If One Did Not Perform Keriah When Visiting the Kosel HaMaravi, Should He Do It Later That Day When in a Different Place, Or Is It Too Late?
The Chazon Ish ruled, that if one didn’t perform keriah on the day he saw the Makom HaMikdosh he doesn’t need to perform keriah the next day. R’ Sroya Davlitsky zt”l (Zichron Betzalel pg. 121) is medayek [makes an implication] from here, that on the same day one is obligated to perform keriah, even if he is no longer by the Makom HaMikdosh. R’ Moshe Sternbuch in Shu”t Teshuvos V’Hanhagos (4:131) also brings from the Chazon Ish, that the obligation to perform keriah applies the entire day.
However, the Igros Moshe (Orach Chaim Vol. 5, siman 37, s.k. 4) and Shu”t Minchas Shlomah (Vol. 1, siman 73, pg. 436) both say that the obligation is only at the time one sees the Makom HaMikdosh and not afterwards (for more on this, see He’oras of R’ Elyashiv on Mo’ed Kotan 26a). Especially nowadays, when most people who visit the Makom HaMikdosh are not in pain or upset by the time they return home, it’s illogical to obligate them to perform keriah when they are at home. R’ Shlomah Zalman adds: It’s not so clear that we can be medayek from the Chazon Ish, that there is an obligation the entire day, even if one is no longer by the Makom HaMikdosh.
If One Visited the Kosel HaMaravi on Shabbos and Didn’t Perform Keriah, Should He Perform Keriah on Motzei Shabbos?
The Shu”t Maharil Diskin (Kuntros Achron, siman 5, ois 185) is in doubt if one saw the Makom HaMikdosh on Shabbos, if he must perform keriah after Shabbos. We can’t prove anything from the fact that one performs keriah after Shabbos for one who dies on Shabbos, as there the keriah is related to the aveilus [mourning], therefore, it makes sense to tear after Shabbos.
However, the Maharil Diskin brings the halachah (Yoreh Deah 400) that an avel during the week of shivah is allowed to change his clothes on Shabbos. We don’t find that after Shabbos he is obligated to perform keriah on these clothes, even though normally if an avel wears a second set of clothes during shivah he is obligated to tear them. We see from here that on Shabbos the obligation to perform keriah doesn’t apply (לא רמיא עליה חיוב קריעה כלל). However, he then refutes this proof, as perhaps an obligation of keriah that is incumbent upon a garment alone, isn’t chal [binding]on Shabbos, however, the obligation which is incumbent upon the person (דרמיא אקרקפתא דגברא ) is. Although keriah can’t happen without a garment, it could still be that the person becomes obligated in keriah on Shabbos, and on Shabbos itself due to the issur melachah he can’t do it, however, the obligation is still chal and as soon as Shabbos is out, he must perform keriah. According to this, if one saw the Makom HaMikdosh on Shabbos and didn’t perform keriah, the obligation would remain in place, and after Shabbos he would be obligated to perform keriah.
However, in Shu”t Minchas Shlomah (Vol. 1, siman 73, pg. 436) R’ Shlomah Zalman brings in the name of the Chazon Ish that one isn’t required to perform keriah after Shabbos. R’ Shlomah Zalman cites many reasons for this ruling. Firstly, he says, it’s not more stringent than the obligation to perform keriah when gathering together bones from a dead body, where the halachah is that if one did not perform keriah that day, he doesn’t need to do it the next day. He adds furthers that seeing the Makom HaMikdosh on Shabbos is not more stringent than what we find in Mo’ed Kotan (20b) that if one hears about a relative dying on Shabbos, and on a motzei Shabbos it becomes a shemuah rechokah [distant hearing, i.e. more than 30 days after the passing], even though on Shabbos he must keep dinei aveilus in private and the next day for one hour, however, he doesn’t perform keriah. Therefore, certainly in our case, when on Shabbos there are no dinim of aveilus incumbent upon the person whatsoever, he is completely exempt from performing keriah after Shabbos. This is also clear from the Emek Berachah (Aninus VeAveilus, ois 6), and in He’oras of R’ Elyashiv on Mo’ed Kotan (end of 26a).
The Obligation to Perform Keriah Is At A Time When One is Heated Up, and the Prohibition to Eat Meat and Wine on the Day One Sees The Makom HaMikdosh for the First Time
The Minchas Shlomah adds to the above, that the obligation to perform keriah is specifically at the time one is all heated up and bothered about seeing the Makom HaMikdosh and the Churban, therefore, even if one never performed keriah on Shabbos, there is no need to perform keriah on motzei Shabbos at home (see also Emek Berachah pg. 139 who says like this).
