Topic 16:     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:
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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
    Appendix: From the words of Rabbi Yehuda Kroizer [Yibaneh 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
1 Rabbi Moshe Feinstein and Others Permitted the Ascent to the Temple Mount
2 The 500 cubit by 500 cubit Proof against Tuvia Sagiv
3 Ascending the Temple Mount for the Sake of Saving Lives
4 Rabbi Moshe Feinstein didn't tell us to rely upon the government to save us from Murderers and did not say that we should avoid prohibitions by sitting at home.
5 Jews Enter the El-Aska Mosque to Save the Ramban Synagogue
6 The Thing which Saved the Jews of Jerusalem from the same type of Destruction that came to the Jews of Hebron in 5689 [secular year 1929]
7 Tzachi Hanegbi Testifies that Ascending the Temple Mount Strengthens Our Control
8 Tunnels underneath the Temple Mount and more on Saving Live - letter 4
9 Proof That The Strict Opinion of the Tzitz Eliezer Concerning The Area Between The Wall Of The Old City And The Temple Mount Was Not Accepted As Halacha
10 The Three Oaths
11 The Ascent of Unarmed Citizens Causes Armed Policemen To Ascend
12 Regarding the Ascent of the Rabbis To The Temple Mount During the Six Day War
13 The Identification of the Even Hashtia by Sefer Har Hamor of Rabbi Yosi Pelee
14 Entering New Tunnels On the Temple Mount
15 Ascending the Temple Mount for the Sake of Conquest
16 Do we have to Worry that our Ascent to the Temple Mount Causes the Ascent of Policemen that did not Immerse in a Mikva
17 Rabbi Kook's Position
18 Perhaps the Police Will Hit Those That Ascend the Temple Mount
19 Rabbi Kook Explains Why Daniel Was Allowed To Risk His Life When He Openly Prayed Against The Wish Of The Government
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