                 When does the Pursuit of Justice
                       become an Absurdity?
                        December 4, 1992
                      by Gary M. Cooperberg

       Quite a number of years ago, when I was living in West Hempstead Long Island,
Rabbi Shalom Gold, who was then the Rabbi of the Young Israel of West Hempstead,
delivered a shiur on baba machteret explaining such concepts as "If one kills a thief who
breaks into his home in the middle of the night, it is as if he has not shed any blood."  
       While examining many of the ramifications of this concept, it was determined that it
is a natural impulse for one to defend his property whenever it is threatened.  The question
came up, "doesn't one's life and safety take precedence to his property?"
       To this Rabbi Gold provided a very illustrative and original parable:
       Supposing we had a halacha which stated that, "since life is more important than
property, when a thief comes to steal from you, rather than fight, give him what he wants."
       If this were the case consider the following.  Shimon is walking down the street and
sees a thief accosting Levy at knife point demanding that he hand over his watch.  Naturally,
Levy is putting up a fight.  Shimon the Tzaddik comes running to Levy's aid, only rather than
helping him to fight the thief, he is helping him fulfill the "halacha".   
       "What is wrong with you, Levy?!" scolds Shimon.  "Isn't your life more important
than a stupid old watch, no matter how many jewels?  Give the man your watch."  Shimon the
Tzaddik then proceeds to fight with Levy to take his watch away and give it to the thief!!!!!
       While this illustration was used very effectively by Rabbi Gold to show the
absurdity of the concept of "Land for Peace", this morning as I was davening at the Cave of
Machpelah, an incident occurred which brought this lesson vividly to mind.
       One month ago a Jewish soldier doing guard duty near the Machpelah building, was
gunned down in cold blood by an Arab. Immediately following that incident, the Jewish
worshippers of the vatiken minyan began to "violate" an army "halacha" which prohibits Jews
from praying with a minyan in the large hall of Isaac.  Every day, for over a month we held our
minyan, unchallenged and undisturbed by either Arab or soldier.  In fact soldiers often davened
with us and almost always patrolled the area.  
       This morning, Friday, November 27, a young officer realized that the army
"halacha" was being "violated".  There was no provocation of anyone by anyone, just a
realization by this officer that rules were being broken.  Rather than look around himself and
see that there was calm and a peaceful environment, he took it upon himself to disturb that
calm in the name of the law.  As the shaliach tzibur began to recite kaddish, the officer was
visibly upset and tried to get the fellow to stop!
       Here we have another "Shimon the Tzaddik".   Rather than answer "Amen", he
seeks to halt the prayers of a minyan!  Fortunately, despite the absurdity and tenseness of the
situation, the calm atmosphere prevailed as did the minyan.  The question that remains is "Will
the honor paid to the murdered soldier be allowed to continue, or will he be forgotten and
things return to "normal"?
Only time will tell.          For those who have been reading the Jewish Press over the years and remember
some of the difficulties I have encountered while simply trying to daven at the Cave of
Machpelah building in Hebron, you might be surprised to learn that each day still brings new
difficulties.
       To briefly summerize, from 1967, when the IDF liberated Judea and Samaria, Israeli
government policy has been to use this unexpected acquisition of Jewish Land as an
inducement for a peace treaty with Jordan.  In order to maintain this option, at least in our
minds, the government decided to maintain a status quo condition in these areas until a peace
treaty could be concluded.
       As part of this "status quo" condition, the Cave of Machpelah was handed over to
the Moslem religious council, leaving only the administration of security in the hands of the
IDF.  Needless to say, the Moslems were amazed.  In fact, the Molsems know, better than we
do, that ultimate control has always been in Jewish hands, and that the government is playing a
political game, the rules of which are entirely in its hands.
       Proof of this fact lies in the incongruity of the army's alleged enforcement of the
status quo, while, at the same time it has actually authorized very real changes in policy.  Had
there been a true staus quo, no Jews would ever have been permitted into the building.  But
the army met with the Moslem religious council and "suggested" setting up times for Jewish
prayer inside the building.  Of course the Moslem council readily "agreed" to the "suggestion"
and, from then on, the concept of status quo was a farce.
       When I first came to Hebron, over eleven years ago, it was forbidden for Jews to
pray inside the building on Fridays.  That rule changed very soon after I arrived.  When I
began to come to pray there I learned that the only large enclosed hall, the "Hall of Isaac" had
been forbidden to Jewish prayer.  Only a short time before I moved to Kiryat Arba, an
"exception" had been made to permit Jews to pray there on Shabbat and Yom Tov owing to
the large numbers of Jews who came on those days.  It is because of this fact that I made
history in this room, as my son, having been born on Shabbat, had the first brit mila ever in the
"Hall of Isaac", a mitzvah which, to this very day can only be performed there on Shabbat or
Yom Tov.
       Soon after that blessed occasion, I made it my habit to daven with the vatiken
minyan at dawn every day at the very spot where my son's brit had taken place.  The problem
was that the Arabs really didn't want Jews praying there.  The army, cleverly seeking to avoid
conflicts, ruled that Jews could pray in the Hall of Isaac only as individuals, not as a minyan. 
The obvious reasoning was that, not being able to pray with a minyan, the Jews would
"choose" not to pray in that room.  
       For the most part the ruse did work.  Then I came on the scene and, while not
breaking any law, created embarassing problems.  The minyan davened in a small adjoining
room, called the "Hall of Abraham".  I set up a chair outside that room in the Hall of Isaac at
the spot where my son's brit had taken place.  The army decided to make it more difficult for
me by ordering the doors between the two rooms closed.  Not only did I not give in, but I
began reciting my prayers, except for the amida, in a very loud voice.  Today there is not one
Moselm there who doesn't know "Shma Yisrael" by heart.