Topic 18:     Perhaps the Police Will Hit Those That Ascend the Temple Mount
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 7
    With the Assistance of Heaven
    To the Honorable Rabbi Neventzal, Shlit"a,
    
    I did not merit to understand the honorable Rabbi's response to my last letter. The honorable Rabbi wrote:
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.
·    If we ascend the Mount based on the rules of the Police and we don't even pray there, why should we suspect that the Police will hit?
·    Perhaps the honorable Rabbi holds that isolated individuals will pray there against the will of the Police, and in order to save them from being beaten one should prevent them from going. Now one should ask, if the Poskim permit the use of an automobile even though according to the statistics a certain percentage of the drivers etc. will die in accidents, and we even permit traveling in Judea and Samaria even though there is a possibility of a terror attack, therefore why should we act differently in our case? If for the sake of earning a living and even more for the sake of saving others or for conquest, the Sages of blessed memory, permitted us to enter into a dangerous situation, why should we act differently in our case {of ascending the Temple Mount}.
·    Perhaps the honorable Rabbi holds that not just an isolated individual, in an isolated case is in a situation of danger, heaven forbid, on the Temple Mount, but rather, there are wicked men in the Police department who intentionally at the very outset want to kill a mass number of people on the Temple Mount, either directly or indirectly in order to gain some political benefit from all the killing? Let us assume for a moment that there is reason to fear this. Nevertheless if there is someone who holds that the more likely or greater danger to himself or the public is the division of part of Jerusalem to the control of terrorists and  that ascending the Mount will prevent this, how can we forbid his activity? Behold in the Mishna Brura on O.C. 329:6, wrote that when there is a danger to a border city, it is permitted and a mitzva to go out for battle on the Sabbath in order to protect the wheat stubble and straw of the city.
      Now even though when the soldier comes to protect the border city, he might die, nevertheless,  the sages of blessed memory permitted this. Either because, not reacting is even more dangerous to everyone or because they permitted an individual to endanger himself to save the public to a certain degree.                                                   
 In Techumin, Volume 26 in an article by Rabbi Yitzchak Shapira and Yosi Elitzur more information was brought about endangering oneself for the sake of saving the masses. Now here is a translated quote:
Concerning the obligation of the individual to bear in the burden with the community and to prevent any danger from befalling it - one should learn from the power of the community to force an individual to build a gateway and a door to a courtyard, and so too, a defensive wall, or strong doors with a door bolt [B.B. 7b]. And as a general principle, the public and its representatives have power over the individual, even to take his life; and similarly, Rambam ruled [Hilchot Sanhedrin 24:4]:
"The court should provide lashes to someone who is not guilty of an offense that requires lashes and it should kill someone who is not guilty of an offense that requires the death penalty, not for the sake of transgressing the words of Torah, but rather to make a protective fence for the Torah". From here is the power of the king to force his citizens to go out for war for the sake of the general public, even though, it is clear that there is no war without casualties on both sides. And so too, Rambam ruled [Hilchot Melachim 4:1-5]: "And he (the king) sends throughout the border of Israel and he takes warriors and soldiers from the nation, and he makes them soldiers for his chariots and horsemen... and so too he forces those who are fit to be officers and appoints them as officers over thousands and officers over fifty"...   

It is of the ability of the king and the representatives of the public to therefore force {individuals} to go out for war, and not just against human enemies, but also to protect the public from the forces of nature and similarly, Rabbi Shlomo Zalman Auerbach wrote [Minchat Shlomo part II 82:12] : "When the public is being pursued by bears and lions that one needs to fight against them and expel them - it is possible that besides that it is considered, the saving of lives and incumbent upon every individual to desecrate the Sabbath or do similar things to save, it is possible that is also considered like a war for the sake of a mitzva; and even though we don't have a king or a {fully powered halachic} court - the administrators of the city can force and endanger the lives of individuals in a similar manner to that which pertains to war (even in such a manner, that the individual wouldn't be obligated due to the law of saving lives). And on page 248, the authors brought more on the subject of endangerment for the sake of saving: "in the responsa of Shvut-Yaakov (part 3, siman 75) he explained the rule is true also for a righteous doctor who    was uncertain if he should undertake a certain medical procedure that might possibly  quicken the end of a life of a sick person [for example, a dangerous operation] however, if it succeeds, it would save the long-term life of that person (recovery from a severe sickness). It turns out that it is permissible for a person to risk his life in order to save him from a bigger and more certain danger...

