This week’s article is a continuation of last week’s discussion on the prohibition of planting trees near a shul. We will explore whether it is permissible to place trees inside a synagogue on Shavuos: the origins of this custom, and the reasons some have chosen to cancel it. We also delve into related issues: Can trees be planted in the Western Wall plaza? Is planting a decorative tree in a shul’s event hall, which is occasionally used for prayer services, permitted? Can the site of a destroyed synagogue be made into a public garden?
Outdoor payer is also addressed in this week’s article: Can a shady area under a tree be designated as prayer space? What laws apply to such a tree?
Planting Trees Near Shuls – Part II
In last week’s article, we discussed the permissibility of planting trees near a synagogue, and we presented a dispute among later authorities whether the prohibition of planting trees near the Beis Hamikdash extends to synagogues as well. This week, we will expand the discussion by addressing several practical and intriguing questions on the topic.
Decorating Shul On Shavuos
The Rema (OC 494:4) mentions a custom to place flowers in homes and synagogues in honor of Shavuos. Another custom mentioned in the Magen Avraham (494:5) is to place large trees in the synagogue and homes, to remind people to daven for the trees, as Shavuos is the Day of Judgment for the fruit of the tree (Rosh Hashanah 16a).
Later, the latter custom ended, as the Chayei Adam (Part 2, 131:13) writes: “The Vilna Gaon abolished the custom of placing trees on Shavuos because it is now a custom of the nations to place trees on their holiday [called ‘Green Pentecost’ or ‘Pfingsten’].”
The Mishnah Brurah (494:10) cites the Magen Avraham and notes that the Vilna Gaon abolished this custom. The Munkatcher Rebbe (Shaar Yissachar, Maamar Chag Habikkurim, 48; Derech Chaim v’Shalom, Shavuos, 637) similarly mentions that although a source for the custom is found in the Zohar (Emor, Tzav), many Chassidim refrain from it following the Vilna Gaon’s ruling out of concern not to engage in non-Jewish practices, even if they originally were Jewish practices.
It is worth noting that, although the Chayei Adam attributes the prohibition to the Vilna Gaon who was his mechutan, we find no such mention in the Vilna Gaon’s own writings. Even in his commentary on the Rema and Magen Avraham (OC 494), the Vilna Gaon does not comment on this issue. However, Maaseh Rav HaShalem (edited by Rav Moshe Zloshinsky, section 195) mentions it.
Several prominent authorities have endorsed this custom. Shulchan Aruch HaRav (OC 494:15) cites the Magen Avraham without noting any concern of imitating non-Jewish customs. The Shoel U’meshiv (Yosef Da’as, YD 148) notes the Vilna Gaon’s stance, but quotes a senior Christian who explained that their custom of placing trees was for aesthetic reasons only, not for religious purposes, and thus it is permissible.
Similarly, Chut HaMeshulash (p. 128) notes that during the Chasam Sofer’s lifetime, it was customary to adorn synagogues with tree branches and fragrant herbs on Shavuos, and the rabbi’s seat was decorated even more elaborately. One year, the gabbai wanted to cancel the custom but the Chasam Sofer warned him not to do so. When he arrived in shul on Shavuos evening and saw there were no decorations, the Chasam Sofer was agitated, and the gabbai suffered dire consequences as a result.
Rabbi Ovadia Yosef (Yechave Daas, Vol. 4, Orach Chaim, 33) extensively discusses the matter, and concludes that the custom to decorate synagogues and siferi Torah with flowers and tree branches on Shavuos has a strong foundation in Jewish tradition, and it is therefore permissible. Rav Ben Zion Abba Shaul (Or LeTzion, Part 3, Chapter 18:11) notes that in places where this has become a non-Jewish practice, it is best to refrain from it, but Sephardim do not typically place trees, only leaves or flowers.
Planting Trees At The Kosel
Is it permissible to plant trees in the upper Kosel Plaza? Rav Shmuel Rabinowitz, the Rabbi of the Holy Sites (Beit Aharon V’Yisrael 78, 1999, p. 59–62), discussed this issue. The Western Wall currently has two plazas, the lower plaza designated for prayer, and the upper plaza. Does the upper plaza have the status of a regular synagogue, or of an entranceway? While on regular days the upper plaza is not used for prayer, on busy days, such as selichos, Yomim Tovim and on other occasions, the overflow prays in the upper plaza.
Rav Rabinowitz notes the opinion of the former Chief Rabbi of Jerusalem, Rav Betzalel Zolty, who ruled that since the upper plaza is occasionally used for overflow prayer services, it is prohibited to plant trees there, just as in the lower prayer plaza.
