Being Careful to Call the “Kosel HaMaravi”, “Kosel HaMaravi”, and Not Just “Kosel”
The Maharil Diskin was very particular not to refer to the “Kosel HaMaravi” as the “Kosel” but would make sure to call it the “Kosel HaMaravi”. The Gemara in Shabbos (32a) teaches: R’ Yishmoel ben Elozor taught, due to two sins amei ha’aretz [ignoramuses] die: 1) על שקורין לארון הקודש ארנא – Because they refer to the Aron HaKodesh as “Aron”, 2) ועל שקורין בית הכנסת בית עם – Because they refer to a Beis HaKnesses, simply as a place of a public gathering (Rashi explains: It’s a disgrace to refer to a Beis HaKnesses simply as a place where people gather). We see from this Gemara that if one doesn’t designate a special name for the Aron HaKodesh, and one simply refers to it as an “Aron”, it is disgraceful. The Maharil Diskin understood that the same thing is with the Kosel HaMaravi and it is considered disgraceful to refer to it simply as a “Kosel” [A Wall] and one should give it a special name, and refer to it as “Kosel HaMaravi”. (Testimony from R’ Shmuel Yudelevitz, cited in the sefer, Mailoi Shel Shmuel, pg. 290)
To answer the minhag ha’oilam [widespread custom not to care about this] some suggest the following: We find in Chazal that they refer to the Beis HaMikdosh as “Bayis” [House], and a Sefer Torah as “Sefer” and they weren’t worried about the disgrace. Perhaps, if everyone calls something a certain way it is not considered disgraceful to give it a special name. However, if generally speaking something is referred to in an honorable manner, such as “Aron HaKodesh”, and then someone comes along and calls it simply “Aron”, then we say it is disgraceful. Perhaps we can answer that during the times of the Maharil Diskin everyone referred to the “Kosel HaMaravi” as “Kosel HaMaravi”, and if someone came along and shortened it and referred to it as just “Kosel”, they were acting disgracefully. However, nowadays when most people refer to it as simply “The Kosel”, perhaps it is no longer considered a disgrace (Igros U’Reshimos HaKoheles Ya’akov, Vol. 3, pg. 304). However, tzorich iyun if this is what was bothering the Maharil Diskin, and if he would agree that today it’s different.
Insights Into Halachah
Perhaps we can also add, that nowadays people refer to the “Kosel HaMaravi” as “The Kosel” and not just “Kosel” and perhaps referring to it as “The Kosel” is considered giving it importance, and is better than simply saying “Kosel” which means “wall”.
Bowing Upon Seeing the Makom HaMikdosh
The Mishnah Berurah (561:6) quotes the Bach who says that when one sees the Makom HaMikdosh he should bow towards it. Although the poskim debate as to what exactly is considered the Makom HaMikdosh, the custom today is to bow when seeing the Kosel HaMaravi. R’ Sroya Davlitsky zt”l (Zichron Betzalel, pg. 145, d.h. Belikutim) writes: Since this bowing down is not based on a Gemara or mentioned in the Rishonim, if one performs keriah when he sees the domes of the mosques (כיפת המסגד) by the Makom HaMikdosh then he shouldn’t bow, as it looks like he is bowing down to the dome and only if one is performing keriah by the Kosel HaMaravi itself should one bow.
What Level of Kedusha Does the Kosel Plaza Have?
The Shu”t Mishnas Yosef (4:30) writes: Certainly, the lower plaza where people can be found davening all hours of the day, has complete kedusha like that of a Beis HaKnesses de’krochin [shul belonging to the public]. However, he is unsure about what level of kedusha the upper plaza has. The Gemara in Megillah (26a) brings the opinion of the Chachomim who hold that a street where people gather to daven on fast days and during the maamados, is only used on a temporary basis, therefore, has no kedusha (see Shulchan Aruch 154:1). The Mishnas Yosef is in doubt, if perhaps the upper plaza is like the aforementioned street. Or if perhaps it has the status of a courtyard of a shul which has a certain level of kedusha, or if perhaps it has the same level of kedusha as a proper Beis HaKnesses.
