In this week’s parsha we learn about the construction of the Mishkan, the construction that served Klal Yisroel during their journeys in the midbar [wilderness]. The commandment to construct a Mishkan uses the word Mikdash: ועשו לי מקדש ושכנתי בתוכם - “You shall build a Mikdash for Me, and I shall dwell among you” (Shemos 25:8). Rabbeinu Bechaye explains that the Mishkan is also termed Mikdash, as it becomes kodosh [sanctified] when the Shechinah comes down to rest In it. Alternatively, it is referred to as Mikdash, as it was fashioned according to the spiritual model of “Upper Mikdash.”
Unfortunately, today we have neither the Mishkan or the Beis HaMikdosh. The closest thing we have is the Kosel Ha’maaravi, the Western Wall that many thousands visit as the holiest place to the Jewish People. Since this is the closest thing we have, we will take this week’s opportunity to discuss various halachos related to the Kosel.
The Western Wall of the Beis HaMikdosh?
In discussing the Kosel Ha’maaravi, the first question we must answer is the nature of the wall: Is this the wall of the Beis HaMikdash itself, or is it a wall that stood at the boundary of Har HaBayis [Temple Mount]?
Some sources in Chazal indicate that the Wall was part of the Beis HaMikdash itself. Based on the pasuk:הנה זה עומד אחר כתלנו - “Behold, He stands behind our walls” (Shir Hashirim 2:9), Chazal teach (Bamidbar Rabbah 11:2; Shir Hashirim Rabbah 2:26): “[This means] behind the Western Wall of the Beis HaMikdosh. Why is this so? Because The Holy One Blessed He has taken an oath that it will never be destroyed.”
The Zohar (Shemos 5b) goes further, based on the same passage: “The Shechinah has never departed from the Western Wall of the Beis HaMikdosh, as the pasuk states, ‘Behold, it stands....’”. Furthermore, it says in Tanna D’Bei Eliyohu (Ch. 30): “Once more, Rabbi Nosson entered the Beis HaMikdash, and found it destroyed, yet one wall continued to stand. He exclaimed: What is the nature of this wall?”
These sources seem to indicate that the Western Wall, as we see and know today, is a remnant of the Beis HaMikdash itself.
Indeed, in light of these sources some poskim state that the Wall is a remnant of the Beis HaMikdash, the Western Wall of the azorah, where korbonos were offered. This is noted by the Shu”t Radvaz (vol. 2, no. 648, 691) and Chayei Adam (Shaarei Tzedek, Mishpetei Eretz, chap. 11, no. 8), and mentioned by several additional poskim. Indeed, when the Radvaz (see Teshuvas Radvaz 38) went to visit the Kosel Ha’maaravi for the first time, he was afraid to approach it.
Wall of Har HaBayis
Contrary to what is assumed to be the meaning of the previous quotes, the physical dimensions of the Wall suggest that it is not the wall of the Beis HaMikdash, but rather a wall that enclosed Har HaBayis. We will briefly describe its dimensions below.
The height of the Wall visible above ground is 19 meters, and includes 29 rows of stone. These were built over five different time periods:
1) The seven bottom rows date, according to most researchers, to the time of the Second Beis HaMikdash. Some date them back still earlier. Each one of the stones in this layer is approximately 1.05 meters tall. Together they reach a height of 8.75m.
2) Above this there are four rows of newer, smooth stones, which some date back to Arab times. Others claim they were added during the time of the second Beis HaMikdash. These stones total a height of 5.8m.
3) Above these eleven rows are another four rows (2.2m) of newer stone, dating back, according to some, to the Hadrianic era.
4) Another eleven rows of smaller stones were added later, perhaps in the times of Sultan Suleiman. Some claim that they were added by Moses Montefiori.
5) The top three courses were added in recent times (1924) by local Arabs.
All the dimensions above refer to the part of the Wall above ground. Most of the Wall, however, totaling an additional 21 meters, remains buried underground. The excavated parts include another 19 layers of ancient stone.
The Wall was originally 488 meters long, extending 81 meters to the right of the visible part, and 350 meters left. Most of this length is either built into Arab houses, or is underground and can be seen in the “Kosel Tunnels”.
These dimensions greatly exceed the length of wall of the Beis HaMikdosh (58 meters). Furthermore, the Wall stands on rock, whereas it is known that under the Beis HaMikdosh there were tunnels. A number of other proofs have led researchers to believe the Wall belongs to Har HaBayis, and not the Beis HaMikdosh itself.