The Minchas Shlomah adds: It’s very likely that Chazal determined that the initial seeing is what heats up the heart and causes one to be distressed. Although the seforim say that it’s good to refrain from eating meat and wine on the day one sees the Makom HaMikdosh for the first time (see Mishnah Berurah 561:4), this is an act of chasidus [piety], as strictly speaking one is allowed to dance and rejoice that same day at a chasunah for simchas choson vekallah. Based on this, we can say that the obligation to perform keriah is only at the time one can still see the Makom HaMikdosh and not after one has already left the place, even if it’s the same day.
The Sefer Ir HaKodesh VeHaMikdosh (Vol. 3, siman 17, 1, 4) is in doubt as to what the main mitzvah is, is it the pain or is it the keriah? Does the pain require one to perform keriah, or is it the opposite, the keriah comes to bring out pain, (see inside for many practical differences).
Is There A Limud Zechus [Merit] for Those Who Don’t Perform Keriah When Seeing the Makom HaMikdosh?
Continuing with the aforementioned logic, the Shu”t Teshuvos V’Hanagos (5:165) brings in the name of gadol echod, a limud zechus for those who don’t perform keriah when seeing the Makom HaMikdosh. He brings that the enactment of Chazal to perform keriah was because they were certain that one would be in a state of mourning when seeing the Makom HaMikdosh desolate. However, they never enacted that one should perform keriah simply because he saw the site, the enactment was because of the pain of seeing the site. For this reason R’ Yehoshua Leib Diskin zt”l wouldn’t visit the Kosel HaMaravi even though he lived nearby, as he was scared that due to the immense pain and crying he would do when seeing the site he may bring himself to faint. Based on this, if sadly one doesn’t feel any pain, he is missing the main point of the enactment of keriah and has no reason to perform keriah and is therefore exempt. Although Chazal and the Shulchan Aruch don’t mention this, that is because in those times Yerushalayim was desolate and certainly everyone felt the pain of the Churban and it was fitting for them to tear keriah (sadly it's only in our times that things have changed).
The Teshuvos V’Hanagos brings proof to this from another halachah in Shulchan Aruch. The Shulchan Aruch (Yoreh Deah 340:18) rules that for a father and mother, one always performs keriah, even if he finds out a long time after their passing. This is based on the Yerushalmi (Mo’ed Kotan 3:2) which says:וכי יש קריעה בלא איבול ,שכן על אביו ואמו אפילו לאחר כמה זמן חייב לקרוע – “Is there ever a case when keriah is performed without mourning? Yes, for a father and mother keriah is performed even after a large amount of time.” The Korban Eidah explains: Even after many years. However, Rabbeinu Tam and the Ritva learn that one only performs keriah if there is still dinim of aveilus, i.e. within twelve months. Just like Rabbeinu Tam and the Ritva learn that there is only keriah if there is dinim of aveilus, the same thing is with keriah by the Kosel HaMaravi, and one only has reason to perform keriah, if he feels the aveilus of the Churban. (See Shu”t Mishneh Halachos 6:110, who says a similar idea.)
However, practically he concludes that this isn’t clear, as perhaps Chazal instructed everyone to perform keriah in order to arouse aveilus, and it’s difficult to uproot a din mentioned in the Gemara and to say that it doesn’t apply nowadays.
The Obligation to Perform Keriah Every Thirty Days, And What About People Living in Yerushalayim?
Thirty Days
Someone who saw the place where the Beis HaMikdosh once stood and tore keriah is not required to tear keriah again, until thirty days have passed since the last time that he saw it (see Yerushalmi, Berachos 9:2; Rambam, Hilchos Ta’anis 5:18). The Magen Avraham (561:6) notes that someone born in Yerushalayim may never be required to tear keriah for the destruction of the Beis HaMikdosh, if he saw the area of the churban within thirty days before turning bar mitzvah, and then returns to it within every thirty days.
What If the First Time One Saw the Kosel HaMaravi Was on Shabbos and He Then Saw It Again Within 30 Days?
The Igros Moshe (Yoreh Deah, Vol. 3, siman 52, s.k. 4) writes that if one saw the Makom HaMikdosh on Shabbos and did not perform keriah, and then he saw the Makom HaMikdosh a second time within thirty days, it’s obvious that he must now perform keriah. He writes: It’s not like the case we mentioned above, that if a child is born in Yerushalayim and he grows up and sees the Kosel HaMaravi every thirty days he doesn’t need to perform keriah, as in that case when he was a young child he was 100% exempt. However, in our case one isn’t really exempt from performing keriah on Shabbos, it’s just because it’s Shabbos one can’t do it (אריה דרביע עליה), since he wasn’t really exempt, when the opportunity arises again one must do it.
