[Avodah] There was no mechitzah at the Kotel

[Akiva Blum]

From: Harry Maryles [on Areivim -micha]
Sent: Thursday 06 January 2011 12:47 AM
 
> R' Micha just said something similar and to be honest, I'm not sure. Does a
> place that was never intended by it's builders to have Kedushas Beis
> HaKenesses just because a few people decide it should? I doubt that there
> was ever any consultation with all those who use the Kotel Plaza to vest it
> with Kedushas Beis heKeneses. The Kotel Plaza ia a public domain isn't it?
> Do I have the right to declare any place I wish in a public domain - a Shul?
> Can I plunk down an Aron Kodesh in Times Square and set up a Mechitza there
> just because a few people think it's a good idea?
 
> I have been told in the past that the authority oover the Kotel Plaza had
> been granted to certain people and that theyhave the right to declare what
> they want. Who said that the State of Israel can give away the rights of
> other citizens who may oppose a mechitza to those who support it?

The gemorah states (megilah 26a): The Chachomim say that the street has
no kedushah (and therefore may be sold). What is the reason that R'
Menachem bar Yossi (says it does have kedushah)? Because they daven there
on taaniyos and maamodos. And Rabonon say no, that is only temporary
(akrai bealma). Rashi: eino tadir.

So it follows that any place that the tzibbur uses permanently for
davening, automatically has the status of beis haknesess.

Akiva