Chapter 10: Zecher Lachurban-Commemorating the Destruction

Introduction: The Sages[1] state that whoever mourns the destruction of Yerushalayim will merit to see it in a time of joy [when it is reconstructed]. In commemoration for the destruction of the Temple the Sages instituted various restrictions which commemorate the destruction. Naturally, different positions were taken by people in how to continuously mourn the destruction. The Gemara[2] tells us that there were people who would not eat meat or drink wine out of mourning for the fact that the Karbanos and wine libations could no longer be brought to the Temple. The Sages argued against this practice, saying that according to this approach nothing should be permitted to be eaten, as the Bikurim has ceased, and the Menachos have ceased, and the water libation has ceased, and there will thus be left nothing for the Jewish people to eat. The Gemara concludes that one needs to have a balanced approach towards the mourning. On the one hand, one cannot do without any mourning customs, being that the Sages already made their decree, and on the other hand one cannot have too many mourning customs. One is thus to follow the instructions of the Sages regarding those areas that mourning is required and not be stringent in those areas that decrees were never made. The following chapter will discuss the topics that the Sages restricted out of mourning for the Temple.

1. Painting and decorating one’s walls:[3]

When the Temple was destroyed, the Sages of that generation instituted that it is forbidden for one to ever build a home which is painted and decorated like the building of a king. [Thus, it is forbidden to paint the walls without first cementing it.[4] Likewise, it is forbidden to decorate the walls of the house. This prohibition applies even if one leaves a space of 1×1 Ama unpainted and undecorated[5], although some Poskim[6] are lenient and so is the widespread custom.[7]]

2. Leaving part of one’s wall unpainted:[8]

When the Temple was destroyed, the Sages of that generation instituted that one may never build a home that is painted and decorated like the palace of a king, and rather one is to cement the walls and paint the walls of his house with white paint[9], and then leave a space of 1×1 Ama [48cm x 48cm] unpainted.[10] [Likewise, those that place curtains on their walls are to leave one Ama without a curtain.[11]]

Non-white paint: Some Poskim[12] rule the above obligation only applies towards pure white lime paint, however if one painted using lime which is mixed with sand, then it is not required to leave a 1×1 Ama area unpainted.

Leaving a black painted square area: Some Poskim[13] rule it does not help to paint a 1×1 Ama space with black paint, and rather the space must remain unpainted. [It likewise does not suffice to leave a picture of the Temple on the wall, and the like.] Other Poskim[14] however justify those who do so and so is the custom of many to paint a black square on which they write Zecher Lechruban.

A non-painted house:[15] If one cements the interior walls of the house and does not paint it, it is not obligated to leave a square space without cement.

Where on the wall is one to leave the unpainted square?[16] One is to leave the unpainted square opposite the entrance. [Some Poskim[17] explain this to mean opposite the entrance of the house, in order so that when one enters through the main door he will immediately see and remember the unpainted area. Others[18] however are accustomed to position it on top of the door in order so that when one sits facing the door he is able to see the unpainted area.[19]]

One who purchases a house:[20] One who purchases a painted house, or house with decorated walls, may remain in it with its painted state and is not obligated to scrape off the paint from a 1×1 Ama area.[21] [This however only applies if the house was originally built and painted by a gentile. If, however, the house was originally built and painted by a Jew, and the Jew transgressed and did not leave a 1×1 Ama space unpainted, then he is obligated to scrape off the paint of a 1×1 area.[22]]

A shul:[23] One is not required to leave an unpainted area by a Shul [or Beis Midrash[24]], and it may be decorated like the house of kings.

The custom today:[25] It is no longer accustomed today to leave an unpainted square on one’s wall for a variety of reasons.[26] Nevertheless, some Poskim[27] conclude that one is not to rely on the above custom. [Amongst Gedolei Yisrael, there were many that did not leave a 1×1 Ama space, while others were careful to do so. The Rebbe did not have a 1×1 Ama space in his home[28], although the Rebbe Rashab was careful to do so[29], and so was the custom of other Chabad Chassidim.[30]]

Summary: If one paints the walls of his house with white paint, he is required to leave a space of 1×1 Ama [48cm x 48cm] unpainted. Some say this space should be made opposite the entrance of the house, in order so that when one enters through the main door, he will immediately see the unpainted area and remember the destruction. Others however are accustomed to position it on top of the door in order so that when one sits facing the door he is able to see the unpainted area. One who purchases a painted house, or house with decorated walls, may remain in its painted state and is not obligated to scrape off the paint from a 1×1 Ama area. Many people today are no longer accustomed to leave an unpainted square space in the home, although the custom of the Rebbe Rashab was to do so. Q&A If one painted the home and forgot to leave an Ama space, must he peel off the paint? Yes.[31] However some Poskim[32] rule that one is not obligated to do so Bedieved as the institution of the Sages was only regarding Lechtachila. Practically, those who are lenient like this opinion have upon whom to rely. Must one leave a 1×1 Ama space in every room of the house? Some Poskim[33] rule one is possibly obligated to leave an unpainted space in each room of the home. Other Poskim[34] however rule it is only necessary to be done one time in the home. Practically, the custom today is to do so only in the main room of the home, opposite the entrance of the home.[35]   Must one leave a 1×1 Ama space in a store or other building?[36] Yes.

Diminishing in joy

The Sages instituted numerous restrictions during times of joy, which are meant to commemorate the destruction of Jerusalem. This is in play of the verse “Im Eshkacheich Yerushalayim Tishkach Yemini, Im Lo Aleh Yerushalayim Al Rosh Simchasi.”[37] These customs are followed in order to remind ourselves that there is no true joy in exile, without the rebuilding of the Temple.[38] The following is a list of the occasions and matters of joy that require diminishing

 

3. Leaving out one dish by a meal:[39]

The Sages enacted that in commemoration for the destruction, upon making a meal for guests [or any other meal, including even a Seudas Mitzvah[40]] one is required to leave out from the table one of the commonly served dishes of food. One is to make it blatantly evident on the table that the dish is missing by leaving a space empty for where that dish should have been served.[41] Any common dish may be left out, even if it is not of much importance.[42] [On Shabbos and Yom Tov it is permitted according to all to serve all the available dishes.[43] Practically, however, today we are no longer accustomed to leave out a dish from meals even during the meals of the week.[44] Some conclude that it is nevertheless proper to leave an empty space on the table in commemoration of the Churban.[45]]

4. Not to place all of one’s beautiful vessels on the dining table:[46]

During the year, it is proper to diminish in the amount of beautiful vessels that one places on his dining table, in order to commemorate the Churban.

5. Jewelry:[47]

The Sages enacted that in commemoration for the destruction, upon a woman dressing herself with jewelry, she is not to wear all the types of jewelry that she usually wears and is rather to leave one out. [Thus, if she owns and wears a necklace, rings, earrings, and bracelet she is not to wear all of them at the same time.[48] Those that wear all of their jewelry, aside for transgressing this law, also cause jealousy amongst the gentiles.[49] On Shabbos and Yom Tov, some Poskim[50] rule it is permitted to wear all the available jewelry. Other Poskim[51] however rule it applies even on Shabbos and Yom Tov. Although the above ruling is recorded in the Poskim[52] without argument, practically, today the women are no longer accustomed to leave out a piece of jewelry even during the week.[53]]

6. Wedding:

Placing ash on forehead:[54] In commemoration for the destruction, when a Chasan gets married [under the Chuppah] he is to place ash on his forehead by the area where he dons his head Tefillin. [This custom is no longer practiced today by most segments of Jewry, not by Sephardim and not by many Ashkenazim. Rather, a cup is broken under the Chuppah in commemoration of the destruction, as explained next.[55] Nonetheless, there are many Ashkenazi communities who follow this custom even today, in addition to breaking the glass.[56]]