However, R’ Shlomah Zalman Auerbach (Halichos Shlomah, Tefillah, Perek 16, he’orah 7, and Madanay Shlomah pg. 64) writes that the minhag is that in such a case we don’t perform keriah the second time. He explains: Since it is forbidden to be upset on Shabbos, there is no longer an obligation when seeing the Kosel HaMaravi a second time.
The Obligation to Perform Keriah for Those Living in Yerushalayim
The Pischei Teshuvah (Yoreh Deah, 340, s.k. 22) cites the Shu”t HaRadvaz (2:646) who writes: Even those living in Yerushalayim need to perform keriah if it has been thirty days since they last saw the Makom HaMikdosh. He writes further: I wrote this, even though it’s obvious, as I have seen many people not careful about this, however, be warned and be careful.
However, the Sha’arei Teshuvah (Orach Chaim 561) and Kaf HaChaim (s.k. 26) both quote the Birkay Yosef (s.k. 2) who rules that for those living in Yerushalayim there is no need to perform keriah a second time, even if they haven’t seen the Kosel HaMaravi for thirty days.
R’ Yechiel Michal Tukachintsky (Ir HaKodesh VeHaMikdosh, Perek 17, 1, s.k. 6) writes: Ziknei Yerushalayim who haven’t been able to see the Makom HaMikdosh for thirty days, have the minhag to go on Shabbos to avoid having to perform keriah.
However, the Igros Moshe (Orach Chaim, Vol. 5, siman 37, s.k. 3) writes that there is no doubt, like the Radvaz writes, and one must perform keriah even if he lives in Yerushalayim.
We can add: That even those who are lenient, it’s only in the Old City when one should really perform keriah upon seeing the site itself due to its kedusha, and one who lives there is automatically reminded about the Churban when he sees it in its ruined state. However, those who live in the newer parts of Yerushalayim outside the wall surrounding the Old City, where the effects of the Churban are not as visible, it’s logical to say that even if there is a minhag not to perform keriah, for such people there is no minhag, and after thirty days of not seeing the Makom HaMikdosh one would need to perform keriah a second time (Shu”t Teshuvos V’Hanagos 4:131).
On the other hand, R’ Shlomah Zalman Auerbach is quoted as saying (Halichos Shlomah, Tefillah pg. 288, and Madanay Shlomah pg. 62) that even though strictly speaking one should perform keriah, however, he saw many gedolim and good Yidden who lived in Yerushalayim that had the minhag not to. He explains: It was due to a lack of feeling the pain of the Churban, that they didn’t tear. One who lives in the city where the Kosel HaMaravi is, and could easily go there and he doesn’t go for more than thirty days, it shows that he doesn’t have the right feeling towards the Kosel HaMaravi, and the pain of the Churban, therefore, there is no reason for him to perform keriah. And this was the minhag of those living in the new parts of Yerushalayim as well, such as Bayit Vegan, Har Nof, Ramot etc.
See further the Zer Torah (pg. 107) who also writes, that the minhag is that one who lives in Yerushalayim and hasn’t seen the Makom HaMikdosh for thirty days is exempt from performing keriah.
How To Perform Keriah
Performing Keriah Whilst Standing
The Shulchan Aruch (561:4) rules: “One should perform keriah with his hands, whilst standing.” Someone who tore his garment while sitting or while leaning on something with enough weight that he would fall if it was removed suddenly, has not fulfilled the mitzvah of keriah and must tear again. Therefore, someone who sees the area where the Beis HaMikdosh once stood or something constructed on its site while riding in a car or a bus should not tear while seated. If he can, he should get out of the vehicle and tear.
Does One Need to Tear All His Garments, or Just One?
The Shulchan Aruch continues: “One should tear all the garments he is wearing until he reveals his heart, and he shouldn’t ever fix it.” The source for this is the Rambam (Hilchos Ta’anis 5:17).