This is stated as a simple fact by Kaftor VaFerach (Rav Ashtori HaParchi, chap. 6), and mentioned as “obvious” by Rav Yechiel Michel Tuchtchinsky (Ir Hakodesh Vehamikdash 4:2), who explains that other commentaries were misled by their understanding of the above statements of Chazal. This position is also affirmed by Avnei Nezer (Yoreh De’ah 450), Binyan Zion (1:2), Tzitz Eliezer (10:1), and others, see, at length, Yabia Omer (Vol. 5, Yoreh De’ah no. 27).
Levels of Defilement
First and foremost among practical ramifications of the Wall’s definition and status is the question of approaching the Wall in a state of tumah [ritual defilement].
The Mishnah (Keilim 1:6-9) delineates ten levels of spatial kedusha within the land of Eretz Yisroel, which is holier than all other lands. The first three levels are walled cities in Eretz Yisroel, which are holier than the rest of the land; Yerusholayim, which is holier than other walled cities; and then Har HaBayis, which is holier than Yerusholayim.
The sanctified areas in Yerusholayim - part of today’s Old City - correspond to the Israelite desert encampment (Tosefta, Keilim 1:10; Sifri, Naso 11; Rambam, Beis Habechirah 7:11). The encampment included three levels. The innermost area, which contained the Mishkan, was called the Machaneh Shechinah. Next was the Machaneh Leviyah, the encampment of the Levites. Most external was the Machaneh Yisroel, which is where the rest of the Jews camped.
After entry and settlement (kivush vechiluk) of Eretz Yisroel, the azarah, starting at Sha’ar Nikanor [the Nikanor Gate] in the east and including the Beis HaMikdash, was the Machaneh Shechinah; Har HaBayis was the Machaneh Leviyah, while the rest of Yerusholayim (based on its original parameters, which are different from today’s Old City) was the Machaneh Yisroel.
The pasukim in Bamidbar (5:2-4) that describe the laws pertaining to the desert encampment would seem to indicate that individuals with all types of tumah were barred from all three camps. However, Chazal explain (Sifri, Naso: 4; Pesachim 67a-68a; Rambam, Bias Mikdash 3:1-2) the specific rules:
Depending of the level of tumah, people in different conditions are excluded from each of these areas. On a Torah level, a metzorah (somebody afflicted with tzara’as) is excluded from Machaneh Yisroel, and cannot enter Yerusholayim at all. A tomei meis is barred from Machaneh Shechinah alone, but is permitted within Machaneh Leviyah—he can ascend to Har HaBayis, but cannot enter the azorah (see Tosefta, Keilim 1:7; Pesachim 67a; Sotah 20b).
Yet, because of the special stringency of a tomei meis entering the azorah and the Mikdash, which is punishable with kares (see Bamidbar 19:13,20; Rambam, Bias Mikdash 3:12-13), Chazal decreed that he may not approach the azorah, but must stop at the Cheil, which surrounded the perimeter of the Beis HaMikdash (see Aruch HaShulchan Ha’Asid 11:5). This is the same boundary that applied to non-Jews (Mishnah, Keilim 1:8).
An intermediary level of defilement is tumah hayotzei megufo (an impurity emanating from the body), which includes a niddah, yoledes, zav, zavah, and a ba’al keri. The latter, which is the most relevant form of tumah concerning the ascent to Har HaBayis, is noted by the Gemara (Pesachim 67b-68; Tamid 27b), though omitted by the Rambam (Beis HaBechirah 7:15; Bias Mikdash 3:3). Most meforshim explain that even the Rambam agrees that the ba’al keri is forbidden from entering Har HaBayis (see Mishnah Lemelech).
These types of tumah are removed by waiting the requisite period of time, immersing in a mikvah, and waiting for the sun to set (before sunset the person has the status of a tevul yom: he is permitted on Har HaBayis but cannot go to the Ezras Nashim (Rambam, Bias Mikdash 3:5-6; Beis HaBechirah 7:17)).
Distance from the Wall
Because of the concern that the Kosel Ha’maaravi might be a part of the Mikdash, the Radvaz, as noted above, was wary of approaching the Wall.
However, as many poskim conclude, the Wall is assumed to be part of the wall of Har HaBayis. Therefore, it is permitted to approach the Wall, even in a state of tumah. This conclusion is reached by Yabia Omer who writes: “It is clearly permitted to approach the Western Wall, even after an impure emission from the body. This is the common custom, and custom of Yisroel is Torah.” Rabbi Ovadia concludes that it is improper to be stringent on this matter.
In addition to approaching the Wall, many press notes into the Wall’s crevices, and touch the wall or finger its cracks. Even under the assumption that the Wall is the perimeter of Har HaBayis, there is a question as to the permissibility of this practice.
