Page 6 - HaMizrachi#11_2019_Tisha_B'Av_USA_Neat

Rabbi Hershel Schachter

Keriya Over

yerushalayim

ollowing the destruction of the Rav Soloveitchik was convinced that practice is that we do not do keriya
Temple, the Tanna’im instituted keriya over Yerushalayim bechurbana over Yerushalayim at this time, now
Fthree laws of keriya (tearing is a demonstration of mourning over that Yerushalayim is under Jewish
ones’ garments). One who sees the Beit the destruction of the Beit HaMik- sovereignty. We assume that when
HaMikdash in a state of churban, one dash. The uniqueness of Yerushalayim the Sages instituted the din of keriya
who sees Yerushalayim (the Old City), is that it was sanctified with a partial over the destruction of Yerushalayim,
and one who sees cities of Yehuda kedushat haMikdash. The sanctified it was to mourn the fact that it could
in such a state are all obligated to do areas in Yerushalayim correspond to no longer function as the capital of the
keriya (Mo’ed Kattan 26a). Regarding the Israelite desert encampment. The Jewish government. We do consider
the state of churban of the cities of azara (outer court of the Temple) was it halachically significant that, since
Yehuda, the Magen Avraham (Orach sanctified with a kedusha correspond- 1967, Yerushalayim can once again
Chaim 561:1) rules that one does ing to machane Shechina (the Divine serve as the capital city in a political
keriya even if the city is inhabited by Camp that contained the Mishkan), sense. The Jewish control of Yerusha-
Jews, as long as it is ruled by non-Jews. Har HaBayit with kedushat machane layim is a considerable cause for
The definition of churban in relation Leviya (the encampment of the Lev- celebration.
to cities of Yehuda is that these cities ites), and Yerushalayim with kedu-
are no longer under Jewish control. shat machane Yisrael (an area beyond Since there is a debate regarding
machane Leviya where the rest of the whether keriya should be performed,
Therefore, after the Six-Day War, we Jews encamped). Kedushat machane we do not tear our clothes. First,
no longer do keriya over the cities of Yisrael stems from kedushat machane there is a general rule that in a case of
Yehuda. Shechina, and that is why Yerusha- machloket in hilchot aveilut (laws of

In contrast, it seems obvious that in layim contains a lower level of kedu- mourning), the halacha is in accor-
regard to the din of bechurbano in shat haMikdash. dance with the lenient opinion. Keriya
relation to the Beit HaMikdash, the Therefore, when the Beit HaMikdash over Yerushalayim bechurbana would
determining factor is not whether the is in a state of destruction, even if the presumably be governed by this prin-
Temple Mount is under Jewish con- Old City is under Jewish sovereignty ciple since this keriya is an expres-
trol, but whether the Beit HaMikdash and Jewish presence in the city con- sion of aveilut. Second, whenever the
itself is in a state of destruction. Thus, tinues to increase, Yerushalayim is still mitzvah of keriya does not apply, the
we do keriya nowadays upon seeing halachically considered to be in a state act of keriya would be included in the
the makom haMikdash (location of of churban. Thus, the enactment of prohibition of bal tashchit (destroying
the Temple). keriya over Yerushalayim bechurbana usable items) (Pischei Teshuva, Yoreh

However, with regard to Yerushalayim still applies. De’ah 340:1). Therefore, keriya should
only be performed when there is a
bechurbana, it is unclear whether the Likewise, the Rav did not see fit to definite obligation to do so.
takanah (enactment) to do keriya celebrate Yom Yerushalayim with
depends on the political situation, the recitation of Hallel, because he This essay is taken from “Rav
under whose jurisdiction the city is, felt that the city remains in a state of Schachter on the Moadim”. 1
or on the state of the Beit HaMikdash. destruction if the Beit HaMikdash is
These possibilities correspond to the in such a state. In terms of Halacha,
two unique aspects that characterize nothing of significance occurred on 1 See B’Ikvei HaTzon, pp. 106-108; Nefesh
Yerushalayim – its status as the polit- the day of the city’s inclusion under HaRav, 1994 ed., pp. 78-79; Divrei HaRav,
ical capital of the Jewish government Jewish sovereignty. 2010 ed., pp. 175-176.
in Eretz Yisrael and its being endowed Rabbi Hershel Schachter is Rosh Yeshiva
with partial kedushat HaMikdash The Rav’s view is considered to be and Rosh Kollel at Rabbi Isaac Elchanan
(sanctity of the Temple). the minority opinion. The prevalent Theological Seminary of Yeshiva University

6 |