03 Nov PARSHAS CHAYEI SARAH DAVENING IN ME’ARAS HAMACHPELAH OR IN A MOSQUE
And afterwards
Avraham buried his
wife Sarah in the
Cave of Machpelah
facing Mamre, which
is Chevron in the land
of Canaan.
~ Bereishis 23:19
On special occasions, such as the week of
Parshas Chayei Sarah, parts of Me’aras
HaMachpelah, including Kever Yitzchak
Avinu, which are used by Muslims during the
rest of the year, are opened to the Jewish
community. While it may be exciting to enter
these areas that are usually off-limits, is it
permitted to daven there, since the rest of the
year it serves as a mosque? To address this
question, we must clarify the status of Islam in
halacha, as well as whether it is permitted to
daven in an area that is a place of worship for
another religion. This issue is discussed at
length by Rav Shmuel Rabinovitch (Shaarei
Tziyon 2:29), the Rav of the Kotel.
Avoiding Even the Appearance of
Worshiping Avodah Zarah
The Mishna in Avodah Zarah (11b) teaches:
A city that has idol worship within it is
forbidden to enter, but if the idol worship is
outside the city, it is permitted to enter. What
is the ruling regarding traveling there? If the
road is specifically designated for that place, it
is forbidden. However, if one can travel on it
to another place, it is permitted.
The Gemara explains that the basic rationale
behind the Mishna is that it is forbidden to do
anything that could lead another to mistakenly
think he is engaging in avodah zarah activity.
Similarly, the Gemara also cites a beraisa that
prohibits bending down in front of an idol to
remove a thorn or to pick up his money that
fell, because it gives the impression that he is
bowing to the idol.
Based on this, the Rambam (Peirush
HaMishna) writes that one is prohibited to
enter a city that contains a house of idolatry,
and is certainly forbidden to live there.
However, since nowadays Jews live in galus
and are scattered among pagans, we have no
choice but to live in such places. Still, the
Rambam writes, it is certainly forbidden to
enter into a beis avodah zarah or even to look
at such a place.
Tosafos (Avodah Zarah 17b s.v. Neizil),
commenting on the Gemara’s statement that it
is better to travel on a path that leads past a
house of ill repute than to travel past a house
of idolatry, echoes the Rambam’s sentiments,
adding that one should distance himself as
much as possible from such a place.
The Rashba (Avodah Zarah 12a s.v. B’Zman)
adds that even if one lives in a city with
avodah zarah, it is forbidden to walk on a
street where the avodah zarah will be
displayed, such as on a public holiday, unless
that street also provides access to permitted
venues. Otherwise, it looks like he is traveling
to get to the avodah zarah. It is certainly
forbidden to enter even the courtyard of a beis
avodah zarah or to converse with one of the
idolaters there, as it could lead others to think
that he too is worshiping the avodah zarah.
The Rashba adds that such activities are
forbidden even for the sake of pikuach nefesh.
Following the Rashba, the Tur (Y.D. 149),
writes that it is forbidden to enter a beis
avodah zarah even for pikuach nefesh. The
Ritva (11b s.v. Masnisin), though, qualifies
this ruling, stating that it only applies if the
only reason idolaters enter the place in
question is to worship the avodah zarah.
However, if they sometimes enter for other
reasons, such as for communal affairs or to
take a shortcut, it would be permitted to go
inside, since others will assume that he is
entering for those permitted activities.
The Status of Islam
The Rambam famously writes (Hilchos
Ma’achalos Asuros 11:7) that it is forbidden to
drink the wine of non-Jews who are not
idolaters, such as “these Yishmaelim,” but it is
permissible to benefit from it. The Rambam
maintained that the Arabs with whom he was
used to dealing, i.e. Muslims, are not
considered ovdei avadah zarah, and therefore
it is permissible to benefit from, if not drink,
their wine. He elaborates on this point in his
Teshuvos (448), and writes that although they
err in other ways, Muslims do believe in the
one true G-d. He adds that although they may
worship in ancestral locations that were once
batei avodah zarah, they do not have avodah
zarah-based intentions in their prayers. This is
also the opinion of the Rashba (Toras HaBayis
130b), among other rishonim, that Islam is not
avodah zarah.
However, Sefer HaEshkol (3:58) cites a
teshuvah from the Geonim that Muslims are
indeed considered to be practicing avodah
zarah, based on the Gemara (Avodah Zarah
11b) that states that one of the remaining batei
avodah zarah is in Arabia. The Meiri (Avodah
Zarah 57) and Ran (Chiddushim, Sanhedrin
61b) cite this source as well, and the Ran
explains further that even though Muslims
don’t worship their prophet, they still bow and
pray to his image, which is similar to real
idolatry.
