Kotel Conflict 2021

19 July, 2021

On Tisha B’Av 2021, the day in the Jewish calendar that commemorates the destruction of both Temples in Jerusalem, a group of Orthodox protestors disrupted prayer services being conducted by non-Orthodox worshippers at the site dedicated for egalitarian prayer at the Western Wall (the Kotel) – Judaism’s holiest site. During the disturbances, Orthodox protestors attempted to create a forced separation between male and female worshippers, while yelling, cursing and interrupting the egalitarian prayer service. The protestors were widely criticized by Israel’s leaders, including President Isaac Herzog, Foreign Minister Yair Lapid and Diaspora Affairs Minister Nahman Shai.

Background

 The Kotel has been a site for Jewish prayer for hundreds of years, and is considered the holiest site in Judaism, after the Temple Mount itself.  Traditionally, worshippers who frequented the site followed Orthodox rites, but no permanent separation between men and women was established until after 1967, when the Kotel came under Israeli sovereignty following the Six Day War.  The Western Wall Heritage Foundation, controlled by Orthodox bodies and today led by an Orthodox rabbi, was granted control over the entire Kotel precinct, and has jurisdiction to create rules and establish infrastructure in the area.  Over the years, the Foundation has ensured that only Orthodox prayer services are permitted in the area, and has created many rules to enforce that goal. These rules include bans on women wearing a tallit or tfillin, women carrying a Torah Scroll, women using a microphone, and holding either mixed (or women-only) organized prayer services.  The Foundation, and many Orthodox Jews, have argued that these rules maintain the traditions and customs of the site, and serve the vast majority of worshippers at the Kotel, including hundreds who pray there every day, who are almost exclusively Orthodox.

Opposing the Orthodox Monopoly

 However, as non-Orthodox streams of Judaism began to grow in Israel, many became frustrated by the monopoly that Orthodox groups held at the site.  Similarly, non-Orthodox Jews from around the world were left feeling out of place when they visited Israel and the Kotel, and were essentially banned from practicing their own form of Judaism, at their holiest site.  Many were astounded to understand that they were restricted from practicing Judaism as they wanted to, in, of all places, the Jewish state.  In 1988 a multi-denominational group known as the Women of the Wall began holding regular egalitarian services at the Kotel, often in defiance of the rules governing the area.  Over many years, a series of Supreme Court decisions, government enquiries, and attempts at Knesset legislation have gone back and forth, at times expanding the rights of non-Orthodox prayer, and at other times further restricting it.  For many years, Women of the Wall have held large egalitarian services at the Kotel each Rosh Chodesh (marking the new Jewish month). These services have often resulted in scuffles with Orthodox protestors, as well as arrests on both sides.

1

Robinson’s Arch

 In a 2003 decision, the Supreme Court proposed the establishment of an area dedicated to non-Orthodox prayer at an area known as Robinson’s Arch.  Robinson’s Arch’s is historically and religiously part of the Kotel, but is cut off from the main Western Wall plaza by a large bridge used by those ascending to the Temple Mount. The area was also difficult to access and served mainly as an archeological site. There was no infrastructure for prayer services. In addition, the entrance to the area is not located in the main Kotel area, and the site does not have the “feel” of being part of the Kotel.

“Ezrat Yisrael”

 As pressure from global Jewry increased to find a fair solution, in 2012, then Israeli Prime Minister Benjamin Netanyahu tasked then-Jewish Agency Chair Natan Sharansky to convene discussions with all parties to find a compromise on the issue.  Sharansky indicated early on that he saw the best solution as building a permanent structure at Robinson’s Arch that would satisfy all sides.  While discussions continued, then-Jerusalem Affairs Minister Naftali Bennett ordered a prayer platform be built at Robinson’s Arch to provide some immediate relief.  The new, small platform, known as Ezrat Yisrael, would be dedicated to non-Orthodox prayer service, and is currently administered by the Conservative (Masorti) Movement in Israel. The platform provides considerably greater accessibility to the site, but leaves numerous challenges in place. Disabled access to the platform is problematic, and the entrance to the area is not within the traditional Kotel Plaza, meaning that Ezrat Yisrael still feels “disconnected” from the rest of the Kotel.

The Kotel Compromise

 Sharansky led a process of intense negotiations on a compromise deal, where The Jewish Federations of North America played a leading role. JFNA representatives formed part of the team tackling the problem, and often served as a bridge between different parties who did not always communicate directly.  Taking part (sometimes indirectly) in the negotiations alongside JFNA and the Reform and Conservative movements in Israel, were the Israeli government, the Jewish Agency for Israel, Women of the Wall, Israeli political parties, and the (ultra-Orthodox) Chief Rabbi of the Western Wall.  At the end of the process, a deal emerged that would see the Robinson’s Arch area turned into a permanent structure for non-Orthodox prayer whose entrance would be located after the security barrier for the main Kotel plaza. The area would be administered by a board chaired by the Jewish Agency and also comprising of the non- Orthodox streams.  In a historic move, all sides agreed to the compromise, which was adopted as a government resolution in 2016. (Fuller details of the agreement can be seen in this article as well as here).  However, following an outcry over the deal in the ultra-Orthodox media, haredi politicians back-tracked their support for the deal, and convinced the government to freeze its implementation.  It has been reported in the media that the new government, sworn in during July 2021, is committed to unfreezing and implementing the deal, and a number of ministers have publicly backed doing so. See here for further details.  While political machinations have continued since 2017, the Ezrat Yisrael platform continues to operate as a site – if somewhat imperfect – for non-Orthodox prayer services. During 2020-21, with significantly fewer visitors to Israel from abroad due to the COVID pandemic, the platform has seen less use than normal, and a number of Orthodox groups have begun praying at the site, and in doing so, have attempted to establish an Orthodox presence there.