However, many poskim write (R’ Yechiel Michal Tukachintsky, Sefer Eretz Yisroel 22:4; Minchas Shlomah, 1:73; Shu”t Even Yisroel 8:43; Orchos Rabbeinu Vol. 2, pg. 148 in the name of the Chazon Ish, and pg. 154 in the name of the Steipler) that we don’t tear all our garments and it is enough to tear just the upper garment like the opinion of the Ra’avad (Hilchos Ta’anis 5:17) and the Maggid Mishnah in the name of the Ramban (like the Shulchan Aruch, Yoreh Deah 340:9 rules, that even though for a father and mother one tears all his garments, for other dead people one only tears the upper garment). Based on this, there is a solution to avoid having to tear an expensive upper garment, that before seeing the Makom HaMikdosh, one should remove his upper garment (i.e. jacket or frack) and he should have his shirt now as his upper garment (Orchos Rabbeinu Vol. 2, pg. 153 in the name of the Steipler and Shu”t Teshuvos V’Hanhagos 1:331 and 5:166) and then he should cut it slightly with a knife, and then continue to tear with his hand.
R’ Akiva Eiger (Orach Chaim 561:4) asks a contradiction in the Shulchan Aruh. In sif 2, he rules like the Ra’avad and Ramban that one tears just a tefech, which implies one only tears the upper garment, however, in sif 4 he rules like the Rambam that one should tear all the garments he is wearing until he reveals his heart (see further Yoreh Deah 340:9). See also Shu”t Teshuvah MeAhavah (2:273) who also asks this contradiction. However, the Shu”t Chasam Sofer (Yoreh Deah 323) answers that according to the Rambam one must do both, tear a tefach, and reveal the heart. This makes a practical difference in a case where one tore and revealed his heart, but didn’t tear a tefach, according to Chasam Sofer he isn’t yoitza unless he also tears a tefach.
Which Side of the Garment Should One Tear? And How Much?
The Mishnah Berurah (561:12) writes, that one should tear his garment on the left side as that is where one’s heart is. This is also the ruling of the Pe’as HaShulchan (3:5), and was also the minhag of the Steipler (Orchos Rabbeinu, Vol. 1, pg. 319). However, if one accidentally tore the right side, it’s ok (Zer Torah, pg. 107).
From the Shulchan Aruch (sif 2) it’s clear that one should tear a tefech (if one tore less than a tefech, see Biur Halachah, 340:14, d.h. Vechayav, who says that when performing keriah for a dead person, less than a tefech is nothing).
How to Tear
One should tear the upper part of the garment, going from the top down, and not at the bottom of the garment (Zichron Betzelel pg. 9). Nonetheless, since there is a machlokes Rishonim, if bedieved one tore it at the bottom he fulfils his duty like the Rema writes in Hilchos Semachos (Yoreh Deah, 340:2). If, however, one tears across the width of the garment he doesn’t fulfill his duty as it simply appears like a natural tear (Pischei Teshuvah, Yoreh Deah 340, s.k. 2 in the name of the Chochmas Adam, 152:2).
Tearing With the Hands or a Utensil?
The Shulchan Aruch (561:4) writes that one should perform keriah using the hands. The Mishnah Berurah (s.k. 12) explains: With the hands and not with a utensil. According to this, one shouldn’t use scissors when performing keriah (Shu”t Teshuvos V’Hanhagos 1:331). Nonetheless, one may start off using scissors and then continue with his hands, as he is no worse than a regular avel. However, many current day poskim allow using scissors the entire way. They explain: Although the Rambam (Hilchos Taanis 5:1) and the Tur rule that one should specifically use his hand, the Raavad and Ramban (see Maggid Mishnah) rule that only by a father and mother is one obligated to use his hands, however, not by other cases of keriah as is clear from a Tosefta (see Shu”t Even Yisroel, 8:43; Sefer Eretz Yisroel 22:4; and Zichron Betzalel pg. 121). Practically, the minhag is to start off the tear using scissors, a knife, or a sharp key, and then to finish off using the hands.
Should One Perform the Keriah Himself, Or Should It Be Done by Someone Else?
The Pischei Teshuvah (Hilchos Semachos, Yoreh Deah 340:1) quotes the Birkay Yosef who says that when performing keriah it is best if it is done by someone else, who the person is embarrassed of, as there is more agmas nefesh when one has his clothes torn by someone else, and he remains quiet and accepts the decision of the Ribbono Shel Olam. However, some say it’s best for one to do it himself,משום דמצוה בו יותר מבשלוחו – it is better to do a mitzvah by oneself than it is to do it via an agent. The minhag is that someone else starts and the mourner himself finishes (Kitzur Shulchan Aruch 195:5) However, by keriah performed on the Makom HaMikdosh, this is not the minhag, rather one does the entire keriah himself.
