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Q&A: On the Halakhic Possibility of Applying Temple Sanctity to the Dome of the Rock (as the Sanctuary and Holy of Holies)

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On the Halakhic Possibility of Applying Temple Sanctity to the Dome of the Rock (as the Sanctuary and Holy of Holies)

Question

To Rabbi Michael Abraham, greetings,
I have a question.
Many times it pains me to hear the chants, "Let the Temple be built, let the mosque be burned," at the flag march. This is seemingly barbaric behavior, but on the other hand one might think that from a halakhic standpoint there is no other way, and that it is "either us or them." I wanted to ask specifically in an original vein of thought—whether it could be both us and them together—that is, to worship God in a Temple that would not contradict the Dome of the Rock, but would specifically be constituted through it.
If so, my question is: can the Dome of the Rock be seen as fulfilling the main requirement of the commandment to build the Sanctuary and the Holy of Holies for a Third Temple?
Seemingly, Ezekiel’s Temple is not necessarily supposed to be realized, both based on our halakhic experience, since Ezra and Nehemiah did not build according to it, nor did Herod. Likewise, Ezekiel is a prophet who does not meet halakhic criteria, since his laws of sacrifices contradict those in the book of Numbers.
Some try to understand the dimensions of the future Temple according to the measurements in tractate Middot in the Mishnah. But the Mishnah in tractate Middot speaks about the past, and in the past tense, and does not necessarily purport to describe the future. When it does speak about the future, it states so explicitly, and refers to Ezekiel’s vision—seemingly from within an understanding that it is impossible to determine the dimensions of the future Temple (it is essentially referring to a source that is not halakhically valid)—
"The Women’s Court was one hundred and thirty-five cubits long by one hundred and thirty-five cubits wide. And there were four chambers in its four corners, each forty by forty cubits. And they were not roofed. And so they will be in the future, as it is said (Ezekiel 46): ‘Then he brought me out into the outer court, and led me past the four corners of the court, and behold, in every corner of the court there was a court, in the four corners of the court there were enclosed courts.’ [And ‘enclosed’ means] only that they are not roofed." (Tractate Middot, chapter 2, mishnah 5)
And Maimonides explains the essence of the Temple commandment in Laws of the Chosen House, chapter 1:
"And these are the elements that are essential in the construction of the House: one makes in it a Sanctuary and a Holy of Holies, and before the Sanctuary there shall be one place called the Vestibule; and all three are called the Heikhal. And one makes another partition around the Heikhal, set at some distance from it, like the hangings of the courtyard that were in the wilderness; and everything enclosed by this partition, which is like the courtyard of the Tent of Meeting, is called the Azarah. And the whole is called the Temple."
And this structure also exists in the Dome of the Rock, where there is a partition around the Foundation Stone, and around it there is the domed structure. One only needs to make a partition for the Israelites’ Court around the Dome of the Rock, and seemingly that is already a Temple.
As for the question whether ritual objects made by gentiles may be used for a commandment, it appears from the passage in Gittin 45b that the problem is only with heretics, and not with Muslims, who are not "tainted" by belief in partnership with God (like the Christian church). In addition, there are historical views that Jews built the Dome of the Rock; and even if not, making a fence for the Israelites’ Court would be completing the work, which could be done by Jews, and in any case the work is attributed to the one who completes it.
This is the essence of the question.
What do you think?
With blessings,
Ofir
P.S. There are views in scholarship that the Temple was not located where the Dome of the Rock stands, but let us set those aside for the sake of the discussion.

Answer

I didn’t understand the question. Are you asking whether it would be possible to use the Dome of the Rock as the Temple once the time and the generation are fit for it? I assume not. There are rules for building the Temple, and quite apart from the specific measurements, they are not fulfilled by the Dome of the Rock.

Discussion on Answer

Ofir (2021-12-12)

That is indeed what I am asking. Which rules for building the Temple cannot be fulfilled on the assumption that we use the existing structure of the Dome of the Rock for the Sanctuary and the Holy of Holies? What contradiction are you referring to besides the measurements? (I’d be glad for sources.)

Michi (2021-12-12)

Use whatever you want. You can use the Dome of the Rock as stones for building the Temple, but the Dome of the Rock is not the Temple. I really don’t understand this strange piece of pilpul.

Ofir (2021-12-12)

Books of Jewish law are full of pilpul, and that is part of halakhic ruling. I wrote clear things. You said there are additional rules for building the Temple. What are they? If there aren’t any, I don’t understand what is stopping you from recognizing the Dome of the Rock as part of the future Temple.

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