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    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.