Tearing the Same Garment Many Times
From the Shulchan Aruch (561:2) it’s clear that when performing keriah for Yerushalayim and the Beis HaMikdosh separately, one can tear the same garment twice. The Mishnah Berurah (s.k. 20) adds, that one should distance the two tears 3 fingerbreadths apart (approx. 7.5 c.m.). The Steipler (Orchos Rabbeinu, Vol. 2, pg. 153) held that one can even tear the same garment five times.
Adding On a Tefech to a Preexisting Tear, or Is Even a Small Tear Enough
The Kaf HaChaim (561:15) brings from the Eliyah Rabbah (s.k. 5) that if one wants, he may add a tefech onto a preexisting tear, as is clear in Hilchos Semachos (Yoreh Deah 340:23) regarding one who is performing keriah for two people that died.
The Shulchan Aruch (561:2) rules, that if one tore a tefach over the Makom HaMikdosh, when he subsequently sees Yerushalayim he may add on a small tear to the original tear. The Mishnah Berurah (s.k. 9) explains: One doesn’t need an entire tefach as one has already fulfilled the main mitzvah of keriah with the first tear that he tore when seeing the Makom HaMikdosh, which is more kadosh than Yerushalayim and the second keriah is sort of included within the first keriah. According to this, if one tore upon seeing the Makom HaMikdosh one time, when he returns after thirty days, he isn’t yoitza with just a small tear, and he must tear a different tefach, or add an additional tefach onto a preexisting tear. (A small tear only helps when tearing for Yerushalayim after tearing for the Makom HaMikdosh, but the Makom HaMikdosh always requires a tefach.) (See the hakdomah of Toras HaMoadim, where he brings this in a letter from R’ Sroya Davlitsky zt”l, and see also the haga’oh there).
Resewing The Torn Garment
From the Shulchan Aruch (561:4) it’s clear that it is forbidden to resew the garment forever. However, this only applies if one resews the garment and fixes it up properly, if, however, one does a bad resewing job, then it’s okay. However, even this should only be done the next day.
Is It Okay to Tear the Garment a Second Time, In a Place Where It Was Previously Torn and Resewn?
If one performed keriah, and then he fixed up the garment in a permissible manner (i.e. resewn badly), and at a later date (after thirty days) he revisited the Makom HaMikdosh and performed keriah a second time along the same place, he doesn’t fulfil his duty, as is clear from Mo’ed Kotan (26b) and ruled in Hilchos Semachos (Yoreh Deah 340:20). If one performed keriah in the same original place, but added on slightly more than what he tore the first time, there is room to question whether he is yoitza or not (Divrei Sofrim, Yoreh Deah 340, s.k. 142).
If One Arrives At the Kosel HaMaravi With His Expensive Jacket On, May He Remove It and Tear Just His Shirt Underneath?
We mentioned above that one should tear his uppermost garment. If one is wearing an expensive jacket, and he doesn’t want to have to tear it, may he remove it, making his shirt now his upper garment?
The Gilyon Maharsha (Yoreh Deah 340:9) writes that even when performing keriah for a mother and father one may do so, if he doesn’t want to ruin his upper garment, therefore, certainly by the Kosel HaMaravi doing so is okay.
Is It Okay to Remove the Torn Garment Immediately After One Tears it?
The Steipler would swap his torn garment for an untorn one immediately after performing keriah, and he wouldn’t perform keriah a second time. He explained that after performing keriah it is considered like after seven days of aveilus, and there is no longer an obligation to tear keriah on any subsequent garments one wears. (Orchos Rabbeinu, Vol. 1, pg. 318 d.h. v’chein, pg. 319 ois 5, and pg. 322, ois 14).
However, they bring from R’ Elyashiv zt”l that he was stringent about this, and he held that one must remain wearing his torn garment as long as he is still by the Makom HaMikdosh. (According to this, there is room to question if one arrives at the Kosel HaMaravi to daven, if he should daven wearing his torn garment – see Hilchos Tefillah 91. Some say, on the contrary this is kavod for the tefillah, to daven in the Makom HaMikdosh with torn clothes, however, it’s not so clear.)
Avoiding Keriah by Being Mafkir [Relinquishing Ownership] Clothing, or By Giving Them Temporarily To Someone Else
Being Mafkir Clothes
The Shu”t Even Yisrael (8:43) was asked:אם יכול להפקיר את בגדיו לפני שמגיע למקום המקדש כדי להפטר מלקרוע אותם – “If one is able to relinquish ownership of his clothing before reaching the Makom HaMikdosh to exempt oneself from needing to perform keriah?”. Although normally for something to become hefker [ownerless] it needs to
