In Jewish law, Kibush (conquest) requires actual control over territory, while Chazaka (possession) merely indicates presence without authority; therefore, Jewish presence on the Temple Mount constitutes Chazaka rather than Kibush, meaning they are guests rather than conquerors, and regular protest can prevent the development of Chazaka by others.
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Rabbi Dov Lior on Conquering the Temple MountAdded:
[music] >> Rabbi Leo Fink said Let let's explain this. Yeah, here's how it goes.
Let's put two things together. Last year he said pointing out the Rambam What's the difference between Kibush and Chazaka?
They consider, Rabbi Leo especially considers that Jewish presence in Har Habayit is Kibush, right?
So my response was if the people with the guns are the ones controlling when you can go up and how you can go up and how often you can go up and how long you can be there and with whom you can go and what you can do and then they kick you off, right?
You're not Kibushed. You're a guest and you're being pushed around.
Right?
So the ones who are Kibushing are the ones who are like with the guns and calling the shots.
But you are doing Chazaka.
You're staying there and you're not going to be.
You know that.
There the Halacha recognizes that. Let's say there's a squatter on your field, right?
Squatter is or in your house.
He's going to get a Chazaka on that, right?
But if you're there protesting, every now and then you say, "I don't have the ability right now. The courts aren't listening to me. I don't have any police force helping me, but I'm just making sure everybody knows this. That is really my house. That's really my field and I object.
And God willing, if I had the legal power or the physical force, I would remove that guy the squatter from there.
So the squatter does not develop a Chazaka.
Legally speaking, Chazaka plus other legal facets allow him to make a claim on that property.
If he acknowledges you had a Chazaka, it was once yours, but now I have a Chazaka, now it's mine, that's not good enough. He has to explain how he came to negate your Chazaka.
He has to have a claim, "I bought it from your dad." or something like that.
Like repossessed it from the bank, something. The king gave it to me, something.
Aside from Khazaka. But you could break his Khazaka by regularly protesting or just showing them that you're there, not letting him develop a Khazaka.
So that's what's going on there. Rabbi Lior believes, and the Ben Gvir heter wasn't the first one. That just came out publicly now.
I told some people.
Rabbi Lior didn't explain himself today because he's not feeling well. They're saying to heal him for him. He's He's uh holding by the end, as they say. God help him. Hopefully it's not the end.
But they're saying, you know, like, you know, he's really not well. So he can't defend his position now. But this possession this position is not new. He gave this heter to other people previously, including Feiglin.
He believes that being there is is Kibush.
So for Kibush purposes, you have to retake Har Habayit.
The soldiers who went there in during the '67 war, they could say, "Well, we're not going to go into the let's say the Dome of the Rock. The Arabs will say that they had to hold themselves up there. The Jordanians had made it a fortification there. You'd say like, "Well, the IDF can go only as so far as the Khayal, and they can't go farther.
So we have to let them stay in the Dome of the Rock. We'll never be able to get them out of there."
Nonsense.
To get them out of there, you have to go in there. When it comes to war and Pikuach Nefesh, you go on Har Habayit.
There's no where you can't go. Even Kodesh Kadashim you can go in there.
Who by the way went into the Kodesh Kadashim because of Pikuach Nefesh? As I'll say, King Yehoash as a baby was hidden there.
Right? Where he can't go. But whatever, you need to be need to you need to go in there. So too, if you assume that it's Kibush and needs to be done, so you can go in there.
That's all.
So that's just a complicated halachic idea. The like the like let's say others don't understand necessarily like what is Kibush are you doing?
Okay. You know, that's that that then you're going to argue the argue if it's actually accomplishing anything. You're arguing the facts. I'm giving you the Halakhic arguments. He claims it's kibosh, so he's allowing them to go there.
It's important that representatives of the government be on Har HaBayit.
Like I said last week, I'm not the biggest fan of the Israeli flag, but I'm more concerned about this here is where they do not fly it.
If you're on Jerusalem streets and suddenly you go into a certain neighborhood, say there's no flags on the streets, and then you leave that neighborhood suddenly there's flags again.
What does that mean?
It means they're afraid to fly the flag in certain places. They're not asserting themselves there.
Have you noticed that at all?
Well, that I did.
There's one place in Jerusalem where you can't fly the Israeli flag.
What does that mean?
Well, but what does it mean to besides that? What does it mean when the government stops you? When the police stop you?
What?
They're scared they don't want it.
That's what it means. That's a problem.
It's where they don't fly the flag.
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