The Legalities of Destruction
One who smashes a single stone of the Altar or the Temple
or the Temple courtyard in a destructive manner [violates
a biblical prohibition], as it is written,[1]
"You shall smash their altars.... You shall not do the
same to the L-rd your G-d."
Mishneh Torah, Laws of the Holy Temple 1:17
"G-d's way is not like the way of flesh and blood,"
the Midrash assures us. "The way of flesh and blood is
that he instructs others to do, but does not do so himself;
with G-d, however, what He Himself does, that is what He tells
Israel to do and observe."[2]
The laws which He decreed should govern our lives also delineate
His own "conduct" in relating to His creation.
But each year, on the 9th day of the month of Av, we mourn
an act of G-d that was not only tragic but seemingly illegal
as well-a divine act which, at first glance, seems a violation
of halachah, the laws He set down in His Torah.
On that day, in the year 3338 from creation (423 BCE), the
Holy Temple in Jerusalem was destroyed.[3] The actual burning of the Temple
was done by the armies of Babylonian emperor Nebuchadnezzar,
but G-d takes full responsibility for the deed. In the years
before the destruction, the Almighty had warned: "Behold,
I shall dispatch the nations of the north ... and Nebuchadnezzar,
king of Babylonia, My servant, and I shall bring them upon
this land and its inhabitants..." "I shall deliver
this city in the hands of the king of Babylonia...."
"I shall do to the House upon which My name is called
... what I have done to Shiloh."[4]
G-d's destruction of the Holy Temple seems a violation of
two halachic prohibitions. The first is lo tashchit,[5]
the prohibition to destroy anything of value. The source of
this law is Deuteronomy 20:19, where the Torah prohibits the
cutting down of a fruit tree in the course of war; halachah
interprets this as a prohibition against all wanton destruction:
One who breaks vessels, tears clothes, demolishes a building,
stops a spring, or disposes of food in a ruinous manner, transgresses
the prohibition of lo tashchit.[6]
Regarding the Holy Temple, there is an additional law that
would seem to proscribe G-d's devastation of His home. In
Deuteronomy 12:2-4 we read:
Destroy all the places in which the nations [of Canaan] served
their gods.... Tear down their altars, break their monuments,
burn their asheirah trees and smash their idols.... You shall
not do the same to the L-rd your G-d.
From this, the halachic codifiers derive that it is a biblical
prohibition to "smash a single stone of the Altar or
the Temple or the Temple courtyard in a destructive manner
... as it says, '...You shall not do so to the L-rd your G-d.'"[7]
How, then, could G-d destroy the Holy Temple, without transgressing
laws which He has commanded and to which He has committed
Himself?
Constructive Mayhem
The legality of G-d's action, at least in regard to the law
of lo tashchit, can be explained on the basis of another
law, this from the laws of Shabbat.
There are 39 categories of "work" forbidden on
Shabbat. A basic halachic definition of "work"
is that it must be a constructive deed. Thus, while the list
of 39 forbidden labors includes categories such as "demolishing"
and "tearing," these are strictly of the constructive
sort, such as breaking down a wall in order to renovate a
building or tearing a seam in order to make alterations to
a garment: one who destructively rips or demolishes has not
violated the prohibition to do work on Shabbat.[8] Nevertheless, the law is that "one who tears
something apart out of rage, or [grief] over the death [of
a loved one], violates the Shabbat, for he is soothed by this
and his temper is relaxed. Since his rage is abated by this
[act], it is considered a constructive deed."[9]
In other words, an act of destruction that is done toward
a constructive end is halachically defined as a constructive,
not a destructive, act.
The same could be said of G-d's destruction of the Holy Temple.
Noting that Psalm 79-which describes how "alien nations
have entered Your estate, they have defiled Your Holy Temple,
they have laid Jerusalem in ruins" - carries the caption
"A song to Asaf," the Midrash asks:
Should not the verse have said, "A weeping to Asaf,"
"A wail to Asaf," "A lament to Asaf"?
Why does it say "A song to Asaf"?
But this is analogous to a king who built a nuptial home
for his son, and had it beautifully plastered, inlaid and
decorated. Then this son strayed off to an evil life. So the
king came to the nuptial canopy, tore down the tapestries
and broke the rails; upon which the prince's tutor took a
flute and began to play. Those who saw him asked: "The
king is overturning the nuptial canopy of his son, and you
sit and sing?" Said he to them: "I am singing because
the king overturned his son's nuptial canopy, and did not
vent his wrath upon his son."
So, too, was asked of Asaf: "G-d destroyed the Temple
and Sanctuary, and you sit and sing?" Replied he: "I
am singing because G-d vented His wrath upon wood and stone,
and did not vent his wrath upon Israel."[10]
The destruction of the Temple, then, was a constructive deed.