The Gemara (Zevachim 32b) teaches that a tomei person who stretches his hand into the inner sanctuary transgresses an issur de’O’raisa. The principle is that partial entry—even of a single limb—is considered full entry, and therefore prohibited (the Rambam, Bias Mikdash 3:18, sees this as an issur derabonon, while the Ra’avad maintains it is an issur de’O’raisa). This raises the question: Might placing one’s fingers into the cracks and crevices of the Wall be forbidden? Does the thickness of the Wall possess the same holiness as Har HaBayis that it once encircled?
This question has been discussed by Mishkenos Abir Yaakov (Rabbi Yehoshua Meschel Gelbstein, vol. 2, chap. 1, no. 1), who concludes that the practice is forbidden. He mentions that this was also the opinion of Rabbi Yehoshua Leib Diskin, who was shocked to hear of individuals who inserted cuttings of cloth between the stones of the Wall.
On the other hand, the Shu”t Avnei Nezer (Yoreh De’ah 450) writes that the wall of Har HaBayis has no inherent holiness. The Har HaBayis was sanctified by Beis Din walking within it, and since Beis Din did not walk on the wall itself, if follows that it was never sanctified. Based on this reasoning it is be permitted to insert one’s fingers into the crevices of the Wall, even when tomei.
A similarly lenient opinion is voiced by Rabbi Shlomah Zalman Auerbach in Minchas Shlomah (Vol. 3, no. 160). He writes (based on the Rambam’s ruling) that the prohibition of “partial entry” is derabonon, and Chazal never decreed the prohibition of partial entry on somebody who cannot make a full entry due to the wall that stands in his way. The Shu”t Minchas Elazar is moreover quoted (in Masa’os Yisroel, Yom Beis) as stating that the saintly Ohr HaChayim sent a note to be inserted into the Wall.
The Avnei Nezer suggests an interesting heter to allow inserting fingers into the Wall. The Gemara in Yoma (22b) discusses how they would do lots in the Beis HaMikdosh, the Gemara says that the kohen couldn’t count people as there is an issur. The Gemara says that what they did was, they stuck out the fingers. The question is, what did help to count fingers, in the end of the day people were still being counted? We see from here that fingers are not considered part of a person. The issur of bringing tumah into Machaneh Leviyah is on tumah that comes from the guf [body], since the finger is not considered part of the body there is no problem. However, in the end the Avnei Nezer retracts from this argument.
It is interesting to note that the Steipler is cited as having been particular not to place fingers in the crevices of the Wall. The Chazon Ish is also quoted as having taken a stringent position on this matter (Orchos Rabbeinu, vol. 1, p. 319).
Of course, the entire concern applies only to somebody who has not immersed himself in a mikvah since becoming tomei. The Steipler mentions that for men immersion on the same day may be sufficient to alleviate any cause for concern.
Deriving Benefit from the Wall
A final issue that warrants discussion is the matter of deriving benefit from the stones of the Wall. Is it permitted to sit in its shade, hang items on it or to enjoy its cool touch on a hot summer day?
Some poskim rule that there is no prohibition of deriving benefit from the Wall, because the original holiness of the Wall was profaned when it fell into enemy hands. The Gemara in Avodah Zarah (52b) presents a similar position concerning stones or coins of hekdesh that fell into the hands of the Greeks. This opinion is cited (by the Moadim U’Zemanim) in the name of Rabbi Yehoshua Leib Diskin (but he prohibited inserting one’s hand).
However, Rabbi Moshe Sternbuch (Moadim U’Zemanim 5:350) writes that this principle does not apply to a construction that is connected to the ground. He adds that even if the stones became profane, it is possible be that by returning to Jewish rule (after the Six Day War) the stones regained their original sanctity.
R’ Moshe (Igros Moshe, Yoreh De’ah 4:63) likewise writes that the stones of the Wall retain their sanctity. He explains that because a Divine oath promises that the Kosel will not be destroyed, it follows that the Wall has never truly fallen into enemy hands, and its holiness cannot be profaned. In addition, he explains that only items that were destroyed by the enemy or taken as loot were profaned. The stones of the Wall that remained unharmed were not.
Based on his ruling, Rav Moshe warns against taking small chippings of the Wall home as a souvenir. Aside from the issur de’O’raisa of meilah (deriving benefit from the Wall), R’ Moshe writes that this transgresses the issur de’O’raisa of: לא תעשון כן לה' אלקיכם – “You shall not do so to Hashem, your G-d.” The issur to destroy stones from the heichel, mizbayach and the azoros.
R’ Moshe then ends off with very harsh words at the idea that one could even think of doing such a thing. Such a person is very selfish. There are thousands of people who would pay large sums of money to receive such a thing, and everyone will start doing it, and there will be no Kosel left. Besides for the issurim involved, the fact that one could think of doing such a thing is unbelievable.
(Mostly taken from a halachah write-up written by R’ Yehoshua Pfeffer)
