Do we have to Worry that our Ascent to the Temple Mount Causes the Ascent of Policemen that did not Immerse in a Mikva?
Letters to The Rabbi of the Old City [Jerusalem], Rabbi Avigdor Neventzal,
[May He be Granted Many Good and Additional Years] on the Matter of The Temple
Mount And His Reaction
Letter 6
With the Assistance of Heaven – Sivan 5766
To the Honorable Rabbi Neventzal, Shlit”a,
Since the answers of the honorable Rabbi on the topic
of the Temple Mount have merited to receive the attention of a significant
number of people who care deeply about the issue, it entered into my heart
a new point that I wish to bring to the attention of the honorable Rabbi.
In Maaser Sheini, chapter 5, Mishna 1 it is written: “A vineyard of the fourth
year, we provide notification for it with clods of earth and produce of the
first three years {Orla} with red soil {or clay} and graves with lime which
we blend and pour. Rabban Shimon son of Gamliel states, when is this so,
when it is the Sabbatical year”.
Now Rabbi Ovadia of Bartenura explained there under the
words In the Sabbatical Year {Bashviit } “when all is ownerless and they take
it in a permissible fashion, however in other years {outside of the Sabbatical
year} when they come to rob, ‘stuff it down the mouth of the wicked and let
him die’ and they shall take it and eat it while committing {an additional}
prohibition”.
The Rishonim and the Achronim brought the words of Rabbi
Shimon son of Gamliel as halacha.
It seems that since the Police hit and rob from Jews [
like what took place in Amona and according to Olmert’s plans, so they will
do in the future ] and since the Police enforce laws on the Temple Mount
that contradict the laws of the Torah [for example, in regards to mitzva 362 of Sefer Hachinuch] and since
the secular Police are in any case, there, on the Temple Mount. in a prohibited
way, it seems that according to the definition of the concept by the Achronim,
‘stuff it down the mouth of the
wicked and let him die‘, we don’t have any obligation to do an act
or refrain from any act [ such as to prevent ourselves from entering the
Temple Mount in purity ] out of fear that the matter will cause the secular
Police to do additional desecrations of the holy, on the Mount.
And Rabbi Moshe Feinstein also proves that the custom is to be lenient in
this, and here is a short translated of quote:
————————————————-
Now it is also reasonable to believe
that they didn’t forbid on account of aiding a transgressor, in a situation,
when the prohibition of before the blind do not put a stumbling block is
lacking, but rather when he gives him an object in which he can do an act
of transgression with it, but the matter in itself is mainly a matter that
is permitted, for example, renting out a wedding hall to perform there a
wedding and a meal, just that they will do there also an act of transgression,
namely, forbidden dances; in such a case, one should not consider the renting
as being for this and to prohibit, for if that was the case we would have
to prohibit selling any tool to a transgressor, for example pots to cook
within them, because he uses them to cook on the Sabbath and also for forbidden
foods; rather because the main matter is not for a prohibited activity, they
did not forbid it, on account of aiding a transgressor, when the prohibition
of before the blind do not put a stumbling block is lacking.
And see the responsa of Tzitz Eliezer, part 15, siman
18, starting with the word Vi’adaraba:
And if so, in our case, we will say so; namely, since
he did it and does wickedness in this matter of the desecration of the Sabbath,
if so we are not commanded to try to reduce the length of time of the prohibition,
but rather we say, ‘stuff it down the mouth of the wicked and let him die’
.
But Let Us Assume that Not Each and Every Policeman
Has the Status of ‘Stuff it Down the Mouth of the Wicked and Let Him Die’
Perhaps one can claim that there is a middle position.
There is one Policeman that immerses himself in a Mikva, in accordance
to Halacha, before he enters the Temple Mount, while another policeman is
a wicked person for every matter, while there is a third policeman, who is
not wicked enough that upon him we will decree ‘stuff it down the mouth of the wicked
and let him die‘, even though he doesn’t immerse in a mikva. If so,
perhaps on his behalf, perhaps there is an obligation to not ascend the Temple
Mount so that we don’t cause him to sin?
Concerning this there is a number of answers.
1] Even without any link to the Temple Mount {issue}, there are a lot of
activities that might cause an uneducated policeman to sin. For example,
if we protest against the expulsion of Jews from the land of Israel, perhaps
an uneducated {Am Haaretz} policeman will sin against us. Nevertheless, we
do not prevent ourselves from thousands of activities on the basis of the
possibility that an uneducated policeman will sin.
2] Our Sages enacted that we enable mourners in the first seven days after
their relative has died [some of them, it seems being impure by the impurity
of having had contact with a dead body] and so too, we enable those who have
been ostracized for evil behavior, together with people who have to pray
to solve problems, such as, sickness or loss of property, to walk around
and encircle {from within} the Temple Mount [see Smachot, chapter 6 and see
the mishna in Middot 2:2]. Now since there were periods during the time of
the Second Temple when the wicked, such as, the Saducees ruled over Israel,
but nevertheless the Sages did not forbid someone who was ostracized for
evil behavior or someone ritually impure from contact with the dead to enter
the Temple Mount, even though their ascent to the Temple Mount might cause
additional prohibitions by the Saducee Police force, etc. behold here is
a proof that also in our times there is no obligation to be concerned.
