Mark B. Kaplan
Here it is Tisha B'Av. The day Jews around the world mourn the destruction of the First and Second Temples,along with many other great tragedies that occuered on this day.
How is the Jewish State commemorating Tisha B'Av?
Israel is honring the Fallen Temples by giving us this headline:
Temple Mount Closed to Jews on Tisha B'Av
Is this legal?
No it is not. Well the headline is; the closure is not.
Here is the law directly taken from the Knesset web site.
There is no excuse under Israeli law for preventing Jews from peacefully ascending the Temple Mount. There is also no excuse from preventing Jews from offering the Korban Pesach (Passover Offering) or the twice daily Tamid (Perpetual Offering).
My point is not to start a halachic question about restoring these Korbanot without the Beit HaMikdash. There is plenty of information available online for those who are looking at both the halachic pros and cons .
What is important is that barring Jews out of fear the Arabs may violently object means the Jewish visitors must be protected from attacks; not punished.
We can no longer allow our galut syndrome to allow us to cower in fear from those that want to destroy us.
We have rights, and we have allowed them to be violated for too long.
How can the High Court rule there are political repercussions to consider?
Does a Jew saying Tehillim (Psalms) on the Temple Mount really cause political repercussions?
Jewish prayer is not threat to the peace.
Protection of Holy Places Law 5727 (1967)*
1. The Holy Places shall be protected from desecration and any other violation and from anything likely to violate the freedom of access of the members of the different religions to the places sacred to them or their feelings with regard to those places.
a. Whosoever desecrates or otherwise violates a Holy Place shall be liable to imprisonment for a term of seven years.
b. Whosoever does anything likely to violate the freedom of access of the members of the different religions to the places sacred to them or their feelings with regard to those places shall be liable to imprisonment for a term of five years.
3. This Law shall add to, and not derogate from, any other law.
4. The Minister of Religious Affairs is charged with the implementation of this Law, and he may, after consultation with, or upon the proposal of, representatives of the religions concerned and with the consent of the Minister of Justice make regulations as to any matter relating to such implementation.
5. This Law shall come into force on the date of its adoption by the Knesset.
SHNEUR ZALMAN SHAZAR
* Adopted by the Knesset on 27 June 1967.