Planting Trees In A Synagogue’s Social Hall Where People Occasionally Daven
Some synagogues have social halls that are occasionally used for prayer when the main sanctuary is taken. Is it permissible to plant trees in such halls for decorative purposes? The Maharit (YD 2:4) discusses a similar case where there was an orchard right outside a shul, where community members would eat and drink. After a while, members of the community began arguing if this was proper, and they sent their question to the Maharit.
He answered, that since the entrance of the shul was to the west, and the orchard was at the other side of the building, to the east, there was no problem with it. Even if occasionally the orchard was used for prayer, since its primary purpose is not for prayer, eating and drinking there is permitted. Similarly, in this case, where the hall is primarily used for events, and only occasionally for prayer, it is permissible to plant trees inside for decoration.
The Churva Shul
An intriguing story took place at the Churva Shul, a site with a rich and dramatic history. Originally established in 1700 (5460) for the Ashkenazi community, the synagogue was built on the ruins of earlier synagogues that had collapsed over the years. It was a beautiful building, but the builders were unable to pay off their debts to the local Arabs. As a result, the Arabs completely destroyed the synagogue and burned its courtyard. They also imposed a ban on Ashkenazi Jews settling in Jerusalem for 100 years. [During this period, Ashkenazi Jews who wanted to live in Jerusalem disguised themselves as Sephardim, a practice that led to the well-known “Jerusalemite” style of dress.] From then on, the synagogue became known as “The Churva” (Ruin).
In 1837 (5597), the Vilna Gaon’s disciples initiated efforts to renew the Ashkenazi presence in Jerusalem and obtained permission to rebuild the historic shul. The actual construction began on the 17th of Nissan 1857 (5617), largely funded by contributions from the Rothschild family [the synagogue was named Beis Yaakov after their father], Moses Montefiore, and a benefactor from Baghdad named Yechezkel Reuven. Seven years later, in 1864, the synagogue was re-inaugurated with unprecedented grandeur. It became the hub of Torah life for the Perushim (disciples of the Vilna Gaon) in Jerusalem, housing the community’s Beis Din, Beis Midrash, and Talmud Torah.
On Lag BaOmer in 1948 (5708), the Jordanian army destroyed the synagogue once again. For many years, it remained in ruins, and even after the Six-Day War and liberation of Jerusalem it was not rebuilt. The ruins served as a museum, telling the story of its former glory and destruction. It wasn’t until 2003 (5763) that plans for renovating the synagogue began. Finally, on the 29th of Iyar 2010 (5770), the synagogue was re-inaugurated, and once again becoming a vibrant Torah center for the residents of the Jewish Quarter.
The question we will now address was presented before the shul was rebuilt, in 1975, when the municipality suggested planting a large public garden on the site which would serve as a memorial to the destroyed synagogue. The Company for the Reconstruction and Development of the Jewish Quarter put this proposal to a vote, and one of the board members, Dov Rosen, expressed concern over the serious halachic prohibition against planting trees in a synagogue. He was unsure, however, if this prohibition applied to a synagogue that had been destroyed. Mr. Rosen sought guidance from Rabbi Ovadia Yosef.
Rabbi Ovadia Yosef (Yalkut Yosef OC 151:32; Techumin vol. 10, p. 132–134) responded that it is forbidden to plant a public garden on the site of a destroyed synagogue, as synagogues retain their sanctity even after they are destroyed. Just as we must honor their sanctity when they are standing, we must continue to respect them in their ruins. While some authorities permit planting trees near a synagogue if the trees serve the synagogue, relying on the opinion that the prohibition applies only to the Beis Hamikdash, planting a garden on the ruins of a synagogue would be a disgrace and a violation of its sanctity. Therefore, Rabbi Yosef instructed Rosen to oppose the proposal and even offered his assistance in ensuring that the idea was removed from the agenda.
Designate a Tree As A Shul
Rabbi Yitzchak Zilberstein (Chashukei Chemed Eruvin 15) discussed another related question: Is it permissible to designate a shady tree as a prayer space? This issue arises in resort areas (or during Covid) where building a synagogue was not feasible.
Rabbi Zilberstein ruled that the prohibition against planting trees in shul only applies when a synagogue already exists, and a tree is planted adjacent to it. However, if the tree itself is designated as the synagogue, there is no prohibition involved in praying there, even according to the stringent opinions. [See Maharit (vol. 2 YD 4)].
Nevertheless, Rabbi Zilberstein added that once the tree becomes part of the synagogue (or the shul itself), removing branches or leaves is forbidden, unless necessary for the “synagogue” — when branches obstruct worshippers, etc. This prohibition stems from the general rule that it is forbidden to dismantle any part of a shul.