Now one should not claim that one should rely on the Saducees
for matters relating to impurity more than we rely on the secularists, for
behold, there are even those who understand the Rambam in Hilchot Beit Habechira
7:15 that a man who had had an emission is allowed [without a mikva] into
the Temple Mount. And there is a possibility to expound the Torah that if
in the desert, in the Levite camp, there were men who had an emission, for
behold, the Levites fulfilled the commandment of procreation there, so too,
it is permissible to have such a person on the Temple Mount [since halacha
makes some linkage between the Levites’ camp and the Temple Mount]. I stress!
I am not saying that this is the accepted halacha, rather, just there is
a strong suspicion that the Saducees might expound the Torah in this way.
3] Rambam [Maimonides] did in fact ascend the Temple Mount as he wrote by
his own hand at the end of his commentary to Tractate Rosh Hashanah. [The
correct and fixed textual version is brought in Igeret HaRambam, part 1,
by Rabbi Yitzchak Shilat. page 225.] Rambam even made a vow that the
date the 6th of Cheshvan, would become a private holiday for him because
of this.
Now since Rambam was not afraid that the uneducated who
do not purify themselves according to the law, would learn from him and he
did not fear that the children of the Karaites that were in the region [of
whom, Rambam considered to be Tinoke Shenishba ] would learn from him, why
today do we have to be afraid of this?
4] Radbaz granted permission to ascend the Temple Mount and he wasn’t concerned
that perhaps the sinners would learn the wrong things from this; if so, on
the basis of what, should we currently be strict in this matter?
5] In an article by Chaggai Segal in Makor Rishon, the 15th of Sivan, 5766:
Leading Figures of the Kadima Party are Handling Negotiations For The
Division of Jerusalem
A week ago the Journalist, Caroline Glick, revealed in
Makor Rishon, that leading figures of the Kadima party were for over a year
engaged in contact with Palestinians concerning the division of Jerusalem.
Now there is confirmation of this information from a leading figure in Kadima,
Otniel Schneller, #26 of the Kadima Knesset list and someone who is considered
as one of the leaders who sets the lines of the party’s plans for a permanent
arrangement with the Palestinians.
In an interview with Makor Rishon, Schneller verifies
that in these very days he is participating in an accelerated process of drawing
out a plan for dividing the city. On his lips it understandably benefits
from a more softer definition: “I favor sharing in Jerusalem, not dividing it”.
In light of all this, is it not worthwhile to rely on the
lenient ruling of Rabbi Moshe Feinstein to ascend the Mount [ as set out
in Igrote Moshe, O.C. II, siman 113, starting with the words “Umah Shetaratzta”
] in order to increase the number of Jews on the Temple Mount, in order
to manufacture, political pressure, by natural methods against the
transfer of the Temple Mount and additional territory to the terrorists?
Now see also II Kings, chapter 11, that for the sake of saving lives, the
Cohain, Yehoyada even permitted a child and a woman to hide in the house
of G-d for six years.
Topic 17:
Rabbi Kook’s Position
Hamikdash, issue 225, page7].
Rabbi Avraham Yitzchak Kook and Rabbi Tzvi Yehuda Kook and Ascent to
the Temple Mount
The opponents of ascent to the Temple Mount usually rely
on the reply of Master Authority Rabbi Kook, Z.T.L. in Mishpat Cohain
(96) that seemingly disallowed entrance to the Mount, however, this is not
so. Rabbi Eliyahu Shlomo Raanan, Z.T.L., HY”D, the grandson of the Rabbi
Avraham Yitzchak Kook Z.T.L. publicized the following call and thus
he wrote:
I join in this the call of Rabbis who recommend in favor
of ascending the Temple Mount, in the permitted areas, for it is a matter
without any shade of doubt that my grandfather our Rabbi, Avraham Yitzchak
Kook and his son Rabbi Tzvi Yehuda did not forbid ascending to the permitted
areas, and certainly it is a big mitzva to conquer the place of the Temple
from the hands of strangers, however, only in the permissible manner. Behold
I now sign: the grandson of the Master Authority, the honorable Rabbi Z.T.L.,
Eliyahu Shlomo Raanan Kook (Sefer Hazikaron of Rabbi Shlomo Raanan ,HY”D,
“Neshama Shel Shabbat”).
There also it told about him: Rabbi Shlomo learned the
book, Mishpat Cohain, with Rabbi Tzvi Yehuda, Z.T.L.; in the book there is
an extensive reply on the matter of the Temple Mount. Rabbi Shlomo understood
from Rabbi Tzvi Yehuda, that in our days the conditions have changed, and
therefore he ascended the Temple Mount from time to time, to the permitted
places.
With Blessing,
Shlomo Scheinman
Rabbi Neventzal’s response:
I do not believe that ascending the Temple Mount will
prevent the division of Jerusalem. Perhaps, heaven forbid it will bring joint
cooperation between our Police department and their forces to hit those
that pray and ascend. So, it is not clear to me, in my humble opinion, that
this will prevent dangers to life. Perhaps, heaven forbid the opposite is
true.
With the Honor of the Torah
The Youth Among the sons of Levi
Avigdor Neventzal
Issues Involving The Ascent To The Temple Mount – An Exchange Of Letters Between S. Scheinman and Rabbi Avigdor Neventzal
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