Entering a mosque would depend on this
fundamental machlokes. According to the
Rambam, who does not consider Islam to be
avodah zarah, it would be permitted. However,
according to the Ran, who does consider Islam
to be avodah zarah, it would be forbidden.
Since we accept the Rambam’s opinion, there
should not be an issue. In fact, both Rav
Elyashiv (cited in Shu”t Avnei Yishpeh 1:153)
and Rav Ovadiah Yosef (Yabia Omer vol. 7
Y.D. 12) rule this way.
However, Rav Chaim Palagi (Chaim B’Yad
26) writes that while Islam may not be
considered avodah zarah, mosques are still
regarded as places of tumah from our
perspective, and for a Jew to practice Islam
would be seen as turning away from Hashem.
Therefore, we would be obligated to give up
our lives rather than convert to Islam, since it
is still a foreign religion to the Jewish people.
Thus, Rav Palagi writes that it is absolutely
forbidden to daven in a mosque, since the
concern of the Gemara that we cannot give the
appearance of participating in another form of
worship applies as much to Islam as it does to
Christianity. He further rules that we must
maintain a distance of at least four amos from
the entrance of a mosque, just as we would
from a church.
The Opinions of Contemporary Poskim
Rav Rabinovitch himself initially hesitates to
permit entering and davening in the area of
Kever Yitzchak Avinu, since the structure was
built by the Muslims as a mosque and is
generally used for this purpose. He is
concerned for both the opinion of the Ran that
Islam is avodah zarah as well as Rav Palagi
that even if it is not avodah zarah, it is still
forbidden to enter and daven in a mosque.
However, the areas that are used regularly for
tefillah on behalf of the Jewish people should
be permissible to daven in. However, Rav
Rabinovitch questions this as well, since the
Gemara (Avodah Zarah 53b) and the Shulchan
Aruch rule (Y.D. 146:10) that if non-Jews
abandoned a beis avodah zarah due to war
(and never nullified its status), the area retains
its status as a beis avodah zarah. Since even
the Jewish areas were previously used by
Muslims for prayer, perhaps even these areas
are problematic.
Rav Rabinovitch quotes a sevara from the
Mishnas Chanoch (69) that since Muslims
built the structure to honor the Avos it doesn’t
have a negative status associated with it, but
he rejects this argument because the fact
remains that the area was built by Muslims as
a mosque.
The Tzitz Eliezer (10:1:44) writes that it is
forbidden to daven in any area of Me’aras
HaMachpelah that is filled with Muslim
books, or has Muslim symbols on the wall,
even if we do not consider it to be an actual
beis avodah zarah. The Klausenberger Rebbe
(Shu”t Divrei Yatziv O.C. 90, Y.D. 40) also
writes that it is forbidden to daven there.
However, Sefer Oraisa (19, p. 317) states that
the Klausenberger Rebbe paskened this way
immediately following the Six Day War, when
the Jews and Muslims prayed together in the
same area. Nowadays, when they each have
their own designated places, he would rule
that it is permitted.
However, Rav Ovadiah Yosef argues that
Islam is definitely not considered avodah
zarah, and suggests that had the Ran heard all
the Rambam’s arguments, he too would have
admitted that this is the case. He therefore
rules that it is absolutely permitted to daven in
any area set aside as a beis haknesses in
Me’aras HaMachpelah. This is also considered
to be the opinion of Rav Yosef Shalom
Elyashiv.
Rav Moshe Sternbuch (Teshuvos V’Hanhagos
4:35) writes that although it is distasteful to
enter a mosque, it is technically permissible,
and is therefore not problematic to enter and
daven in Me’aras HaMachpelah. It is also
known that Rav Shlomo Zalman Auerbach
davened there himself. Based on all these
poskim, Rav Rabinovitch ultimately rules that
it is permissible to enter into and daven in the
entire Me’aras HaMachpelah, including
Kever Yitzchak. Although we do not allow
political considerations to dictate halacha, we
should also consider the perceptions of our
actions. Refraining from davening at Me’aras
HaMachpelah would give the incorrect
impression that we do not consider it
important, which could have negative
consequences in future discussions about
Jewish control over these areas. Therefore,
there is another argument to avoid the
stringencies of the minority opinions, and
instead to follow the majority of poskim. This
gives us a great opportunity to daven at the
burial site of our Avos hakedoshim and,
b’ezras Hashem, be meivi geulah livnei
bineihem.