There are implications for this principle outside of the medical arena. For example: it is permissible for a person who is stuck in the desert and who is going to die from thirst to join a convoy that plans to cross the desert, even if there is a doubt whether during the course of the journey, the men of the convoy might kill him.

Now on page 250 the words of Rabbi Shlomo Zalman Auerbach are brought [part II, 83:12] :

Also a war against disease that threatens peoples' lives, is also comparable to a war for the sake of a mitzva. And if we would have merited that all was done in accordance with the opinion of Torah scholars, it is possible that the court would see the need to test medicines, as a war for the sake of a mitzva of saving lives. Therefore, in our days, even though it is not done in accordance with the opinion of Torah scholars, nevertheless, since it in any case is done through big experts and with much carefulness, it is reasonable to say that there isn't a prohibition to volunteer for this. {end of quote of Rabbi Shlomo Zalman Auerbach}.

Rabbi Yitzchak Shapira and Yosi Elitzur established that it is not possible to say that the permission for medical trials is just when the person undergoing the trial, himself benefits. For if that was the case, the permission would have had to be because of the issue of the temporary life span of the individual vs. long term living and not because of his connection to the public. The comparison to a war for the sake of a mitzva, teaches us that here we are dealing with a benefit for the public, even if the individual will die in the meantime, as was explained previously in regard to war. {till here is the quote from Techumin}.

    In my previous letter, I also recounted the precedent of Yehoyada the Cohain [II Kings chapter 11] that for the sake of saving lives, permitted a child and a woman to hide in the house of G-d for six years. Now if Yehoyada had accepted the reasoning of the honorable Rabbi, he would have had to disallow this. For even though there was danger to the child, on the other hand there was a danger that the Police force of Ataliah would kill the cohanim [Temple Priests] because they helped an enemy [if they would have discovered the child and the woman hiding in the Temple Sanctuary {Heichal}].
    However we have to conclude that Yehoyada agreed to save them, either because it was for the benefit of the  public, for the child was the King from the house of David, or because the danger of not hiding was more likely or apparent than the danger that stems from aiding an enemy of the regime.    

Topic 19:     Rabbi Kook Explains Why Daniel Was Allowed To Risk His Life When He Openly Prayed Against The Wish Of The Government
    Also the very essence of relying on evaluations of what really saves lives is difficult for me when dealing with the subject of praying on the Temple Mount.
    Is it not so, that in the book of Daniel, chapter 6, we learn that when the kingdom decreed a decree against praying, Daniel continued to pray openly, despite the danger of the government and in the end he indeed was tossed into the lion's den {as punishment}.
   Rabbi Kook explained to us in Mishpat Cohain, Teshuva 148, page 354, why  Daniel was permitted to put himself in danger.
"However in the case of Daniel the matter was considered as being in the time of a decree against Judaism [my addition: which overrides the mitzva to preserve lives]. And regarding the combination of personal gratification together with the decree to cause one to break a part of Judaism, one should not say, that we go after the more distant reason that caused the King who wishes to force change to decree his decree. For the matter is simple, that for all evil kingdoms that decreed decrees over Israel against following the Torah of G-d, the main factor in their eyes and their hearts was for their own profit, for the sake of having their kingdom spread more, which was linked to the strength of their nonsensical, multitude of idols, and this is well known to all who know the workings of history. Now the basic foundation was for their own benefit, yet nevertheless since they found that their own benefit demands the abrogation of religious law in the role of an official abrogation of religious law, that it to say not just to fulfill some individual action in which they may reap benefit from it, rather the reason comes from the abrogation of a law of the Torah, the forgetting or the nullification of the law, in a general or in a specific way [regarding certain details of the law] in accordance to what they saw fit according to their needs, for it was like thorns in their eyes and considered to be damaging, in their opinion, to the completion of their kingdom, while Israel retains with all strength the holy religion, this is definitely to be considered a decree against the Jewish religion".                                      
    Also according to different explanations that explain the reason behind the self-sacrifice of Daniel, most of them are also applicable to the subject of prayer on the Temple Mount in our times with Talit and Tefillin.
    With Blessings
    Shlomo Scheinman
 
Rabbi Neventzal's response:
"I don't see any value in a new edition of the events of Amona on the Temple Mount".
    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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Movie: Location of the Temple on the Temple Mount part 3
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