Chareidi community leaders in Haifa and representatives of
United Torah Judaism on the Haifa City Council are warning
that continued construction on Jaffa Street without building
the necessary ceilings above the burial caves lying beneath
the street could pose a problem of tumas kohanim.
Jaffa Street, located in the lower portion of the city, is
slated to be widened from four lanes to six and to be
transformed into a central artery connecting the northern and
central regions of the country. Already in the British
Mandate period it was reported that the street had been paved
over Jewish burial caves mentioned in sifrei kadmonim,
the Mount Carmel Slopes Cemetery. Several rishonim are
buried there including the Tosafos Shantz.
The burial caves were discovered when the street was first
paved. When underground pedestrian tunnels were dug, workers
uncovered and desecrated the gravesites, launching an uproar
in Haifa and across the country, including a public letter of
protest written by maranan verabonon. Construction
work was performed by city-owned company Yeffei Nof. All of
the requests and entreaties to delay construction met firm
resistance.
In recent years extensive efforts have been made to lobby for
an ohel chotzetz beneath the pavement, which would
allow kohanim to use the street as well. In Jerusalem,
Tiberius and other cities various government ministries have
agreed to fund the construction of ceilings designed to block
tumoh, but in Haifa local government authorities
denied the requests and laid a cement ceiling--which does not
meet halachic requirements for blocking tumoh--over
graves that were unearthed and desecrated.
Local rabbonim met with HaRav Yosef Sholom Eliashiv to
request guidelines for the proper construction of an ohel
chotzetz. They were told that based on the din of
sofeik tumoh bireshus horabim an ohel chotzetz
should cover the entire street, extending to the point where
it is certain there are no burial caves.
The City of Haifa has rejected this proposal and all attempts
by UTJ representatives Rabbi Chaim Williger and Rabbi Aryeh
Blitental to alter the plans have failed to produce positive
results. Opponents are concerned over continued construction
and grave robberies, which were known to take place at the
caves in the past. Local activists note that the battle will
resume shortly and various steps will be taken to try to
ensure that the street is paved according to HaRav Eliashiv's
psak din.
