Now if you will question, behold it has been said in the second chapter of Zevachim [page 24] that if a stone is uprooted and he stood in its place, what is the law etc. and the Gemara concludes that forever it is simple that David when he sanctified, he sanctified it to the deepest point in the earth.Now if in reality new tunnels {after the time of David} are sanctified, Tosafot should have answered, that all is holy except what David intentionally left as non-holy at the time of sanctification.
Now one can reply that in chapter Keitzad Tzolin (later on page 86) we conclude that Rabbi Yochanan said, when do we say that {that the Tunnels were not sanctified} when they are opened towards non-holy areas, however, when opened to the Holy they are Holy. {end of quote}
Now when I came to here,( I must note, Let it be built and established speedily in our days, Amen,) I entered into the foundations which David built, which are in the ground of the Temple Mount by means of winding tunnels; that the place there was very narrow without the option to turn to the side; now I saw there a window that was there for the Gentiles in that place that they call Midrash Shlomo, and I held that the tunnels were not sanctified, even those that were in the area of the sanctified courtyard and it is permitted for all men to go there for their status of holiness in not like the status of the sanctified courtyard. Afterwards, I started to have a doubt. For behold it was said that when Rabbi Yochanan ruled that the tunnels were not sanctified, this refers to tunnels that are open to the Temple Mount, but those opened to the sanctified courtyard, behold they are holy with a sanctify like the sanctified courtyard for we go after the entrance as stated in Keitzad Tzolin etc. ; and we say in chapter 2 of Zevachim regarding a stone that was uprooted and he stood in its place and performed the sacrificial service, that it is simple that David when he sanctified, he sanctified to the deepest point in the earth. We can deduce from this, that all the ground of the sanctified area is holy and if this is so, then the tunnel has the status of chambers that are built in the holy with an entrance both to the Holy areas and non-Holy, which are considered as having the status of being Holy.After these word, the Magid Mereishit brings a number of opinions that explain things not according to his views, and pushes their words aside and summarizes the legal ruling and writes:
But it appears that this is not so, for if it were true, that Rabbi Yochanan only holds the tunnels not to be holy when they were only open to the Temple Mount without any opening to the sanctified area at all, if so why specify the tunnels? For even the chambers [lishkot in Hebrew] themselves that are built above in the sanctified courtyard if they are open to the non-holy areas, their contents are not holy and why are the chambers stronger more than the tunnels, but rather, certainly the tunnels even if they have an opening to the sanctified courtyard were not sanctified, which is not the case by the {ground floor} chambers. And that, what was said, that David when he sanctified, he sanctified to the deepest point in the earth, one can push this aside, by saying the intention is that if they would lower the surface level of the sanctified courtyard to a point beneath in order to transform it to the status of the sanctified courtyard, then it would indeed be holy with the sanctity of the sanctified courtyard, like the case of the floor stone which was uprooted and {the cohain} stood in its place, that this spot has the holy status as if the floor stone was still there; however, whenever the ground above is paved with floor stones, namely, the {normal} sanctified courtyard {is present} then what is beneath is completely non-holy, except when it is open to the sanctified area exclusively, for David didn't sanctify the ground beneath, except to transform it into the status of a sanctified courtyard { when needed, if the old surface was missing}.
It has come into our hands that the tunnels were not sanctified at all, not even with the holiness of the Temple Mount, if they have an opening towards it, for only what was above was sanctified and not underground; however when they are opened by the sanctified courtyard alone they are sanctified, but not because they are underneath the sanctified courtyard but rather by virtue of the entrance that is located there, for all that is opened to the sanctified courtyard is as the courtyard, but if open both to the non holy and the sanctified courtyard the contents are not holy and they are not compared to chambers [on the ground floor] that are built in the sanctified area and open to both {holy and non-holy}, rather they are comparable to {ground floor) chambers built in the non-holy that are open both to the holy and non-holy, whose contents are absolutely, not holy, because even the holiness of the Temple Mount is lacking in the tunnels, and it is permissible to enter into the earthen tunnels beneath the sanctified courtyard, for even if they were open to the sanctified area, there contents would be non-holy. And it is an every day occurrence that all the assembly, men, women and children enter the foundations of the Temple, for there, there is a pathway of tunnels that is underneath the ground of the Temple, and no one ever raised an objection, even those that are careful not to enter the Temple Mount. But rather only if someone were to enter deep inside, one should be wary about the tunnels that are built in the sanctified area and open to the sanctified area, for they are holy {end of quote}.Behold the opinion of Magid Mereishit differs from that of the Radbaz, and he holds that for all practical purposes the ground beneath the sanctified courtyard is not presently holy to the deepest point of the earth. And that which David sanctified to the deepest point of the earth, was just in a situation where we would dig and reveal it to the open air; however as long as it is covered above with a stone floor, all that which is beneath, including tunnels, does not yet have holy status and is completely non-holy. And out of this conclusion he holds also that all tunnels below that have an entrance to the non-holy have the status of non-holy even if they also have an additional entrance at the holy, being comparable to ground floor chambers built in the non-holy that have openings both to the holy and non-holy whose contents are completely non-holy and just if they are only open to the sanctified courtyard, their contents are holy, for all that is open to the sanctified courtyard is like the sanctified courtyard. (end of the citation of Tzitz Eliezer)
"Two complete hours, I spent with the Rishon Letzion, Rabbi Ovadia Yosef, Shlit"a, that was accompanied by one of the well-known judges to deal with the question of both the tunnel, and eastern excavations. It was concluded to permit abundant entrance into the hall, mentioned earlier and also to open all the entrance . Similarly to build a synagogue and to set an ark for Torah scrolls etc., and in regards to excavations I dealt with him over this halachic matter in depth and discussed the holiness status of the tunnels. And he requested that I summarize my ideas in writing....