Breaking a cup:[57] Some communities are accustomed to break a [glass[58]] cup during the time of the Chuppah. Others place a black cloth, or other symbol of mourning, on the head of the Chasan. Practically, the widespread custom today is to break a glass cup.[59] [The cup should be whole and complete, and one should not choose a chipped or damaged vessel for this purpose.[60]] The cup is customarily broken after the Sheva Brachos.[61] [It is also customary of Ashkenazi Jewry to break a plate by the Tanaim/Vort.[62]] Some are accustomed to recite the verse of Im Eshkacheich Yerushalayim, and have the Chasan repeat after him word after word. This is a good custom.[63] [Some Rabbanim have come out against the customary shout of Mazal Tov, as the glass is broken, as it uproots the entire purpose of the breaking of the glass as a sign of mourning.[64]]

The dress of the Chasan and Kallah:[65] The Sages decreed that a Chasan and Kallah should not wear the accustomed head apparel that would be worn by weddings. The Chasan may not wear his crown, or turban, and the Kallah may not wear and the Kallah may not wear her silver crown. [It is no longer customary to wear these head apparels by weddings, and its law is hence no longer relevant.[66]]

7. Playing and listening to music:[67]

With instruments: In commemoration for the destruction, the Sages prohibited one to play a musical instrument or listen to music [whether live or recorded[68]] for the purpose of joy.[69] Some Poskim[70] however rule that this only applies to a person who commonly hears music, such as the kings who arise and sleep with the tones of music, or by a festive meal [where wine is served]. [In a case that wine is being served, music is forbidden for all people, even one who is not accustomed to listen to it.[71] If, however, wine is not being served and one does not commonly hear music, it is permitted. Other Poskim[72] however rule that mundane songs are forbidden on all occasions, even when wine is not served and one is not accustomed to listen to music. Practically, many of today’s Poskim[73] rule stringently, that it is forbidden to play or listen to music when it is not a Mitzvah occasion. However, the widespread custom is to be lenient in this matter and allow listening to music even not by a Mitzvah occasion.[74] Various justifications have been offered for this custom.[75] Some, however, due to this prohibition avoid going to concerts or even listening to music on tape.[76]]

Singing without instruments:[77] It is forbidden to sing mundane songs, even without instruments, during an occasion in which wine is served.[78] However, the widespread custom of all Jewry is to permit singing songs of praise to Hashem, even by occasions in which wine is served.[79] [It is permitted to sing all songs during occasions that wine is not being served, so long as there are no instruments being played.[80] Other Poskim[81] however rule that mundane songs are forbidden on all occasions, even when wine is not served. Based on this latter opinion, one is to protest against women who sing [mundane] songs while doing household chores.[82] However, those who sing during laborious work in order to hasten their work ability, are not to be protested, and they may do so according to all.[83] Likewise, one may sing a lullaby to help drift a baby to sleep.[84] Practically, the widespread custom is to be lenient in this matter and allow singing.[85] Various justifications have been offered for this custom.[86]]

Playing music for the sake of a Mitzvah:[87] It is permitted [to sing and play music[88]] in all circumstances when done for the sake of a Mitzvah, such as to rejoice a Chasan and Kallah. [In Yerushalayim however, the custom is not to play more than one musical instrument even by a Mitzvah occasion, such as by weddings.[89] However, some are lenient to play recordings.[90]]

Q&A May one play an instrument for the sake of Parnasa?[91] Yes. It is permitted for one to play instruments for Parnasa purposes, such as to play by a wedding.                             May one learn to play an instrument?[92] One may learn to play an instrument for Parnasa purposes or for the purpose of playing by a wedding and the like.

8. Laughter:[93]

It is Rabbinically forbidden for one to fill his mouth with laughter in this world.[94] [This refers only to engaging in excessive laughter and frivolity with others for long periods of time. It is however permitted to laugh temporarily.[95] Some Poskim[96] however write it refers to laughing in a very loud manner.] This law applies even by the occasion of a Mitzvah, such as by a Simchas Beis Hashoeiva, Chasuna, or on Purim, in which case one’s joy is to be limited.[97] In the time of the redemption however, it will become permitted to excessively rejoice during a Mitzvah occasion.[98]

9. Visiting the Temple area:

A. Performing Keriah:[99]

Seeing destroyed city of Judea:[100] One who sees, from close proximity[101], a city in Judea which is destroyed [or is inhabited by Jews but is under gentile sovereignty[102]], is required to say “Ir Kadshecha Hayu Midbar” and perform Keriah. [Regarding Chevron, the old age custom was not to perform Keriah upon seeing it.[103] Practically, the custom today is to be lenient regarding performing Keriah upon seeing the cities of Judea.[104] Nonetheless, the above verse is to be recited.[105]]

Seeing Jerusalem: One who sees [the old city of[106]] Jerusalem from close proximity[107] in a destructive state, is to say “Tziyon Haysa Midbar Shemama” and perform Keriah.[108] This applies from the area of Mount Scopus [Har Hatzofim] and onwards.[109]

Seeing the Temple mount:[110] One who sees the Temple Mount [the area of the Dome of the Rock[111]] is to say “Beis Kadsheinu Vesifarteinu Asher Haleuch Bah Avoseinu Haysa Lesreifas Eish Vechaol Machaneinu Haysa Lecharva”. One is then to perform Keriah.

How many times is Keriah done when going towards the Temple Mount?[112] Upon reaching Mount Scopus [Har Hatzofim] one is to perform Keriah for the first time, and upon reaching sight of the Temple Mount he is to perform Keriah a second time. [It is to be done a six centimeters distance from the first tear.[113]]

How is the Keriah to be done?[114] All the above tears must be done while standing, and using one’s hands [although the custom is to use a knife[115]]. One is to tear all of his clothing covering his chest until he reveals his heart.[116] [Nonetheless, the custom is to only tear one’s upper shirt and not the Tzitzis or undershirt.[117] One is not required tear a jacket that is worn only on occassion.[118]] One is to tear a full Tefach of the clothing.[119] These tears may never be fully re-sewn.[120]

How often?[121] The tearing is obligated to be done every thirty days, upon seeing the above areas. This means as follows: Once one has performed Keriah upon seeing one of the above areas, he is not obligated to do Keriah within the next thirty days even if he comes back to see it a second time. After thirty days, he is once again obligated to perform Keriah upon seeing the area. 