2

Tisha B’Av 2021

 On Saturday night, July 17, 2021, a non-Orthodox group of worshipers came to Ezrat Yisrael for a prayer service to mark Tisha B’Av, the saddest day in the Jewish calendar.  Shortly after prayers began, a large group from an organization calling itself the Joint Committee for Preserving the Holiness of the Western Wall entered the area and began to set up a “mechitza” (a physical separation between men and women). Members of the group, mainly teenagers, also began to yell and hurl insults at the non-Orthodox group, severely interrupting their prayer service.  Following the incident, President Isaac Herzog said that he was very saddened to see what had occurred at the plaza. “There is no reason to interrupt prayers at that plaza,” he said.  Foreign Minister Yair Lapid said, “On the day we commemorate the destruction of the Temple, a group of extremists decided to desecrate the holiness of the day and the holiness of the place and start a violent struggle at the Kotel. That’s the baseless hatred that led to the destruction of the Temple and our exile.”  See more on the incident here and here.  The Modern Orthodox Rabbi Yuval Cherlow, a prominent spiritual leader of the Israeli “National Religious” movement has changed his position on the Kotel Compromise as a result of recent unrest at the site. Rabbi Cherlow was originally opposed to the Compromise, but following the events of Tisha B’Av has said that for the sake of unity, he now believes it is the best way forward.  Diaspora Affairs Minister Nachman Shai said that it was wrong to increase “wickedness and hatred” on Tisha Be’av. “We have not learned anything from history, and I am angry and disappointed about that. There is no reason why a group that is trying with full force to steal from what little the Reform and Conservative movements have should receive their little part of the southern section of the Western Wall.” (See below for the full press release from the Ministry of Diaspora Affairs).  In reaction to the incident, Blue and White MK Alon Tal, himself a member of an Israeli Conservative (Masorti) congregation, submitted a bill to the Knesset that would make the Kotel Compromise law. See here.

 JFNA has issued a statement on the Tisha B’Av protest that can be seen here.  JFNA’s iRep — the Israel Religious Expression Platform — offers Federations a platform to work together to influence a range of issues to promote meaningful change to the religion-state status quo and advance religious freedom. iRep supports grassroots Israeli-based organizations and Reform, Conservative, and Modern Orthodox programs that tackle critical topics, such as expanding the range of marriage options, backing egalitarian prayer at the Western Wall, and encouraging equal status of open conversion initiatives.  iRep’s Giving Guide can be seen here.

As always, JFNA’s Israel office is keeping a close watch on developments and will update Federations as needed.

For more information, please contact JFNA’s Dani Wassner, Director of Communications and Government Relations in Israel. Sources: The Israel Democracy Institute, The Jerusalem Post, i24 News, Walla!, Kan Israel Radio, Galei Tzahal Radio, The Times of Israel, Ha’aretz, Ministry of Diaspora Affairs

(See Press release on next page).

3

Press Release: Diaspora Minister Nachman Shai responds to events at the Western Wall on Tisha B’Av

(Jerusalem) – Following recent events at the egalitarian section of the Western Wall, Diaspora Affairs Minister Nachman Shai condemned the provocations and called for immediate action by the Israeli Government. “Recent events are further proof of the urgent need to reach long-lasting solutions at the Western Wall. I plan to spearhead the Government of Israel’s efforts to return to the previously agreed-upon compromise and guarantee the right of every individual to worship as they so choose.”

Minister Nachman Shai has met multiple times with the leadership of the Orthodox, Conservative and Orthodox movements since entering office. In addition to discussing their various needs and challenges, Minister Shai has been consulting with leadership in Israel and across the Jewish world on an ongoing basis regarding how to best implement a compromise for the Western Wall.

As tension increased in recent days between religious nationalist groups and members of the Reform and Conservative communities in Israel, Minister Shai spoke with Police Commissioner Yitzhak ‘Kobi’ Shabtai and the rabbi of the Western Wall to ensure that religious freedom and safety is upheld for all.

Dr. Nachman Shai: “The attempts by various groups and factions to undermine the religious liberties at the southern section of the Western Wall are shameful and meant only to cause provocation. Especially on Tisha B’Av, this divisive action shows that we have not learned from our past. I say this with the heaviest of heart. To all those critics and detractors, I would like to take this opportunity to quote from the State of Israel’s Declaration of Independence: ‘The State of Israel will ensure complete equality of social and political rights to all its inhabitants irrespective of religion, race or sex. It will guarantee freedom of religion […] and safeguard the Holy Places of all religions.’ It is our duty to implement this text in thought and action.”

4