Feb 23, 2026

Har Habayit and Kotel according to Rabbanut laws

The recent edition of the monthly brouhaha at the Kotel with the "Women of the Wall" alongside the recent court statement enjoining the government to comply with its own decision from several years ago to establish the Ezrat Israel section by the Kotel area to be controlled by representatives from the Reform and Conservative movements have led the government to drastic measures.

Despite PM Netanyahu's opposition to this, the government is looking to pass a law that would require all behavior to comply with the orders of the Chief Rabbinate at the Holy Places in Israel, including the Kotel... this would disallow women from using Torah scrolls or laying tefilling and donning tallit at the Kotel, appropriate attire, among other behaviors we have seen and some have fought over. Netanyahu is pushing for them to drop the vote on this law proposal, but so far many of the ministers are saying they are going to push it forward despite Netanyahu's opposition to it.

MK Avi Maoz (Noam) has propsoed a law that will require compliance with the Chief Rabbinate's decrees or directives at the Holy Sites, including the Kotel. Maoz would have this be punishable by up to 7 years of prison for non-compliance.

One potential side effect of passage of this law would be Jews going to Har Habayit. The Chief Rabbinate has always been opposed to Jews going to Har Habayit and has issued directives against Jewish ascent. If the law passes and Jews go up anyway, we could see frum Jews being arrested for going to Har Habayit, and that is regardless of how they act up there or what they do (until now Jews could be and were detained on Har Habayit for visibly praying or doing other "provocative" things, though this has been lessened since Minister Ben Gvir took office as Minister of National Security).

I am not sure what the official legal status of Har Habayit is in Israeli law - I think it only has status as a holy site for Muslims, not as a Jewish holy site, so that might actually be its saving grace for Jews. If it is not a holy site it might not fall under the authrity of the Chief Rabbinate. Strange that it is not considered a holy site, but that is what I understand its status is...

As far as the Kotel, where does it begin and where does it end? Will the same rules apply to the Kotel Hakattan (it should)? What about the plaza leading to the Kotel? Can the women make their minyan in the plaza without threat of arrest? if people are dressed inappropriately in the plaza can they be arrested?

At the end of the day, I cant see it being a good thing to see people arrested for praying, for not wearing stockings (if the Rabbanut decides that is appropriate attire for a holy site) or for other such behaviors. Once the genie is out of the box, not sure it will be so easy to put back in, and while the goal is against the Reform from doing their things, it will quickly affect others as well... will this take away the right for Israel to express outrage when other countries ban prayer in certain places or ban circumcision unless done in certain ways?



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4 comments:

  1. This is the childish fighting that keeps Moshiach from coming.
    The Chareidim didn't want the WoW's around. The government gave them the WoW their own section away from the plaza. They didn't want that because no one would notice what they were doing and it's all about getting attention. So they continued to antagonize the Chareidim and now the Chareidim are pushing back to turn the plaza into a suburb of Kabul.
    For once Bibi is right. Just drop the issue and announce "You have an egalitarian section. Stay there and we'll all be fine."

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  2. Question is: How do you get the WOW to pray at their designated spot, the eqalitarian section?

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    Replies
    1. You have to have someone confront them publicly and call them out. "You're not here to pray to God because if you were, you'd use the spot you'd been given."

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  3. I'm no talmud chachom, but I believe a mechitza is only by a designated steady minyan, which has a special kedusha. That's why on Chol Hamoed trips and by Kevorim people make minyanim even if there are woman in the periphery.
    So that should only apply by the "Regular" Kosel. It wouldn't apply by the Kotel Hakattan, nor in Ezras Yisroel where the egalatarian minyan would be designated. As far as Orthodox is concerned, that's not a Makom tefillah, and so rules of a Shul need not apply halachacily.

    ReplyDelete

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