Summary: One who sees the destroyed cities of Judea, Jerusalem, or the Temple Mount is required to recite the designated verse and perform Keri to his shirt. One is to tear it one Tefach and is never to properly resew it. [Practically, the custom today is to be lenient regarding doing Keriah upon seeing the cities of Judea, although the verses are nevertheless to be recited.]   Q&A on the days Are there days in which Keriah is not required to be performed? From the letter of the law, the only days of exception in which one is not to perform Keriah, is Shabbos and Yom Tov. Nevertheless, the custom is not to do Keriah on the following days:[122] 1. Erev Shabbos past midday 2. Erev Yom Tov past midday 3. Chol Hamoed[123] 4. Purim[124] 5. Chanukah Days that Tachanun is omitted: On Rosh Chodesh and other days that Tachanun is omitted, Keriah is nevertheless obligated to be performed.[125] Nevertheless, some are lenient regarding all days that Tachanun is omitted.[126] Doing Keriah by Kosel on day of Hachnasas Sefer Torah? Question: I am attending a Hachansas Sefer Torah by the Kosel. Should I perform Keriah as I usually do whenever I visit the Kosel?   Answer:            No. Explanation: From the letter of the law, Keriah is obligated to be performed even on days that Tachanun is omitted. Nevertheless, the custom is to be lenient and not do Keriah on these days. Now, the custom is not to recite Tachanun on a day that Hachanasas Sefer Torah takes place, and hence Keriah is not to be done when attending one by the Kosel.   Sources: See Piskeiy Teshuvos 561:3; Halichos Shlomo Tefila 16 footnote 17; Moadim 15 footnote 45 Q&A on the areas Must one do Keriah today upon seeing the old city of Jerusalem? Some Poskim[127] rule there is no longer an obligation today to perform Keriah upon seeing the old city of Jerusalem, as Jerusalem has been rebuilt. However, other Poskim[128] rule that even today one is required to perform Keriah upon seeing the old city of Jerusalem. Practically, the Rebbe’s position was that the obligations remain in place even today, and he vehemently opposed such a suggestion to the contrary.[129] According to all, it remains an obligation to do Keriah upon seeing the Temple Mount, and Western Wall, as explained next.   Must one perform Keriah upon seeing the Kosel Hamaravi/Western Wall? The Western Wall is a wall of the Har Habayis and not a wall of the Mikdash. Accordingly, some Poskim[130] rule one who sees it, but does not see the Temple Mount area [Dome of the Rock], is not required to perform Keriah a second time on its behalf. [However, he is required to perform Keriah a first-time due to seeing the old city of Jerusalem.] Other Poskim[131] however rule to the contrary, that although today one is not required to tear his shirt upon seeing the old city of Jerusalem, he nevertheless is required to tear it upon seeing the Western Wall. Some[132] however join the leniencies of these two opinions and do not require Keriah upon seeing the Western Wall, so long as one makes sure not to look at the Temple Mount.   Q&A on the people Must Jerusalem residents perform Keriah upon seeing the Temple Mount? From the letter of the law, if thirty days have passed since the last time they saw the Temple Mount, they are required to perform Keriah.[133] Nonetheless, the custom is not to be careful in this matter.[134]   Must a woman perform Keriah upon seeing the above areas? Yes.   Must children perform Keriah upon seeing the above areas?[135] No Q&A on circumventing the Halacha May one sell his clothing to another to avoid the obligation to perform Keriah?[136] Some are accustomed to sell their shirt to another in order to circumvent the obligation of Keriah.[137] Nevertheless, in truth, this sale is most likely ineffective, and one must thus perform Keriah regardless.   Is there any justification for those who do not perform Keriah today upon visiting the Kosel? Many people today are not accustomed to perform Keriah to their shirts upon visiting the old city and Western Wall, and seeing the Makom Hamikdash. While the Poskim do not give any defense of this custom, it apparently has been around for quite some time.[138] Some[139] suggest that perhaps the entire obligation is a result of one’s utter sadness of seeing the destruction, and today that we have become so immune to the Churban and Galus, and would feel more pain for ruining his shirt than for the Churban, the obligation thus no longer applies. Others[140] say that those who live in Eretz Yisrael, may rely on this logic, while those who come from the Diaspora, are to perform Keriah. Others say that in truth the Western Wall is not part of the area called Makom Hamikdash, and Yerushalayim today is rebuilt, and hence does not require Keriah. It appears that the Rebbe’s position on this matter is that one is to perform Keriah even today, as written in the Poskim.[141] Practically, it is best for every person to bring with himself an old shirt which he does not mind tearing, and perform the Mitzvah as required in Shulchan Aruch. If this is not possible, one should at the very least sell his shirt to another person with a full Kinyan. Irrelevant of one’s custom, the above-mentioned verses are to be recited.[142]   Misc Q&A Must one walk around with the torn garment?[143] No. Once the shirt is torn, it may be removed and one can then change to a regular shirt.   Saying Baruch Dayan Haemes: Some Poskim[144] rule one is to recite the blessing of Baruch Dayan Haemes without Hashem’s name upon seeing the above areas and performing the Keriah.   May one save the torn shirt and use it fore a subsequent visit?[145] Yes. In such a case one is to make a new tear in the shirt, a distance of 6 centemeters from the original tear. One may continue doing so until there is no more room left to tear on the shirt.

The order: 1. Remove jacket and other upper clothing. 2. Put on an old shirt. 3. Recite the verse of “Beis Kadsheinu Vesifarteinu Asher Haleuch Bah Avoseinu Haysa Lesreifas Eish Vechaol Machaneinu Haysa Lecharva” 4. Recite “Baruch Dayan Haemes” without Hashem’s name. 5. Tear part of it with a scissor or knife, and then tear the remainder with one’s hands. 6. The tear is to be 8 centemeters long. 7. Remove the shirt and place on an un-torn shirt.

The Keriah of the Rebbe Rayatz:[146] When the Rebbe Rayatz visited Yerushalyim he performed Keriah, and recited the blessing of Baruch Dayan Haemes without Hashem’s name.   The Keria of the Rebbe Rayatz when he visited Jerusalem and the Western wall? Question: We were a group of yeshiva Bochurim who came to visit the Kosel and Mount of olives and when I mentioned the need to perform Keria, a number of my friends from amongst the Bochurim told me that when the Rebbe Rayatz visited Jerusalem and the Western wall he did not perform Keria and hence from here we can learn that the custom is to no longer be particular in doing so. Is this true?   Answer:               This is false. When the Rebbe Rayatz visited Jerusalem he did perform Keria as explicitly stated in the memoirs of his visit and in the newspaper clippings of that time! To quote from Sefer Hatoldos “at 9:10 in the morning the Rebbe arrived to Beitar and at 9:30 he saw Jerusalem for his first time, at which time he performed Keriah as required and said the blessing of Dayan Haemes” and from Masa Harebbe Laeretz Hakodesh “upon approaching the Western Wall in which thousands of Jews waited for him, the Rebbe performed Keria on his upper clothing” and from the daily Ha’aretz newspaper “when he came near the Western Wall the Admur tore his upper clothing”   Furthermore, the Rebbe and Rebbe Rayatz explicitly refers to this custom of doing Keria in Jerusalem as being in effect even today, and certainly even in today’s times the laws of Keria must be abided. As for the reason why we see that many are not particular in this this can be due to one of many reasons including: a) they are ignorant of the law; b) they forgot to do so or forgot to bring an extra shirt to do so with, c) they cannot fathom tearing their shirt which would cause them a loss of money, d) the shirt does not belong to them but to their parents, e) they visit at a time that Tachanun is not required to be said, f) they are within 30 days of visiting, g) they are Jerusalem residents. It is astounding that an explicit ruling in Jewish law can be so easily dismissed, no less under the false pretense that our Rabbeim did not do so when indeed they did do so and spoke about doing so.   Sources: Letter of Rebbe Rayatz to his daughter Shayna regarding his recent visit to Eretz Yisrael, printed in  Sefer Hamamarim 5711 p. 122-124 and Sefer Hatoldos Rebbe Rayatz p. 27, 42; Masa Harebbe Laeretz Hakodesh p. 78; Igros Kodesh 15:452; Shulchan Meanchem 3:70; Igros Kodesh Rayatz 2:205 “On today’s Jerusalem in which they built theaters, one can perform Keria twice.”; Hiskashrus 262

B. May one visit the Temple Mount?[147]

The Temple area contains Kedusha even today in its state of destruction. Accordingly, just as in Temple times there existed restricted areas of entry, so too in today’s times, there are certain areas in which it is forbidden for a Jew to enter. Some of these areas are prohibited under the penalty of Kareis as explained next.