Our sins had threatened our relationship with the Almighty;
by "venting His wrath" upon the wood and stone of
the Temple, G-d deflected the damage to the physical "nuptial
home" of the relationship, preserving the integrity of
the relationship itself.
This, however, still does not explains why G-d's destruction
of the Temple did not violate the second halachic prohibition
discussed above - the prohibition to destroy "even a
single stone" of the Holy Temple. The fact that the Temple's
destruction is a means toward a worthy end would not mitigate
this prohibition, which specifically forbids inflicting damage
on the Temple, even with a constructive purpose in mind.
Unless the destruction of the Temple were to somehow be constructive
to the Temple itself. As quoted above from Maimonides' Mishneh
Torah, the prohibition is to demolish any part of the Temple
"in a destructive manner"; "To demolish in
order to improve," explain the commentaries, "is
obviously permitted."[11]
Indeed, the Talmud relates how the sages advised and encouraged
Herod to demolish the Holy Temple in order to rebuild it in
greater splendor.[12]
In other words, while it is forbidden to demolish any part
of the Holy Temple even for a constructive purpose, it is
permitted to do so for the Temple's betterment.
This distinction can also be seen in the manner in which
this law is applied to the "minor sanctuary" of
today, the synagogue, which has assumed the Temple's role
of housing the Jew's service of his Creator. It is forbidden
to demolish a synagogue, or any part thereof, even for a most
positive and G-dly purpose - unless the purpose is to rebuild
or improve the synagogue itself, in which case "the demolition
is itself an act of building."[13]
And so it was with G-d's destruction of the Temple - the
demolition was itself an act of building. The first two Temples
were edifices built by human hands, and thus subject to the
mortality of everything human.[14]
G-d came to dwell in the work of man; but the work of man
can be corrupted by the deeds of man, driving the divine presence
from its earthly abode.
The two mortal Temples were destroyed in order that the eternal
Third Temple could be built.[15] Indeed, the Temple was originally
designed to be a divinely constructed edifice-Moses described
it as "The base for Your dwelling that You, G-d, have
made; the Sanctuary, O L-rd, that Your hands have established."[16]
If this was preceded by the Temples built by Solomon and Ezra,
these were but stages in the construction of the Third Temple,
the divine edifice which shall descend from heaven with the
advent of Moshiach, speedily in our day.
Sighting the End
The law that allows tearing down a house of worship in order
to rebuild it is most stringent: the new building must be
superior (in size, beauty, etc.) to the one being torn down;[17] if the circumstances are such
that the old building must be demolished before the new one
is built, the new building's construction must begin immediately
and must be pursued "day and night, lest difficulties
arise that will cause it to remain desolate-even for a time."[18]
The Talmud relates that when the deteriorating synagogue in
the city of Mata Mechassia had to be torn down, Rav Ashi "moved
his bed" into the construction site and did not leave
the site "until the gutter-pipes were affixed."[19]
In keeping with this law, G-d began His reconstruction of
the Temple immediately upon its destruction. As the Talmud
relates:
On the day that the Holy Temple was destroyed, a Jew was
plowing his field when his cow suddenly called out. An Arab
was passing by and heard the lowing of the cow. Said the Arab
to the Jew: "Son of Judah! Unyoke your cow, free the
stake of your plow, for your Holy Temple has now been destroyed."
The cow then lowed a second time. Said the Arab to the Jew:
"Son of Judah! Yoke your cow, reset the stake of your
plow, for the Redeemer has now been born...."
Said Rabbi Bon: "Do we need to learn this from an Arab?
The Torah itself says so. The verse predicts, "And the
Lebanon[20]
shall be felled by the mighty one."[21] And what is written in the very
next verse? "There[22]
shall come forth a shoot from the stem of Yishai."[23]
As the Temple ruins lay smoldering, the process of rebuilding
was already underway. Moshiach, the divine emissary empowered
to bring redemption to the world and the eternal Sanctuary
to Jerusalem, was born on the Ninth of Av.[24]
This explains a curious phenomenon in the history of our
exile: many of our sages-including such prodigious figures
as Rabbi Shimon bar Yochai, Rabbi Saadiah Gaon, Maimonides,
Nachmanides, Rabbeinu Bechayei and Rabbi Schneur Zalman of
Liadi-predicted various dates for the revelation of Moshiach
and the rebuilding of the Holy Temple, despite the Talmud's
admonishment against those who "calculate deadlines"
for the Redemption.[25]
For these great visionaries had a view of history that penetrated
beyond the surface mayhem of the Destruction. They understood
that G-d could not have destroyed the Temple if the very moment
of the destruction was not also the moment which commenced
its reconstruction in its greater, eternal form. They understood
that galut is not a "void" or "hiatus"
in G-d's presence in our world, but an integral part of the
process of redemption. To them, the 9th of Av was, above all,
the birthday of Moshiach.
