Halakhah su Levitico 26:31

Many sources indicate that we should not build the Beit Hamikdash (Holy Temple) today. The Sefer Hachinuch (95) writes that the mitzvah to build the Beit Hamikdash applies only when a majority of world Jewry lives in Israel (which seems not yet to have occurred as of this writing).⁴We have presented the Sefer Hachinuch’s opinion according to its simple reading. See, however, Teshuvot Tzitz Eliezer (10:1:11 and 10:2:1), who entertains several other possible interpretations. He cites and rejects a view that whenever Jewish immigration to Israel is unrestricted, such as the present time, it is as if most Jews live in Israel. He also suggests that the Sefer Hachinuch requires that a majority of the inhabitants of Israel be Jews, but does not consider whether many more Jews live in the Diaspora. Rav Moshe Shternbuch (Moadim Uzmanim 5:351) notes that a simple reading of the Sefer Hachinuch’s view raises the difficulty that most Jews regrettably lived outside of Israel when the Second Temple was built. For further discussion of the Sefer Hachinuch’s position, see Techumin 12:490. Furthermore, Rashi and Tosafot (Sukkah 41a s.v. Iy Nami) cite a Midrash that states that the Third Temple will not be built by humans, but will miraculously descend from the heavens as a complete edifice.⁵Rav J. David Bleich (Contemporary Halakhic Problems 1:246 note 3) argues that the Nacheim prayer (recited on Tishah B’av) also implies that the third Beit Hamikdash will descend from heaven and not be built by human hands. The Binyan Tzion (1:1) also demonstrates from our prayers that the Mashiach’s arrival will precede the Beit Hamikdash. He refers to a passage from the Gemara (Megillah 17b-18a) that explains the structure of the Shmoneh Esrei. The Gemara states that the blessing of Et Tzemach David (which prays for the return of David’s dynasty) precedes R’tzei (which focuses on restoring the Temple service) by two blessings, because the return of David’s dynasty will precede the Temple service’s restoration by two steps in the redemption process. The Binyan Tzion thus explains that the Rabbis did not offer korbanot after the Temple’s destruction, despite the fact that they had access to ashes of the parah adumah (red heifer) in order to purify themselves. Rav Waldenberg (Tzitz Eliezer 10:1:46 and 10:7:7) vigorously emphasizes this point. The Netziv (Ha’ameik Davar, Vayikra 26:31) also implies that korbanot may not be offered before the arrival of Mashiach, because he claims that a condition of exile is that God will not accept our korbanot. The Netziv argues, however, that the Korban Pesach is an exception to this rule and may be offered even before the Beit Hamikdash is rebuilt. (In fact, the Netziv believes that the Korban Pesach was actually offered during the years immediately following the Second Temple’s destruction.) Later in this chapter, we cite Rav Avraham Yitzchak Kook’s belief that korbanot may be offered before rebuilding the Beit Hamikdash. On the other hand, the Rambam (Hilchot Beit Habechirah 1:1,4) strongly implies that human hands will indeed build it. Elsewhere (Hilchot Melachim 11:1,4), he adds that when someone successfully builds the Beit Hamikdash, we will know that he is the Mashiach (Messiah). According to the Rambam, it follows that we need not wait for a miracle in order to commence working towards a Beit Hamikdash and korbanot.

Binyan Ẓion includes another noteworthy objection to Kalisher's proposal. R. Ya'akov Ettlinger's major contention is based upon the verse "And I will bring your sanctuaries unto destruction, and I will not smell the savor of your sweet odors" (Lev. 26:31). The Gemara prescribes that each sacrifice be offered with six "intentions" (Zevaḥim 46a); among these are le-shem reaḥ and le-shem niḥoaḥ. Ettlinger argues that since God says He will not smell "the savor of your sweet odors" while the Temple lies desolate we cannot offer the sacrifice with such an intention. A similar concept is expressed independently in Emek Berakhah (Jerusalem, 5708), p. 66, by R. Aryeh Pomeranchik, a distinguished disciple of the late Brisker Rav. Quoting an oral tradition related in the name of R. Naftali Zevi Judah Berlin, Rosh Yeshivah of Volozin,³⁶This view is, in fact, expressed by R. Berlin in his Teshuvot Meshiv Davar, Kuntres Dvar ha-Shmittah, no. 56, and in his Ha‘amek Davar, Lev. 26:31 and Deut. 16:13. See also a hitherto unpublished letter written by R. Berlin, Ha-Ma‘ayan, Nisan 5734, pp. 9–10, and R. Menachem Gerlitz, Mara de-Ar‘a Yisra’el (Jerusalem, 5734), II, 16. Ḥazon Ish, Ohalot 30:5, expresses a similar but different concept in stating, on the basis of the same verse, that sacrifices are precluded as one of the manifestations of exile. See R. Kalman Kahana, Ha-Ma‘ayan, Tevet 5731, p. 31, n. 12. Rabbi Pomeranchik asserts that while ordinarily a sacrifice in which these intentions are absent remains valid, nevertheless, in instances when these intentions are impossible, the sacrifice is rendered invalid. The sole exception is the paschal sacrifice which the Torah never refers to as being offered for purposes of "a sweet odor." Rabbi Pomeranchik explains the difficult phrase in the Haggadah, "May we partake there of the sacrifices and of the paschal offerings, whose blood shall be sprinkled upon Thine altar for acceptance," in light of this novel interpretation. The term le-razon expresses our prayer that we shall be able to offer the pesaḥ in a rebuilt Temple in a perfect manner, so that it will also be accepted as "a sweet odor," although this is not strictly required in the case of the paschal sacrifice.

Synagogues and study halls have great holiness since we pray in them and learn in them Torah. These locations have a reflection of the sanctity of the Temple. Our wise ones of blessed memory said, "And these will be small Temples" (Megilah 29a)-these are the Synagogues and study halls. And this that is written, "O Lord, You have been our dwelling place throughout all generations"(Psalms 90:1)- these are the Synagogues and study halls. Even in the time of the destruction [of the Temple], they still have sanctity as it is written, "and I will desolate your sanctuaries" (Lev. 26:31)-"They are still sanctuaries even when they are desolate" (Megilah 28a). Therefore, Synagogues and study halls are not treated with lightheartedness, for example, with games, humor and small talk. The Arizal (R' Issac Luria) was very careful to only speak words of prayer in the Synagogue. Even words of rebuke should not be spoken, least it lead to the discussion of mundane matters. (Magen Avraham Subsection 3).