The areas of restriction: The Temple Mount contains a number of areas with Halachic restrictions of access.[148] For example, the Halachically defined area of the Temple Mount in general [called the Har Habayis] is permitted in entrance for only one who is pure from the impurity of a Nidda, Zav/Zava [Baal Keri[149]] and Yoledes.[150] The area however remains permitted for entrance to a Tamei Meis.[151] A Nidda, Zav/Zava, [Baal Keri] or Yoledes who enters into the Har Habayis, is liable for lashes.[152] The area of the Cheil and Ezras Nashim is only permitted in access for one who is pure of Tamei Meis.[153] A Tamei Meis who enters into the area of the Mikdash that is completely holy, such as the Ezras Yisrael and inwards, is liable for Kareis.[154] The area of the Kodesh may only be entered by Kohanim during the time of Avoda.[155] A Kohen who enters into the Kodesh not during times of Avoda, is liable for lashes.[156] The area of the Kodesh Hakedoshim may only be entered by the Kohen Gadol, and only on Yom Kippur.[157] One who is not a Kohen Gadol, or even a Kohen Gadol who enters not on Yom Kippur, is liable for death in the hands of Heaven.[158]  

The location of the above areas:[159] It is difficult to measure the location of the above areas of restriction due to several reasons. First off, the original Har Habayis was 500 Ama by 500 Ama[160], while the current Har Habayis area is much larger than this.[161] Accordingly, there exists areas by today’s Temple Mount that do not contain the Kedusha of Har Habayis at all, and permitted in entry by every Jew. The problem is however that it is most difficult to ascertain the precise areas that are not included in the Halachic Har Habayis. Where do we measure the 500 x 500 Ama from, and what is the exact measurement of an Ama in this regard? Both of these matters are under dispute. The Poskim[162] dispute over where the location of the Kodesh Hakedoshim is, and therefore dispute as to where the practical areas of restriction are located. The Poskim[163] also dispute as to the exact measurement of an Ama. Accordingly, what may be a restricted area to one opinion, is not a restricted area to another opinion, and what is an unrestricted area according to one opinion may be a restricted area for another opinion. Nonetheless, the mainstream approach amongst Poskim[164] is that the center of the Kodesh Hakedoshim is by the rock found under the “Dome of the Rock” and from there one measures all the Amos of the Kodesh Hakedoshim, Kodesh/Heichal [100 x 100 Amos], Azara [From North to South is 135 Amos and from East to West is 187 Amos[165]], Ezras Nashim [135 x 135 Amos[166]], Cheil [10 Amos from the walls of the Beis Hamikdash, from East to West is 342 Amos, from North to South is 155 Amos, and is a total of 11 Amos from the Dome of the Rock[167]], and Har Habayis [500 x 500 Amos]. While we know the exact measurements of Amos for each area, it is unclear as to how many centimeters each Ama contains [as stated above] and it is also unclear from where on the rock the measurements should begin.  

The practical ruling of Gedolei Yisrael:[168] It is evident from the Poskim that in previous generations Jews customarily would visit the Temple Mount in order to see the Makom Hamikdash.[169] Some Poskim[170] of earlier generations defended this practice, going as far as saying that even entering a questionable area at times may be permitted, due to their great passion to see the Holy of Holies. Nonetheless, in both the previous and current generation, the Poskim and Gedolei Yisrael[171] from all spectrums of Jewry, have severely warned the public not to enter the Temple Mount, including even the permitted unrestricted areas, lest he enter a restricted area and be liable for the severe penalty of Kareis. Meaning, that even if we can determine without shadow of a doubt the exact areas of restriction, or of questionable restriction, and the areas that are permitted in entry according to all, nevertheless, one should not enter even these areas, as doing so would cause others who are unaware or not G-d fearing to enter the prohibited areas.[172] 

Security forces entering the Temple mount:[173] It is permitted for security forces to enter the Temple Mount area, and even the Kodesh Hakedoshim, in order to prevent a life-threatening situation, such as to fight Arab terror which commonly occurs on the Temple Mount. Nonetheless, being that in many cases, the police send units up even during times that are free of danger, therefore a G-d fearing Jew is not to accept such a position. Commonly, due to this reason, there is a high percentage of non-Jewish soldiers who patrol the area, in order to avoid religious conflict.    

Summary: Gedolei Yisrael from all spectrums of Jewry prohibit visitation to the Temple Mount, including to those areas which have been determined to not be part of the Halachic Har Habayis  and are not restricted in entry.   The Rebbe’s approach:[174] In a letter to Rabbi Meir Yehuda Geitz, the chief Rabbi of the Kosel, the Rebbe stated as follows: It is obvious that in the current state of affairs in which the public is going from right to left [further away from Torah] that I am most vehemently against even the mere public discussion of the question of allowance to enter Har Habayis. [The reason for my absolute opposition is] because the moment that this discussion would begin, a number of people will visit the area, including the areas which are certainly prohibited, G-d save us, and that number will continue to grow, G-d have mercy on us. All the warnings about this issue (assuming they would be issued) will simply ignite the inclination of those people and increase the amount of people who go. Whoever brings up or participates in the discussion of this issue, and certainly one who actually goes up to Har Habayis, in addition to the sacrilege of the elders of Jerusalem, and the city of Jerusalem, it is sacrilege of the Har Habayis itself. Upashut!   May one fly over the Har Habayis area?[175] No. This prohibition applies likewise to a drone.[176]

C. Visiting the Kosel/Western Wall:

It is customary of Jews throughout the generations to visit the Western wall found in the old city of Jerusalem, which is formally known as the Kosel. The Midrash states that the Western Wall will never be destroyed.[177] The Shechina never departed from the Western Wall even after the destruction and will remain there forever.[178]

What is the Western Wall?[179] The Western Wall is a wall of the Temple Mount, Har Habayis and not of the Heichal, Azara, or Beis Hamikdash itself.[180] It is therefore permitted to visit the Western Wall even though we remain in a state of impurity, and so is the custom of all Jewry for many generations. [Some Poskim[181] however are stringent in this matter, and would not visit the Western Wall.]

May one touch the stones of the Western Wall and enter notes into it? Some Poskim[182] rule one is to abstain from touching the stones of the Kosel, or entering notes into it.[183] The majority of Poskim[184] however rule it is permitted to do so, and so is the widespread custom.[185] Even according to the first opinion, if one immersed in a Mikveh prior to visiting, it is permitted to enter the fingers into the stones.[186]

D. Aliya Laregel-Visiting the Temple on a festival:

The Mitzvah in Temple times:[187] In Temple times, it was a Biblical command for every man to visit the Temple on Yom Tov of the Shalosh Regalim, and bring with them a Karban Olah. This Mitzvah was formally known as the Mitzvah of Reiyah, and its Karban was known as the Karban Reiyah.

The law during exile: The bringing of the Karban is an integral part of the Mitzvah of visitation, of which without it the Mitzvah cannot be fulfilled.[188] Accordingly, during times of exile that we cannot bring a Karban, the Mitzvah is no longer applicable. Some Poskim[189] however rule the Mitzvah is not dependent on the Karban, and hence the Biblical Mitzvah is simply to visit Hashem by the Temple mount area. Nonetheless, since the Mitzvah of visitation is to enter the area of the Azarah[190], which we cannot enter today due to ritual impurity, therefore it is not possible to fulfill the Mitzvah, even according in their opinion.[191] Some Poskim[192] however rule the Mitzvah[193] is applicable even today. [Some Poskim[194] novelize the Mitzvah can be fulfilled through seeing the floor of the Azara, even if he is not physically there. Accordingly, some meticulous Jews of Jerusalem Jewry are accustomed during the festival to visit a high enough area to be able to see the floor of the Temple mount.[195] Others[196] suggest that even seeing the Kosel suffices for this regard. Other Poskim[197] rule that although the positive command of Aliyah Laregel is not obligatory today, one who does so fulfills a Biblical obligation.] Practically, the Poskim[198] conclude that the Mitzvah of Aliya Laregel is not applicable during exile neither from a Biblical or Rabbinical level, although remains a custom as explained next. 

The custom during exile:[199] (Even after the destruction of the Temple, the custom was to gather from all the surrounding cities of Jerusalem and visit the Temple for the festival. This is done even today.)  [Practically, it is Mitzvah for every person to strive to fulfill this custom.[200]]

For how many days does the Mitzvah apply: The Biblical Mitzvah of Aliyah Laregel mainly applied on the first day of the festival. Nevertheless, one who did not do so was able to fulfill the Mitzvah for a remaining six days, for a total of seven days.[201] This applies likewise to the festival of Shavuos. If one did not perform the Mitzvah of Aliya Laregel on the first day of Shavuos, he could fulfill it for the next six days.[202] [Accordingly, one who was unable to visit the Western Wall on the first day of Yom Tov, is to do so during one of the next six days. This applies likewise to Shavuos.[203] Those who live near the Temple area, visit it on the first day of Shavuos. Those that live far, visit it between the 7th and 12th day of Sivan.]