The Mishnas Yosef then writes, that for two reasons it has the status of a proper Beis HaKnesses. Firstly, the upper plaza was built to serve as a place for davening for the many Jews that want to daven there. Throughout the year there is a wall separating the upper plaza and lower plaza, so that people davening can stand in a private separate place, and also because they lowered the original plaza and revealed another two rows of stones, however, they didn’t want to, or were unable to lower the entire area, and as a result it became two separate plazas. However, it’s clear that the wall separating the two plazas isn’t coming to border off and terminate the lower plaza and to mark out that until here is the plaza of the Kosel HaMaravi and no further. It’s just that on the lower plaza there is constant davening all year round, non-stop, and by the upper plaza people only daven there on certain occasions when there is not enough space on the lower plaza, such as on Shavuos, during the days of Selichos, Tisha B’Av, and Birchas Kohanim on Chol HaMoed. Secondly, he adds, since the upper plaza serves as a Beis HaKnesses for the public at certain fixed times, it is like a Beis HaKnesses de’krochin which belongs to everyone (see Megillah 26a, and Rambam, Hilchos Tefillah 11:16), and no one has the power to annul it, or lower it from such kedusha.
In addition to the above, throughout the year there are certain groups of people which make minyonim in the upper plaza, such as people from Beis Brisk [people who come from Brisker families] who are stringent not to get too close to the Kosel HaMaravi nowadays, when we are impure.
He further adds, everyone certainly agrees that the upper plaza at least has the status of a courtyard of a Beis HaKnesses. After proving all this, the Mishnas Yosef points out that there is a big breach of tznius when men and women mix there. And he writes, that if the upper plaza has the status of a Beis HaKnesses, then it would seemingly be a problem to talk mundane matters, or idle chatter in such a place (see Shulchan Aruch 151:1). Tzorich iyun.
Similarly, the Mishnas Ya’avetz (cited in Tzohar, Vol. 15, pg. 28) writes that the upper plaza is a place designated for tefillah, and although it is only used for davening very temporarily, for those who daven there it is considered a makom tefillah. Consequently, he concludes that it has kedusha and should only be used for davening, and it is forbidden to perform disgraceful activities there. Gatherings and meetings etc. not suited for such a holy site shouldn’t take place there.
R' Nossan Gestetner in Shu”t L’Horas Nosan (1:7) proves, that although the Kosel plaza isn’t covered with a roof it still has kedusha, just like we find that Har HaBayis also wasn’t entirely covered over (see Middos, 1:1, Tosfos Yom Tov and Tiferes Yisroel) and he writes that it has the same level of kedusha as a Beis HaKnesses.
Anyone who has visited the Kosel HaMaravi will probably know that it is often a place where one meets friends, cousins etc. that one hasn’t seen for a long time. Considering the above, however, one must be careful not to chas vesholam talk about mundane matters and idly chatter in such a holy place. Both on the lower and upper plaza.
However, he doesn’t write there if he is only referring to the lower plaza, or if he is referring to the upper one as well.
On the other hand, the Menuchas Emes (Perek 12, he’orah 24) writes that R’ Elyashiv zt”l told him, that the upper plaza doesn’t have the same level of kedusha as that of a Beis HaKnesses, or even that of a courtyard of a Beis HaKnesses as it is not designated to serve as such. People only daven there when the lower plaza is too full, such as during the days of Selichos and they can’t get any closer. However, we must add: Even if the status of the upper plaza is like that of a city square/street where people gather on to daven at certain times, and doesn’t have the same level of kedusha as a Beis HaKnesses, nonetheless, the Biur Halachah (154:1, d.h. Rechovah) brings from the Ritva in Megillah (26a), that one should refrain from doing disgraceful acts there, as it is a place set aside for davening at certain times.