They saw, beneath the surface reality of galut, the
eternal home of G-d rising from the rubble. They saw the opportunity,
which has existed from the day of the Temple's destruction,
growing more realizable with each passing generation. Seize
the moment, they urged us, the climax of history is in ready
reach.
Based on an address by the Rebbe, Shabbat Devarim 5740
(July 19, 1980)[26]
Adapted from the teachings of the Rebbe by Yanki Tauber
[2] Midrash Rabbah, Shemot 30:6.
[3] The Second Temple was destroyed by the Romans on the very same
date 490 years later.
[4] Jeremiah 25:9, 32:3 and 7:14. (The Sanctuary at Shiloh, which
served as the central house of worship prior to the Temple's
construction, was also destroyed in punishment for Israel's
sins.)
[6] Mishneh Torah, Laws of Kings 6:10; Shulchan Aruch HaRav, Laws
of Bal Tashchit 14; see Talmudic Encyclopedia, s.v. Bal
Tashchit.
[7] Mishneh Torah, Laws of the Holy Temple 1:17.
[8] Ibid., Laws of Shabbat 1:17.
[10] Midrash Rabbah on Lamentations 4:15, where Jeremiah
proclaims: "G-d has spent His wrath, He has poured
out His fury; He set fire to Zion and consumed its foundations."
[11] Kessef Mishneh on Mishneh Torah, Laws of the Holy
Temple loc. cit.
[12] Talmud, Bava Batra 4a.
[13] Mordechai on Talmud, Megillah, section 826; Shulchan
Aruch and Rama, Orach Chaim 152; responsa Tzemach Tzedek,
Orach Chaim 20; responsa Torat Chessed, Orach Chaim 4.
[14] Zohar, part III, 221a.
[15] In the words of the Midrash, "The lion came,
under the constellation of the Lion, and destroyed the Lion
of G-d, in order that the Lion shall come, under the constellation
of the Lion, and build the Lion of G-d." (Meaning:
"'The lion came' - this is Nebuchadnezzar, of whom
it is written, 'The lion has come up from his thicket' (Jeremiah
4:7); 'under the constellation of the Lion' - [as it says,]
'Until the exile of Jerusalem in the fifth month' (Jeremiah
1:3; i.e. the month of Av, which falls under the constellation
Leo); 'and destroyed the Lion of G-d ("Ariel")'
- [as it says,] 'Woe, Ariel, Ariel, city of David's camp'
(Isaiah 29:1). 'In order that the Lion shall come' - this
is the Holy One Blessed Be He, of whom it is written, 'The
Lion has roared, who fears not?' (Amos 3:8); 'under the
constellation of the Lion' - [as it says,] 'I shall transform
their mourning-day to joy' (Jeremiah 31:12; i.e., the redemption
shall come at the time when we are mourning the Destruction);
'and build the Lion of G-d'-[as it says,] 'G-d builds Jerusalem,
the forsaken of Israel He gathers' (Psalms 147:2)"-Yalkut
Shimoni, Jeremiah 259).
[17] As per the precedent of Herod's tearing down the
Temple (responsa Mass'at Binyamin, cited in the Tzemach
Tzedek's responsum cited above).
[18] Shulchan Aruch, Orach Chaim 152, and commentary
of Taz there.
[19] Talmud, Bava Batra 3b.
[20] A reference to the Holy Temple; cf. Deuteronomy
3:25.
[23] Jerusalem Talmud, Berachot 2:4.
[24] "In every generation is born a descendant
of Judah who is worthy to become Israel's Moshiach"
(commentary of Bartenura on Ruth). "When the time will
come, G-d will reveal Himself to him and send him, and then
the spirit of Moshiach, which is hidden and secreted on
high, will be revealed in him" (Chatam Sofer).
[25] Talmud, Sanhedrin 97b, cited by Maimonides (who
himself calculates the date of Moshiach's coming in his
famed Letter to Yemen) as a halachic prohibition in his
Mishneh Torah, Laws of Kings 12:2.
The obvious difference between what the Talmud warns against
and what these sages did is that a "deadline"
implies that "If the time of the deadline comes and
[Moshiach] has not arrived, then he won't come at all"
(Talmud, ibid.), while these leaders of Israel pointed out
those junctures of history at which the opportunity for
Redemption-an opportunity which, as mentioned above, has
existed from the moment of the Temple's destruction - was
most palpably within reach.
[26] Likkutei Sichot, vol. XXIX, pp. 9-17.
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