Summary: The Mitzvah of visiting the Temple area during the festival is not applicable in times of exile. Nevertheless, according to one minority approach, the Mitzvah can still be fulfilled through seeing the Temple area, and although today the Mitzvah is not an obligation, one who visits the area near the Temple, fulfills this positive command. Practically, it customary even today to visit Jerusalem and the Kosel during the Shalosh Regalim, and one who cannot do so on the first day of the Holiday is to do so during one of the following six days. Q&A What area of Jerusalem is one to visit? The Biblical Mitzvah was to visit the area of the Azara on the Temple mount, which cannot be done today due to impurity. The custom today is to visit the Kosel, the Western wall. Some however are accustomed to visit an area from which they can see the floor of the Temple mount, as explained above.

_________________________________________

[1] Bava Basra 60b

[2] Bava Basra 60b

[3] Michaber 560:1; Bava Basra 60b

[4] M”B 560:1

The reason: It was the custom of the palaces of the kings not to cement the walls of the house and rather to only use lime paint. Thus, it is forbidden to do so today. [ibid]

[5] Implication of Michaber ibid, as rules Rambam ibid [M”B ibid]

[6] Tur brought in M”B ibid; The Tur learns that there is no prohibition in decorating and using only lime, so long as one leaves one cubit unpainted and undecorated.

[7] M”B ibid

[8] Michaber 560:1; Braisa Bava Basra 60b       

[9] Whitewash, or lime paint is a very low-cost type of paint made from slaked lime (calcium hydroxide) and chalk (whiting).

[10] Michaber ibid

[11] M”A 560:3 in name of Shelah

[12] Beis Yosef 560; Shulchan Gavoa 560:1; Mamar Mordechai 560:1; M”B 560:2; Kaf Hachaim 560:4

[13] M”A 560:3; Levush; Shelah p. 200; P”M 560 M”Z 1; Chayeh Adam 137:1

The reason: As this itself is considered a design. [ibid]

[14] Elya Raba 560:4; M”B 560:2; Kaf Hachaim 560:8

[15] M”B 560:2

[16] Michaber ibid

[17] 1^st explanation in P”M 560 A”A 1; Aruch Hashulchan 560:1; Main opinion of Shaareiy Teshuvah 560:1; See Igros Kodesh Rashab Halacha 24 [5 letter 1097] that implies he instructed it to be placed opposite the opening and not on top of it.

[18] Custom brought in P”M 560 A”A 1 and Shaareiy Teshuvah ibid; Final conclusion of P”M 560 M”Z 1

[19] Accordingly, if one’s sitting positions faces opposite the door, then according to all the unpainted square should be left opposite the door.

[20] Michaber ibid; Gemara ibid

[21] The reason: As we assume the house was painted by a gentile and was then purchased by a Jew. [M”B 560:4]

[22] M”A 560:4; M”B 560:4

[23] M”A 560:2

[24] P”M 560 A”A 2; Biur Halacha 560:1 “Sheiyn”

[25] Shaareiy Teshuvah 560:1; Kitzur SHU”A 126:1; M”B 560:2; Aruch Hashulchan 560:4; Hisorerus Teshuvah 1:164; Kinyan Torah 1:117

[26] The reason: Some explain that today we are lenient like the opinions which say that lime which is mixed with sand is not required to have a square left unpainted, and today all the lime paint has sand mixed in it. Others explain that the obligation only applied by perfectly white lime paint, in contrast to the lime paint of today which is slightly obscured. [Poskim ibid; M”B 560:2; Aruch Hashulchan 560:4]

[27] Shaareiy Teshuvah ibid “There is nothing to rely upon…”; Piskeiy Teshuvos 560:1; Nitei Gavriel 99:2; The M”B ibid and Kitzur SHU”A ibid conclude that the above reasons for the leniency are difficult to accept. However, the Aruch Hashulchan plainly rules that today there is no longer an obligation to leave an unpainted area being that all of our lime paint is mixed with sand.

[28] Heard from Rabbi Groner in a personal correspondence; Although to note that the Rebbe’s house may have been purchased from a gentile, in which case it is not required to have an Ama removed, as stated above, and hence no proof can be brought from the Rebbe’s custom.

[29] See Igros Kodesh Rashab Halacha 24 that the Rebbe Rashab wrote to his son the Rebbe Rayatz that he told the person in charge of arranging his home to leave a space opposite the entrance without any decoration.

[30] Rav Eliyahu Landa stated to me that his father, Rav Yaakov Landa, left an Ama unpainted by his house and that he never heard that one is not to do so. However, Rav Ashel Lemel Hakohen stated to me that the widespread custom is to be lenient and he and his father did not leave an Ama.

[31] Elya Raba 560:3; Kaf Hachaim 560:15; See regarding a purchased home, that if bought from Jew one must remove pain: M”A 560:4; M”B 560:4

[32] Radbaz; Mahariy Molko in Shulchan Gavoa; Rav Yaakov Yosef z”l that we rule by Aveilus Lihakel, and one may be lenient

[33] Elya Raba 560, brought in Shaariey Teshuvah 560:1

[34] Sheilas Yaavetz 169, brought in Shaariey Teshuvah 560:1

[35] Sdei Chemed Zayin 12; Kinyan Torah 1:117; Mishneh Halachos 5:72

[36] Sheilas Yaavetz 169; Piskeiy Teshuvos 560:7 footnote 37

[37] Michaber 560:2

[38] P”M 560 M”Z 4; Shaareiy Teshuvah 560:3

[39] Michaber 560:2; Baba Basra 60b

[40] Taz 560:2; Elya Raba 560:5; M”B 560:5; Kitzur SHU”A 126:2

[41] Michaber ibid; According to the Michaber one must leave an actual empty space however according to the Tur and Levush one is not required to leave an empty space on the table, but rather just to not bring one common dish to the table. [Taz 560:4; Kaf Hachaim 560:18; M”B 560:7]

[42] M”A 560:5; M”B 560:6; Gemara ibid; Kaf Hachaim 560:17

[43] Mor Uketzia 560; Birkeiy Yosef 560:5; M”B 560:5

[44] Shulchan Gavoa 560:5; Chayeh Adam 137:2; Aruch Hashulchan 560:6; M”B in Biur Halacha 560:2 “Vichein Hiskinu”; Kaf Hachaim 560:18 and 21

The reason: As a) We have lost understanding of how one is to leave out a dish. [Aruch Hashulchan ibid] b) Today people will think one cannot afford the dish and will not know it is being left out due to commemoration of the Churban. [Kaf Hachaim ibid]

[45] Kaf Hachaim ibid

[46] Admur 472:6; M”A 472:2; Maharil p. 88

[47] Michaber 560:2; Bava Basra 60b

[48] See M”A 560:6

[49] Shlah 200a; M”B 560:8; Kaf Hachaim 560:20

[50] Mor Uketzia 560; Birkeiy Yosef 560:5; M”B 560:5

[51] Mor Uketzia 560; M”B 560:5 in Shaar Hatziyon 560:13

[52] M”B ibid; Aruch Hashulchan 560:6; Piskeiy Teshuvos 560:8

[53] See Shulchan Gavoa 560:5; Chayeh Adam 137:2; M”B in Biur Halacha 560:2 “Vichein Hiskinu”; Kaf Hachaim 560:18 and 21; Sefer Eretz Yisrael of Rav Tukechinsky 23

[54] Michaber O.C. 560:2; E.H. 65:3; Bava Basra 60b; Derech Hachaim 4; Kitzur SHU”A 147:4; Siddur Yaavetz “There is no telling how many marriages were unsuccessful due to them not paying attention to Yerushalayim during the wedding ceremony.”

