The big question that we must discuss is the status of the stones that are part of the “Kosel HaMaravi” nowadays, and are the stones still considered kadosh, or did they perhaps lose their level of kedusha at the time of the Churban?
According to those who learn that the “Kosel HaMaravi” is the wall of the Azorah, the stones would have the kedusha of the Beis HaMikdash. However, for the majority opinion which takes on that it is the wall of Har HaBayis, there is room to question if the stones have any kedusha, and although the area where the wall is has the kedusha of Har HaBayis, however, it is possible that the stones in that area don’t have kedusha.
The Chasam Sofer (Yoreh Deah 264) writes that the “Kosel HaMaravi” is still considered kadosh nowadays, as it was built from the shiyorei halishkah [remnants of the Temple treasury] as is clear from the Mishnah in Shekolim 4:2.
The Chasam Sofer further brings that it is clear from the Rosh (Nedorim 10b), Bartenura (Nedorim 1:3), and ruled in the Shulchan Aruch (Yoreh Deah 204:2) and in the Shach and Taz, that the walls of Yerushalayim are considered something upon which a neder can be attached to (הנדור דבר), so we see it has kedusha. [This is unlike the Ran who learns that when one connects his neder to the “walls of Yerushalayim” he refers to the korbanos offered up within Yerushalayim.]
R’ Moshe Feinstein zt”l (Igros Moshe, Yoreh Deah, Vol. 4, siman 63, sec. 11) agrees that since the “Kosel HaMaravi” was built from the shiyorei halishkah, it is subject to me’ilah and is therefore considered kadosh.
The Gemara (Avoda Zarah 52b) derives from the pasuk: וחללוה פריצים בה ובאו — “And lawless men entered it and desecrated it” (Yechezkel 7:22) — that the stones of the mizbe’ach defiled by the Greeks lost their kedusha. This raises the question: Did the conquest of Har HaBayis similarly nullify the kedusha of the Kosel stones?
Dependent on the Machlokes Ba’al HaMaor vs. Ramban and Ritva
Rav Tzvi Pesach Frank (Mikdash Melech, pg. 18, in the he’oras Tur Malkah) notes that this depends directly on a machlokes Rishonim. According to the Baal HaMaor (Avoda Zarah, 24a MiDaday HaRif) only Jewish rebels can nullify the kedusha, additionally, they can only nullify the kedusha of vessels and not that of the building. The Ramban (Avoda Zarah, there) and Ritva (Makkos 19) disagree and maintain that non-Jews can nullify the kedusha and they can even nullify the kedusha of buildings. So, it would come out that according to the Ba’al HaMaor the Kosel stones are still kadosh, whereas according to the Ramban and Ritva they are no longer kadosh.
Chiddush of the Beis Yitzchak
However, the Shu”t Beis Yitzchak (Orach Chaim, siman 27) argues that the loss of kedusha lasts only while non-Jews control the site; when they depart, kedusha automatically reverts. Today, under those terms, the kedusha has returned.
Igros Moshe
Additionally, it is clear from the Igros Moshe (Yoreh Deah, Vol. 4, siman 63, sec. 12) that since Hashem promised that the “Kosel HaMaravi” will never be destroyed, even when the Kosel may seem to be in the hands of others it is not really, as we know we are going to get it back, therefore, the kedusha remains.
What To Do with a Fallen Stone?
The Rambam rules (Hilchos Beis HaBechira 1:15) that stones of the Heichal or Azaros that become chipped or defective are invalid, cannot be redeemed, and they must be placed in geniza. The Mishnah LeMelech adds that even if such stones passed into a state of chullin, a layperson may not make personal use of them.
According to those who hold that the “Kosel HaMaravi” is the wall of the Azorah, certainly if a stone falls of the Kosel it would require geniza. However, according to the majority of poskim who hold that it is the wall of Har HaBayis, there is no explicit din of geniza. Although, the Rambam in halachah 20 brings a din that if a stone was prepared initially to be used for a Beis HaKnesses of a hedyot, it shouldn’t be used for Har HaBayis, which implies that even Har HaBayis structures carry some degree of kedusha.
May A Non-Jew Perform the Repair?
