
1. Midrash Shmuel 31:4, quoted by Radak
on II Samuel 24:25. See also Ramban,
Numbers 16:21.
2. The factual information for this section
was provided by the Committee for the
Prevention of the Destruction of
Antiquities on the Temple Mount. For
more detailed information, visit the web
site www.har-habayt.org.
3. An excellent survey of the rabbinic atti-
tude to the Temple Mount can be found
in Nadav Shragai, Har HaMerivah
(Jerusalem: Keter, 1995).
4. The tumah of a baal keri is not an
obstacle to entry, since this can be
removed even today by immersion in a
kosher mikveh.
5. Representative responsa which reect
this approach can be found in: Minchat
Yitzchak vol. 5 no.1; Yabia Omer vol. 5
Yoreh Deah no. 26, and Tzitz Eliezer vol.
10 no. 1. See also Rabbi Bezalel Zholti,
Torah Shebeal Peh (Mossad HaRav
Kook) vol. 8, 39-45.
6. E.g., immersion in a kosher mikveh. For
a clear, practical survey of all the applic-
able laws, see Rabbi Yossi Peli and
Rabbi Yitzchak Shapira, El Har HaMor
(Jerusalem, 5757).
7. For a lucid presentation of this view
point, see Rabbi Yitzchak Sheilat,
Techumin, vol. 7, 489-512. An English
version of Rabbi Sheilats article appears
in Crossroads, vol. IV, 183-217. See also
Rabbi Zalman Koren, Chatzrot Beit
Hashem (Jerusalem, 5737). [Though
Rabbi Koren permits entry, he does so
in situations involving pikuach nefesh.]
For an early proposal to build a syna-
gogue on the Temple Mount, see Rabbi
Y.M. Tokechinski, Ir HaKodesh
VehaMikdash (Jerusalem, 5730), vol. 5., 13.
8. Avnei Nezer, Yoreh Deah no. 450.
9. Many such incidents are documented in
the publications of the Tenua LeKinun
HaMikdash: Yibaneh HaMikdash and
Gebini Karoz.
Rabbinic edit, issued after the Six Day War,
prohibiting entry into the Temple Mount.
Signatories include: Rabbi Shlomo Zalman
Auerbach, Rabbi Ovadia Yosef, Rabbi
Yosef Shalom Elyashiv, Rabbi Eliezer
Waldenberg, and Rabbi Tzvi Yehudah
Kook among others.
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