[55] Shulchan Gavoa 560:5; Kaf Hachaim 560:21; Aruch Hashulchan 560:2; Chayeh Adam 137:2; M”B in Biur Halacha 560:2 “Vichein Hiskinu”; Yalkut Yosef Sova Semachos p. 86; Rav Yaakov Yosef; See however Or Letziyon 3:277 who protests the fact the Sefaradim do not keep this custom

The reason: Rav Yaakov Yosef suggests that the reason for this is because the custom was only really established when people would wear Tefillin all day, including by the Chuppah. Today that we no longer wear Tefillin by the Chuppah, there is no need to place ash by the forehead, and rather we perform a different custom.

[56] Piskeiy Teshuvos 560:8

[57] Rama O.C. 560:2; E.H. 65:3; Tosafos Brachos 31a

[58] Avnei Shoham 51; P”M 560 M”Z 4; Shaareiy Teshuvah 560:3; Moed Lekol Chaiy 10:96; Kaf Hachaim 560:21

The reason: We break glass material as a sign that just as glass can be reformed, so too the Temple will be rebuilt. [P”M ibid]

[59] Rama E.H. ibid that so is the Ashkenazi custom; Shulchan Gavoa 560:5 and Kaf Hachaim 560:21 that so is custom of all; Aruch Hashulchan 560:2; Yalkut Yosef Sova Semachos p. 86; Rav Yaakov Yosef; See however Or Letziyon 3:277 who protests the fact the Sefaradim do not keep this custom

[60] P”M 560 M”Z 4; Moed Lekol Chaiy 10:96; Kaf Hachaim 560:21

[61] Rama E.H. 65:3

[62] Elya Raba 560:7; P”M 560 M”Z 4; Shaareiy Teshuvah 560:3; This is not practiced by Sefaradi Jewry. [Rav Yaakov Yosef]

[63] Taz 560:4

[64] Rav Ovadia Yosef, and his son Rav Yaakov Yosef

[65] Michaber 560:4; Mishneh Sotah 49a

[66] Aruch Hashulchan 560:8

[67] 560:3; Mishneh Sota 49a

[68] Piskeiy Teshuvos 560:11

[69] Michaber ibid

[70] Rama ibid; Tur 560

[71] M”A 560:8; M”B 560:12

[72] M”A 560:9 in name of Bach 560; Elya Raba 560:10; Shelah p. 200; Mishneh Berurah 560; Kaf Hachaim 560:26

[73] Igros Moshe 1:166; 3:87; Sheivet Halevi 8:127; See Piskeiy Teshuvos 560

[74] See Maharshag 2:125; Chelkas Yaakov 1:62; Shevet Halevi 6:69; 8:127; Mishneh Halachos 6:106; Lehoros Nasan 4:46; Piskeiy Teshuvos 560:11

[75] The Poskim ibid explain that the entire prohibition is when one does so for mere pleasure. However, those who do so for the sake of removing melancholiness, and helping up one’s mood, then it is similar to a medicine. Likewise, music that involves matters of Avodas Hashem, and bring a person closer to G-d are not included in this prohibition. Likewise, some maintain that listening to recorded music is not included in the prohibition.

[76] Piskeiy Teshuvos ibid

[77] Michaber ibid

[78] The reason: As the verse [Yeshayahu 24:9] states “With song you shall not drink wine.” [Michaber ibid]

[79] Regarding singing songs which contain verses of the Bible the Mahril forbids doing so under the claim that this belittles the holy words, degrading them from the word of G-d into words of song. Likewise, the Magen Avraham rules that only the melodies which have been instituted for the Shabbos meal may be sung then. However, melodies and poems which lack Rabbinical authenticity are forbidden to be sung even during the Shabbos meal. See Piskeiy Teshuvos 560:14

According to all it is permitted and a Mitzvah to sing parts of the prayer in Shul, such as on festivals, even though it includes verses.

[80] Implied ruling of Michaber ibid; Shaar Hatziyon 560:25

[81] M”A 560:9 in name of Bach 560; Elya Raba 560:10; Shelah p. 200; Mishneh Berurah 560; Kaf Hachaim 560:26

[82] M”A 560:9

[83] M”A 560:9; Sota ibid

[84] Shaar Hatziyon 560:25

[85] See Maharshag 2:125; Chelkas Yaakov 1:62; Shevet Halevi 6:69; 8:127; Mishneh Halachos 6:106; Lehoros Nasan 4:46; Piskeiy Teshuvos 560:11

[86] The Poskim ibid explain that the entire prohibition is when one does so for mere pleasure. However, those who do so for the sake of removing melancholiness, and helping up one’s mood, then it is similar to a medicine. Likewise, music that involves matters of Avodas Hashem, and bring a person closer to G-d are not included in this prohibition.

[87] Rama 560:3; See Admur 338:3; Michaber 338:2; Tur 338 in name of Ravaya; Mordechai Beitza 696; Hagahos Ashri Beitza 5:2

[88] Taz 560:5; Levush 560

[89] See Salmas Chaim 4:21; Piskeiy Teshuvos 560:13; Beis Chasanim; This institution was established in Yerushalayim, in the year 5625 after a deadly plague hit the Jerusalem residents.

[90] See Piskeiy Teshuvos ibid footnote 67

[91] See Tzitz Eliezer 15:33; Teshuvos Vehanhagos 1:333; Piskeiy Teshuvos 560:10

[92] See Tzitz Eliezer 15:33; Teshuvos Vehanhagos 1:333; Piskeiy Teshuvos 560:10

[93] Michaber 560:5; Y.D. 228:15; Brachos 31b

[94] The reason: Having too much joy causes one to forget the yoke of heaven, and leads to sin of Erva. [M”A 560:12] It also causes economic instability and brings G-d’s wrath onto the world. [Tana Dvei Eliyahu 13]

[95] Aruch Hashulchan 560:8

[96] Yosef Ometz 891

[97] Taz 560:6

[98] Taz ibid

[99] Michaber 561:1-5; Moed Katan 26

[100] Michaber 561:1; See in general regarding saying a blessing when seeing destroyed Jewish communities: Admur Seder Birchas Hanehnin 13:11; Luach 12:17; Michaber 224:10; Brachos 58b

[101] Rama 561:1

[102] See Piskeiy Teshuvos 561:1

[103] Birkeiy Yosef 561 in name of his grandfather, Rav Avraham Azulai, brought in Shaareiy Teshuvah 561:1

[104] Sefer Eretz Yisrael [Tukichinsky] 22:1; Igros Moshe 4:70-11; Piskeiy Teshuvos 561:1

The reason: 1) As we no longer know the exact areas of the cities of Judea. b) Today these cities are rebuilt and are under Jewish sovereignty.

[105] Igros Kodesh 15:452; See Shulchan Menachem 3:70

[106] Sefer Eretz Yisrael [Tukichinsky] 22:2

[107] Rama 561:1

[108] Michaber 561:2

[109] Michaber ibid and Rama 561:1

[110] Michaber 561:2; Moed Katan ibid

[111] Bach 561; Peas Hashulchan 3:2; See Piskeiy Teshuvos 561 footnote 9 that some say one is to see the floor of the Azara.