Is it okay to use a non-Jew to return the stone back to its original place? Some allow a non-Jew to do this, and although such an act carries great kedusha, it is not considered the mitzvah of building the Beis HaMikdash, as in the end of the day the Beis HaMikdash still remains in its state of churban.
Even if the act is not considered building the Beis HaMikdash, it is more ideal to do it with a Yid, therefore, it is best to pay a non-Jew, and although normally we say ein shlichus l’akum, there is no act of shlichus when it comes to non-Jews, the Machneh Ephraim writes that if the non-Jew is being paid, then there is shlichus.
The Gemara in Eruchin (5b) learns out from the pasuk in Ezra (4:3): ולנו לכם לא לבנות, that non-Jews shouldn’t take part in building the Beis HaMikdash, however, if they are being paid then it is okay.
Based on the above, if the repair is in a place where a Jew isn’t allowed to go, i.e. he needs to stand on top of the “Kosel”, then a non-Jewish laborer may be used.
The Rulings of Gedolei Yisrael
The Ruling of HaGaon Rav Avigdor HaLevi Nebenzal shlita
HaGaon Rav Avigdor HaLevi Nebenzal shlita ruled that the stone must be preserved in its kedusha and it should be returned as precisely as possible to its original position. He further ruled that the repair should be carried out by a Torah-observant Jew. His reasoning for using a Torah-observant Jew was: Firstly, when it comes to any mitzvah it is best to use a Torah-observant Jew as they know how to have proper kavonah. Secondly, there is a mitzvah of building the Beis HaMikdash, and although this is not the building which we are hoping and waiting for, which due to our sins we don’t have today, it is the closest thing we have to it.
The pasuk in Ezra (4:3) relates that Zarubavel told the Kutim who offered to help with the building of the Beis HaMikdash: לאלקיֽנוּ בַּיִת לִבְנוֹת וְלָנוּ לָכֶם לֹא, that it wasn’t up to them to do it, we see that Kutim and certainly non-Jews shouldn’t be involved in building the Beis HaMikdash.
Additionally, the Rambam rules (Hilchos Beis HaBechira 7:23) that those who enter to build and repair the Heichal or to remove tumah, should be unblemished Kohanim; if there aren’t any such Kohanim then Kohanim who are blemished should be sent; if there are no Kohanim then Levi’im should be used; if there are no Levi’im then Yisraelim should be used; if there are tohar people they should be used; if there is only tomei people they may be used. Although the Rambam lists many groups of people he omits a non-Jew, therefore, perhaps the same thing applies to the “Kosel HaMaravi”, and a non-Jew shouldn’t be sent to fix it.
Even if the “Kosel HaMaravi” is the wall of Har HaBayis and not the Azorah, nonetheless, it is certainly no worse than a Beis HaKnesses and when it comes to a Beis HaKnesses the Birkay Yosef (cited in Biur Halachah beginning of 150) brings that some write that a Beis HaKnesses shouldn’t be built by an idol worshipper.
[Some wanted to argue that in the particular story that happened in Av 5778, the stone fell from a place where only Reform Jews pray, therefore, perhaps it doesn’t have the kedusha of a Beis HaKnesses. However, the truth is, the entire “Kosel HaMaravi” is looked at as one continuous structure, and as long as part of it has the kedusha of a Beis HaKnesses, the din stretches to the entire wall. Additionally, in the past the Reform never used to daven there, and even today the reality is, there are more Chareidim than reform in that area.]
The Ruling of HaGaon Rav Chaim Kanievsky zt”l
When asked whether the stone carries halachic kedushah and how to handle it, Rav Chaim Kanievsky replied: He was uncertain whether me’ilah applies, but the stone must in any case be treated with kedusha. When asked whether it should be returned to its place, he said: If it is possible, it is proper to do so. (Divrei Siach)
What Happened in the End?
In this particular incident, six years after it fell, the stone was buried alongside some other stones of the Kosel that are said to have fallen during the destruction of the Second Beis HaMikdash.
Originally, the plan was to return the stone to its original place, however, engineers said that returning the stone safely would require extensive drilling which posed halachic problems, therefore, ultimately, they decided it was best to bury it instead.