I also had a long conversation with Rabbi Shlomo Goren, Shlit"a who also visited the place and I informed him of what I had discussed with the Rishon Letzion. He responded that it was clear to him that it was permitted to dig. In any case I demanded that a uniform position be expressed by both of them, which would be established without awakening an intense ideological debate from any side... [till here are the words of Rabbi Getz, who formerly had supervision over the area of the Kotel]".
Now this is a quote of the Vilna Gaon: "Now the matter is as our sages of blessed of memory said, three oaths, the Holy One Blessed Be He adjured, etc. That they should not bring the time of end near by their torture of Israel... and he asks [of the Gentiles] not to force the time of the end until he wants it by virtue of love itself, as stated in the midrash of Bechukotai, it is a parable to a king that swore to throw a giant rock on his son and afterwards regretted it and grinded it into small pieces, [ to throw it ] in order to fulfill his oath. {end of quote}Now another proof that according to the Vilna Gaon "I adjure you O daughters of Jerusalem" applies to the nations I found in the second commentary of the Vilna Gaon to Shir Hashirim 3:10 "the midst of it, being inlaid with love from the daughters of the Jerusalem - that all the nations are called the daughters of Jerusalem."
"It is permitted to bring on the Sabbath mattresses or sleeping bags to soldiers who are participating in battle against the enemy, if according to the commander the reduced sleep [by not having these objects] would diminish their ability to fight".Furthermore it is brought in this book, page 163 halacha 26:
An Intelligence Officer turned to Rabbi Farbshtein - that served then as a judge - on a question related to his military role. Now he in turn felt he needed the broad shoulders of Rabbi Auerbach for this issue; an intelligence unit of the army had succeeded in breaking into the communication network of the enemy and to decipher the code by which they transferred information. The soldier made the claim to his superior officers, that since the deciphering involved forbidden Sabbath labors, upon him was the obligation on Sabbath just to decipher communications that appeared to have a high probability as being connected to Israel; while a communication of that enemy country to a small African country could wait till after the Sabbath to be deciphered. However, his commanding officers refused, by claiming that just after deciphering the communication, could one establish if it had some connection to Israel.Now one should ask, after the Former Minister of Police asserted that ascent to the Temple Mount determines how many policemen there will be there and asserts that it determines whether we hand over or don't hand over the territory to the enemy, is there not at least a chance of 1 in 10000 that he is right? Or perhaps the honorable Rabbi is not as strict in the laws dealing with saving of lives as Rabbi Shlomo Zalman Auerbach ZT"L was?
In a precedent setting ruling, Rabbi Shlomo Zalman Auerbach ruled:
That when there is a very low probability of saving lives, one has to differentiate between the individual and the general public. Regarding the individual, it is possible that if the probability is very low [of being able to save] we would not permit the desecration of the Sabbath; however, for the general public, this same low probability would push aside the Sabbath. For an individual person, for example, it would be considered reasonable and allowable to perform an act that has a 1 in 10000 risk to life; yet a leader that performs an act that endangers his nation with such odds - would be considered definitely as irresponsible in his actions! With the same risk of danger, there is a greater weight placed [on behalf of safety] when dealing with an entire nation. Therefore the Rabbi ruled, that the soldier is obligated to decipher every communication on the Sabbath, for we are dealing with the security of the entire state.
The Chief Rabbi turned to one of the religious soldiers of Yeshivat Mercaz Harav and asked him to travel and immediately bring to the Kotel Rabbi David Hacohain (the Nazir) and Rabbi Tzvi Yehuda Kook. At 12:05 the first citizens started to arrive by the Kotel and prayed there Mincha Gadola.From the Hatzofe newspaper dated the first of Sivan 5627 we learn that the only safe way to get to the Kotel and return home afterwards was by means of the Temple Mount.
"This identification is based on the assertion that the rock within the Dome of the Rock is the "Even Hashtia", whose head was revealed in the midst of the Holy of Holies in the Temple.{Translators note: Ha in Hebrew stands for the word the, so a reference to Even Shtia and Even Hashtia are the same.}
This fact is based on the continuous and long tradition that was accepted throughout all the generations as a simple matter without any controversy about it, both in our sources and in Gentile sources. And so did the travelers to the land of Israel note in all times, such as described for example, by the disciple of the Ramban more than 700 years ago - "Around the Even Shtia the Kings of Ishmael built a very magnificent structure and made it into a place of prayer. And they built on the top of this structure a very beautiful dome. And the structure is on the Holy of Holies and the Heichal {Temple Sanctuary}" (Masa'ot Eretz Yisrael, page 53 {the letters of the land of Israel})....
Regarding the tradition that identifies the Even Shtia, we continue to rely in a simple way upon the many Poskim till our day. As we have brought it as a simple matter, see Bach to O.C. 561, Binyan Tzion, siman 2, Chatam Sofer, Yoreh Deah 236, The Chafetz Chaim in Likutei Halachot, Zevachim 55b and more".
With Blessings,
Shlomo Scheinman
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