[112] Michaber 561:2

[113] See Michaber Y.D. 340:23; Moed Katan 36b

[114] Michaber 561:4

[115] Sefer Eretz Yisrael [Tukichinsky] 22:4; One may begin the tearing with a knife and then complete the Tefach with his hands

[116] Michaber 561:4

[117] See Rama 340:10; Sefer Eretz Yisrael [Tukichinsky] 22:4;  Minchas Shlomo 73; Piskeiy Teshuvos 561:4

[118] See Michaber Y.D. 340:10; Kitzur SHU”A 195:3 and Nosei Keilim ibid; Regarding a Davening jacket that one wears as part of his dress code when walking outside, the Ashkenazi custom is to tear it by Aveilus, while the Sefaradi custom is not to tear it. Seemingly, one may be lenient to remove it upon visiting the Temple Mount and performing the Keria, and then put it back on after Keri was done to the shirt.

[119] Michaber 561:2

[120] Michaber 561:4

[121] Michaber 561:5

[122] See Sefer Eretz Yisrael 22:11; Ir Hakodesh Vihamikdash 3:17-5; Betzel Hachochma 5:12; Igros Moshe 5:37; Piskeiy Teshuvos 561:3

[123] See Levushei Mordechai Tinyana 173; Minchas Shlomo 13

[124] Betzel Hachochma 5:12

[125] Piskeiy Teshuvos 561:3;

[126] So ruled Rav Yaakov Yosef; See Halichos Shlomo Tefila 16 footnote 17; Moadim 15 footnote 45

[127] Igros Moshe 4:70-11

[128] Shevet Halevi 7:78; Minchas Shlomo 73; Piskeiy Teshuvos 561:1

[129] Igros Kodesh 15:452; See Shulchan Menachem 3:70; See Igros Kodesh Rayatz 2:205 “On today’s Jerusalem in which they built theaters, one can perform Keria twice.”

[130] Sefer Eretz Yisrael [Tukichinsky] 22:7

[131] Igros Moshe 4:70-11; See Piskeiy Teshuvos 561:14

[132] Rav Mazuz

[133] Michaber 561:5; Radbaz 646; Pischeiy Teshuvah 561

[134] Radbaz 646; Birkeiy Yosef 561; Shaareiy Teshuvah 561; Sefer Eretz Yisrael [Tukichinsky] 22:9; Piskeiy Teshuvos 561:4

[135] Orchos Rabbeinu p. 148; Piskeiy Teshuvos 561:4

[136] See Piskeiy Teshuvos 561:1; Moadim Uzmanim 7:257

[137] See Michaber Y.D. 340:34; Moed Katan 26b; Shach 340:48-50

[138] See Radbaz and Birkeiy Yosef ibid, brought in Pischeiy Teshuvah 561 that the Jerusalem residents would not make a tear every thirty days upon seeing the Temple Mount even though they are obligated to do so.

[139] Mishneh Halachos 6:110

[140] Minchas Shlomo 73

[141] See Igros Kodesh 15:452; See Shulchan Menachem 3:70

[142] Igros Kodesh 15:452; See Shulchan Menachem 3:70

[143] Orchos Rabbeinu p. 148; Piskeiy Teshuvos 561:4; Heard from Harav Yaakov Yosef

[144] Bach 561 regarding Mikdash; M”B 5616; Kaf Hachaim 561:5

[145] See Michaber 340:22-23

[146] Masa Harebbe Lieretz Hakodesh 7; See Hiskashrus 262

[147] Admur 94:1 in parentheses; M”A 560:2; Rambam Beis Habechira 6; Sefer Hateruma; Aguda; Semag; Chinuch; Ritva; Tashbatz; Kaftor Vaferach 6; Yireim 325 Tur; M”B 560:5; Likkutei Halachos Zevachim; Binyan Tziyon 2; Igros Moshe O.C. 2:113

Other opinions: Some Poskim rule that in today’s times, during exile, there is no longer a Kareis prohibition involved in entering the restricted areas on the Temple Mount. [Raavad ibid, brought in M”A ibid] Practically, we do not rule like this opinion. [M”A ibid; Binyan Tziyon ibid] Furthermore, there is room to learn that even according to the Raavad there is a prohibition involved. [However, see Radbaz 691]

[148] Rambam Hilchos Bias Hamikdash chapter 2-3

[149] See Pesachim 68a; Tamid 27b; Rashi Yevamos 7b and Zevachim 32b; Tosafus Yuma 6a; Rosh Nazir 44b; Ritva Yevamos 7b; Meiri Yevamos 3b; Yireim 277 and 391; Semag 304

Other opinions: Some Poskim rule a Baal Keri is permitted to enter the Har Habayis. [Omitted from Rambam Hilchos Beis Habechira 7:15; Bais Hamikdash 3:3; and implied from Shevisas Asur 3:3; Aruch Hashulchan Hasid 36:10 concludes this to be the view of the Rambam]

[150] Rambam 3:3

[151] Rambam 3:4; See Igros Moshe O.C. 2:113

[152] Rambam ibid 3:8

[153] Rambam ibid 3:5-6

[154] Rambam ibid 2:4

[155] Rambam ibid 2:1-2

[156] Rambam ibid 2:4

[157] Rambam ibid 2:1

[158] Rambam ibid 2:3

[159] See Ir Hakodesh Vihamikdash 4:1

[160] Middos 2

[161] Today’s Temple Mount is no longer square and has the following measurements: From East to West: 321 meters by its Northern side and 283 Meters by its southern side, for an average of 302 Meters; From North to South is 490 by its Western side and 482 meters by its Eastern side, for an average of 482 Meters. There is thus an approximate total of 180 extra meters in today’s Har Habayis. [See Ir Hakodesh Vihamikdash 4:1-2] The Eastern wall is 465 meters; the western wall is 488 meters; the northern wall is 317 meters; the southern wall is 275 meters

[162] Some say it is found by the rock that is under the Dome of the rock. [Radbaz 691; Ir Hakodesh Vihamikdash 4:4; All Poskim brought in later footnotes] Others say the rock is the area of the Mizbeaich. [See Ir Hakodesh Vihamikdash 4:4 who negates this position] Others say the Kodesh Hakedoshim is in the Southern area of the Har Habayis. [Kaftor Vaferach] See Igros Moshe O.C. 2:113

[163] Some say it is 48 cm [Shiureiy Torah p. 249; Daas Torah 35:116] Others say it is 53 cm [Darkei Teshuvah 19] Others say 54 cm [Aruch Hashulchan Y.D. 201] Others say 57 cm [Meishiv Davar 24] Others say 58 cm [Chazon Ish in Kuntrus Hashiurim 39:5; End of Kitzur SHU”A] 60 cm [Ir Hakodesh Vihamikdash 4:1-3] 63 cm [Darkei Teshuvah in name of Chasam Sofer 181; Levush Mordechai 133]

[164] Radbaz 691; Chida in 561; Chasam Sofer Y.D. 236; Chofetz Chaim Yalkut Halachos Zevachim p. 34; Chazon Ish E.H. 107; See Bach 561:5; Ir Hakodesh Vihamikdash 4:4; Pirkei Derebbe Eliezer end of chapter 30 [omitted from some Nuschaos] “Bnei Yishmael will build a building on the Heichal; The following historians: Bordo [year 333]; Eutychias [year 876]; Binyamon Todelo [year 1170]; Rav Pesachya Mirogenshburg; See Sefer Chatzors Beis Hashem of Rav Menachem Koran

[165] Middos 5:1; Radbaz ibid

[166] Middos 2

[167] There were 11 Amos between the western wall of the Heichal and the wall of the Azara:Beis Hamikdash. [Radbaz ibid] However see that there were 10 Amos from the walls of the Beis Hamikdash to the Cheil. [Mishneh Middos 2:3]

[168] See Piskeiy Teshuvos 561:5

[169] Radbaz ibid; Meiri Shavuos 16a; However see Minchas Yitzchak 5:1; Yabia Omer 5:26; Tzitz Eliezer 10:1

[170] Radbaz ibid [brought in Shaareiy Teshuvah 561:1] defends going on certain steps even though it is possibly part of the section of the restricted area, as a) Maybe it is not part of the restricted area and b) Even if it is, perhaps the air of the Azara was never made holy, and c) Perhaps we rule like the Raavad who holds there is no Kareis today involved in entering the Makom Hamikdash.

