Follows is the conclusion of R’ David Golinkin’s responsum on the topic of managing fair access to the kotel (Western Wall). It seems balanced enough, though it does not address the legal issues that prompted this– whether it can or should actually be illegal to perform certain Jewish etc. practices in the Orthodox section of the Kotel.
His solution is essentially thus: If the Orthodox get free access to the kotel at all hours, so should the non-Orthodox, at their own section. If the Orthodox get equipment and prayer-related paraphernalia from the government, so should the non-Orthodox. But, if it is an arrestable offense to pray in a non-Orthodox manner in the Orthodox section, what legal enforcement will there be to protect the non-Orthodox section’s right to prayer as they see fit?
(Though this still doesn’t address that Women of the Wall is an Orthodox group)
IS THE ENTIRE KOTEL PLAZA REALLY A SYNAGOGUE?Volume 4, Issue No. 3, February 2010Rabbi Prof. David Golinkin….a. the lower area near the Kotel will continue to serve as an Orthodox synagogue not because it was before 1948 – it was not - but because it has been one since 1967 and it will be impossible to turn back the clock after 42 years;
b. the upper plaza should be turned over to the National Parks Authority or the City of Jerusalem either by a government decision or by changing the law. Item II above serves as a good precedent for this. The Chief Rabbinate and the Ministry of Religion tried to prevent the Antiquities Authority from excavating the areas south and southwest of the Temple Mount. These areas were then removed from their hegemony and the result was the incredible discoveries of Prof. Mazar and others in the area which is now the Davidson Archaeological Park. The same thing should be done now regarding the upper plaza at the Kotel. It must be turned over to a non-partisan government body before the Rabbi of the Kotel, who is Haredi, turns it into a Haredi synagogue.
c. Robinson’s Arch was designated by the government in 1999 as a synagogue/prayer area for Conservative and Reform Jews and for the Women at the Wall. This should now be reaffirmed or passed as a law by the Knesset. The government should also provide Torah scrolls, siddurim andtalitot and allow use of the area at all hours of the day without paying an entrance fee after 9:15 am.
If this plan is adopted, both Orthodox and non-Orthodox Jews will be able to continue to pray in their respective areas of the Kotel and the IDF and all Jews can continue to hold ceremonies and public events in the upper plaza of the Kotel.
In this way the Kotel can become a source of peace which unites the Jewish people as envisioned in our ancient sources (see Berakhot 30a and parallels).
David Golinkin
Jerusalem
19 Shevat 5770
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