[171] Minchas Yitzchak 5:1; Yabia Omer 5:26; Tzitz Eliezer 10:1; Rav Elyashiv; Rav Wozner; Rav SZ”A; Rav Zevin; Rav Yaakov Landa; Rav Kook; Rav Mordechai Eliyahu; Rav Avinar; Chief Rabbi’s of Israel in their respective terms including Rav Kook

[172] Rebbe ibid

[173] Heard from Harav Yaakov Yosef

[174] Printed in Menachem Meishiv Nafshi Erech “Rav Geitz”

[175] Yabia Omer 5 Y.D. 26-9; Kinyan Torah 3:58; Piskeiy Teshuvos 561:5

[176] The reason: As the air over the Azara was sanctified and it is prohibited for a Tamei person or item top enter that area. [ibid; See Rambam Bias Hamikdash 3:19; See Radbaz ibid that it is a doubt if the air of the Azara was made holy.]

[177] Shir Hashirim Raba 2:63; Tana Dvei Eliyahu 30

[178] Eicha Rabasi 1:31; Shemos Raba 2; Radbaz 648; Zohar Shemos 5b; Hayom Yom 21^st Tamuz; See Yeshuos Yaakov on Tana Dvei Eliyahu ibid

[179] See Ir Hakodesh Vehamikdash 4:2; Igros Moshe O.C. 2:113 “Certainly this area where people customarily Daven contains a tradition from the Rishonim that it is permitted to go there, and thus how can one argue on them”

[180] Avnei Nezer 450; Tiferes Tzevi Y.D. 27:12; Mishkanos Leabir Yaakov in name of Maharil Diskin and Rav S.Z.Z of Lublin; Ir Hakodesh Vehamikdash 4:2; Tzitz Eliezer 10:1; Yabia Omer 5:27; Piskeiy Teshuvos 561:6

Other opinions: Some Poskim considered the Western Wall as the wall of the Azara/Beis Hamikdash, [Radbaz 2:691] This opinion has been negated by almost all Gedolei Yisrael, and archeologists. See Ir Hakodesh Vehamikdash ibid; Igros Moshe O.C. 2:113

[181] Some Poskim considered the Western Wall as the wall of the Azara/Beis Hamikdash, [Radbaz 2:691; Shaareiy Tzedek 11:8; Poskim brought in Ir Hakodesh Vehamikdash ibid; Igros Moshe O.C. 2:113 that so was custom of the Brisker Rav top not visit the Western Wall] which would mean that Har Habayis begins much earlier, into which a Tamei person may not enter. [See Piskeiy Teshuvos 561:6]

[182] Mishkanos Leabir Yaakov [Adart]; See Ir Hakodesh Vehamikdash 4:50 for a lengthy discussion on this matter and how even if we accept the notion that the Kosel contains the Kedusha of Har Habayis, it would only be forbidden for one who did not Toivel to enter his fingers there. Furthermore, he does not accept the novelty of the Adart that even touching would be forbidden

[183] The reason: As perhaps the actual wall of the Har Habayis has the same Kedusha as the Har Habayis, and if so, one who is Tamei from Zav, Baal Keri, Nidda or Yoledes, cannot enter his fingers there.

[184] Avnei Nezer 450; Tiferes Tzevi Y.D. 27:12; Mishkanos Leabir Yaakov in name of Maharil Diskin and Rav S.Z.Z of Lublin; Ir Hakodesh Vehamikdash 4:2; Tzitz Eliezer 10:1; Yabia Omer 5:27; Piskeiy Teshuvos 561:6

The opinion of the Rebbe: It is recorded that the Rebbe inquired into this matter on numerous occasions upon having visitations from Gedolei Yisrael in Eretz Yisrael. On one occasion, the Rebbe is said to have told a Chassid that he should stick the note into the wall using a stick. [See Hiskashrus 259 and 261] It is told that when the Rebbe Rayatz visited Eretz Yisrael in the year 5688 he inquired as to whether people kiss the Kosel wall, and after the affirmative reply, he went ahead and kissed the wall. See Sefer Hasichos 5688 p. 25. All in all, in 1971, the Rebbe instructed the Shluchim to write a Petekl when they visit the Kosel, and include in it their names, as is the custom. [Toras menachem Vol. 64 p. 158] No mention however was made regarding entering it into the wall.

[185] The reason: As in truth the walls of Har Habayis do not contain the Kedusha of Har Habayis. [ibid]

[186] See Ir Hakodesh Vehamikdash ibid

[187] Devarim 16:16; Rambam Hilchos Chagiga 1:1; Chinuch 489; Semag 360

[188] Rambam Hilchos Chagiga 1:1; Chinuch 489; Semag 360; Ridbaz on Yerushalmi Chagiga 1:1; Turei Even Chagiga 2a that so is opinion of Bavli; See Minchas Chinuch 489-490; Noda Beyehuda Tinayna 94; Yearos Devash 1:12

[189] Turei Even Chagiga 2a that so is opinion of Yerushalmi; Yireim 425; 403 “When one comes to see Hashem, he is to bring charity or a Karban”

[190] See Chagiga 7a; Rambam Chagiga 1:1

[191] Yachel Yisrael 1:14

[192] Tashbatz 3:201; Chasam Sofer Hesped after Parshas Emor “It is a Mitzvah to visit Lalos Liregel even today”; Chasam Sofer Y.D. 233; However see Chasam Sofer ibid 234 “In today’s time there is no obligation”; Yechaveh Daas 1:25 “Certainly there is a Mitzvah also today”, although see Yechaveh Daas 2:10 who writes it does not apply today

[193] It is unclear if his intent is Biblical or Rabbinical

[194] Rav Shlezinger, student of Chasam Sofer, in Shut Rav Akiva Yosef 160, brought in Piskeiy Teshuvos 529 footnote 51

[195] Har Hakadosh p. 277; Custom of Rav SZ”A

[196] See Siach Yitzchak 2:142

[197] Mishneh Halachos 12:489; Piskeiy Teshuvos 529:13; Perhaps this is the intent of Chasam Sofer and Yechaveh Daas ibid; See also Or Letziyon 3:24-12

[198] Implication of Admur 117:1 in parentheses; Levush 117:1; Ran Taanis 2a; Ridbaz on Yerushalmi Chagiga 1:1; Minchas Chinuch 489-490; Noda Beyehuda Tinayna 94; Yearos Devash 1:12

Igros Moshe Y.D. 3:122

[199] Admur 117:1 in parentheses; Levush 117:1; Ran Taanis 2a; Midrash Shir Hashirim 4:2 “Just as a dove returns to visit its destroyed nest, so too the Jewish people visit the Temple during Shalosh Regalim even after the destruction; Sefer Chassidim 630 “Rav Haiy Gaon would travel to Yerushalayim from Bavel to be there for Sukkos”; Kaftor Vaferach 6 “We are accustomed together with the lands of Syria, and Egypt to visit the Yerushalyim by the Moadim”; Maharit 1:134; Maharitz Chayos on Nedarim 23a; Tashbatz 3:201; Maharal bach; Yaavetz 1:87; Avos Harosh 1:117; Sdei Chemed Mareches Eretz Yisrael 1; Igros Moshe Y.D. 3:122; Piskeiy Teshuvos 529:13

[200] Chasam Sofer Hesped after Parshas Emor “It is a Mitzvah to visit Lalos Liregel even today”; Chasam Sofer Y.D. 233; Sdei Chemed ibid; Yechaveh Daas 1:25 “Certainly there is a Mitzvah also today”; Or Letziyon 3:24-12

[201] Rambam Hilchos Chagiga 1:4

[202] Rambam Hilchos Chagiga 1:7

[203] Piskeiy Teshuvos 529:13 footnote 49